Journal Article•
Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy
About: This article is published in Review of Metaphysics.The article was published on 1997-02-01 and is currently open access. It has received 2568 citations till now. The article focuses on the topics: Democracy.
Citations
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TL;DR: An integrated phenomenological account of religion is proposed that traces the phenomenality of religion in terms of a correlation between the originary givenness of transcendence and capable man’s creative capacities to respond to it.
Abstract: In this paper I argue that we need to analyze ‘religious violence’ in the ‘post-secular context’ in a twofold way: rather than simply viewing it in terms of mere irrationality, senselessness, atavi...
22 citations
DOI•
24 May 2013TL;DR: In this article, the legitimacy of the demos' boundaries is clarified by structuring the debate into three strains of justification: first, normative membership principles; second, its democratic functionality and the necessity of cohesion for this essential function; and third, a procedural understanding of the people.
Abstract: Despite being fundamental to democracy, the normative concept of the people, i.e. the demos, is highly unclear. This article clarifies the legitimacy of the demos’ boundaries by structuring the debate into three strains of justification: first, normative membership principles; second, its democratic functionality and the necessity of cohesion for this essential function; and third, a procedural understanding of the demos. It will be shown that normative principles can only justify its expansion towards the ideal of an unbounded demos. On the other hand, the democratic function of the demos can be understood as a criterion for its restriction. This, however, is only possible on the basis of an existing polity and not for the initial constitution of the demos. Consequently, a legitimate demos has to take both inclusionary and exclusionary tendencies into account. These tendencies need to be weighed against each other in the democratic process, which leads to a fundamentally procedural understanding of the legitimacy of the demos.
22 citations
22 citations
Cites background or methods from "Between Facts and Norms: Contributi..."
...‘Every encounter in which actors do not just observe each other but take a second-person attitude, reciprocally attributing communicative freedom to each other, unfolds in a linguistically constituted public space’ (Habermas, 1996: 361; emphasis mine)....
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...…in Habermas’s Between Facts and Norms is surely when, discussing the differentiation of public spheres in modern societies, Habermas uses as an example the ‘occasional or arranged publics of particular presentations and events such as theatre performances, rock concerts. . .’ (Habermas 1996: 374)....
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...Law ‘removes tasks of social integration from actors who are already overburdened in their efforts at reaching understanding’ (Habermas, 1996: 38)....
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...…problems, KH] find their concise expression in the languages of religion, art, and literature, the ‘literary public sphere’ in the broader sense, which is specialized for the articulation of values and world disclosure, is intertwined with the political public sphere’ (Habermas, 1996: 365)....
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...The public sphere thereby became a ‘sounding board for problems that must be processed by the political system’ (Habermas, 1996: 359) and was effectively relieved of the burden of defining public policy....
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TL;DR: In this article, the dynamics of the democratisation of expertise by analyzing public bioethics as a form of deliberative democracy is specified, and the authors propose a model to specify the dynamics and dynamics of expertise democratization.
Abstract: This article aims to specify the dynamics of the democratisation of expertise by analysing public bioethics as a form of deliberative democracy. Public bioethics refers to the whole range of bodies...
22 citations
Cites background from "Between Facts and Norms: Contributi..."
...‘Macro’ deliberative theorists (Dryzek, 1990; 2000; Habermas, 1994; 1996) locate deliberative democracy in unstructured and open discursive forms of deliberation in the public sphere, outside the formal decision-making institutions © 2010 The Author....
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...Drawing on Habermas’ (1996) communicative model, she pays particular attention to the cognitive and communicative dimensions of regulation....
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TL;DR: This article explored the abstract notion of "justice" through the lens of "folk humour" in stand-up comedy which references securitization in the post-9/11 period.
Abstract: For Rabelais,‘folk humour’ and its boundless forms are not frivolous, inconsequential aspects of the human condition but, rather, are central to modes of critique and the formation of discourses which seek radical cultural transformation by evading, exposing, resisting, scandalizing and mocking ‘official culture’. Taking its cue from Bakhtin’s exposition of the grotesque realism of the Rabelaisian novel, this article explores the abstract notion of ‘justice’ through the lens of ‘folk humour’—specifically, stand-up comedy which references securitization in the post-9/11 period. In so doing, it calls into question Habermasian discourse ethics, proposing instead a model of ‘doing justice’ predicated on Bakhtinian dialogism.
21 citations
Cites background from "Between Facts and Norms: Contributi..."
...On the other hand, in his later work, Between Facts and Norms, Habermas (1996) is a little more open to the deliberative possibilities of different kinds of popular cultural media including ‘theater performances (and) rock concerts’ (1996: 374)....
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References
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TL;DR: In this comprehensive social theory of the Internet and the networked information economy, Benkler describes how patterns of information, knowledge, and cultural production are changing--and shows that the way information and knowledge are made available can either limit or enlarge the ways people can create and express themselves.
Abstract: With the radical changes in information production that the Internet has introduced, we stand at an important moment of transition, says Yochai Benkler in this thought-provoking book. The phenomenon he describes as social production is reshaping markets, while at the same time offering new opportunities to enhance individual freedom, cultural diversity, political discourse, and justice. But these results are by no means inevitable: a systematic campaign to protect the entrenched industrial information economy of the last century threatens the promise of today's emerging networked information environment. In this comprehensive social theory of the Internet and the networked information economy, Benkler describes how patterns of information, knowledge, and cultural production are changing--and shows that the way information and knowledge are made available can either limit or enlarge the ways people can create and express themselves. He describes the range of legal and policy choices that confront us and maintains that there is much to be gained--or lost--by the decisions we make today.
4,002 citations
TL;DR: In this paper, the authors develop a framework for understanding the range of institutional possibilities for public participation, including who participates, how participants communicate with one another and make decisions together, and how discussions are linked with policy or public action.
Abstract: The multifaceted challenges of contemporary governance demand a complex account of the ways in which those who are subject to laws and policies should participate in making them. This article develops a framework for understanding the range of institutional possibilities for public participation. Mechanisms of participation vary along three important dimensions: who participates, how participants communicate with one another and make decisions together, and how discussions are linked with policy or public action. These three dimensions constitute a space in which any particular mechanism of participation can be located. Different regions of this institutional design space are more and less suited to addressing important problems of democratic governance such as legitimacy, justice, and effective administration.
1,526 citations
01 Dec 2000
TL;DR: In this paper, the authors examine the current debate about the nature of democracy and discuss the main theses of the approach called "deliberative democracy" in its two main versions, the one put forward by John Rawls, and the other one put forth by Jurgen Habermas.
Abstract: This article examines the current debate about the nature of democracy and discusses the main theses of the approach called 'deliberative democracy' in its two main versions, the one put forward by John Rawls, and the other one put forwardby Jurgen Habermas. While agreeing with them as regards to the need to develop a more of democracy than the one offered by the 'aggregative' model, I submit that they do not provide an adequate understanding of the main task of democracy. No doubt, by stating that democracy cannot be reduced to a question of procedures to mediate among conflicting interests, deliberative democrats defend a conception of democracy that presents a richer conception of politics. But, albeit in a different way thanthe view they criticize, their vision is also a rationalist one which leaves aside the crucial role played by 'passions' and collective forms of identifications in the field of politics. Moreover, in their attempt to reconcile the liberal tradition with the democratic one, deliberative democrats tend to erase the tension that exist between liberalism and democracy and they are therefore unable to come to terms with the conflictual nature of democratic politics. The main thesis that I put forward in this article is that democratic theory needs to acknowledge the ineradicability of antagonism and the impossibility of achieving a fully inclusive rational consensus. I argue that a model of democracy in terms of 'agonistic pluralism' can help us to better envisage the main challenge facing democratic politics today: how to create democratic forms of identifications that will contribute to mobilize passions towards democratic designs.;
1,338 citations
TL;DR: Public diplomacy, as the diplomacy of the public, not of the government, intervenes in this global public sphere, laying the ground for traditional forms of diplomacy to act beyond the strict negotiation of power relationships by building on shared... as mentioned in this paper.
Abstract: The public sphere is the space of communication of ideas and projects that emerge from society and are addressed to the decision makers in the institutions of society. The global civil society is the organized expression of the values and interests of society. The relationships between government and civil society and their interaction via the public sphere define the polity of society. The process of globalization has shifted the debate from the national domain to the global debate, prompting the emergence of a global civil society and of ad hoc forms of global governance. Accordingly, the public sphere as the space of debate on public affairs has also shifted from the national to the global and is increasingly constructed around global communication networks. Public diplomacy, as the diplomacy of the public, not of the government, intervenes in this global public sphere, laying the ground for traditional forms of diplomacy to act beyond the strict negotiation of power relationships by building on shared...
936 citations
Book•
05 Oct 2012
TL;DR: Tweets and the Streets as mentioned in this paper examines the relationship between the rise of social media and the emergence of new forms of protest, arguing that activists' use of Twitter and Facebook does not fit with the image of a "cyberspace" detached from physical reality.
Abstract: Tweets and the Streets analyses the culture of the new protest movements of the 21st century. From the Arab Spring to the "indignados" protests in Spain and the Occupy movement, Paolo Gerbaudo examines the relationship between the rise of social media and the emergence of new forms of protest. Gerbaudo argues that activists' use of Twitter and Facebook does not fit with the image of a "cyberspace" detached from physical reality. Instead, social media is used as part of a project of re-appropriation of public space, which involves the assembling of different groups around "occupied" places such as Cairo's Tahrir Square or New York's Zuccotti Park. An exciting and invigorating journey through the new politics of dissent, Tweets and the Streets points both to the creative possibilities and to the risks of political evanescence which new media brings to the contemporary protest experience.
911 citations