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.
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TL;DR: In this paper, a critical overview of how neoliberal colonialism has nurtured wildlife crime in many contexts, and discusses future research avenues opened by incorporating a critique of neoliberalism into wildlife criminology studies.
Abstract: This essay offers a critical overview of how neoliberal colonialism has nurtured wildlife crime in many contexts, and discusses future research avenues opened by incorporating a critique of neoliberalism into wildlife criminology studies. Specifically we suggest neoliberalism’s tendency to convert nature into alienable property and exclude people who do not accept subjugation as eco-rational subjects has created its own brand of wildlife crime by construing those participating in previously acceptable subsistence and recreational activities as criminal deviants. We suggest this phenomenon is widespread, occurring in North America, Europe, and the global south, and promotes ever more draconian deterrence models for addressing wildlife crime. We conclude by suggesting that future research should include analyses of (1) how people violating harvest regulations frame the political context and its impact on their livelihoods, (2) how the subjectification process linked to neoliberal colonialism influences wildlife crime, (3) how alienation of labor contributes to illegal wildlife harvest, and (4) the spatial geography of how neoliberal colonialism influences illegal wildlife harvest.
19 citations
Cites background from "Between Facts and Norms: Contributi..."
...Thus the legitimacy of laws that criminalize certain acts should be assessed in part by the degree to which they are grounded in moral and cultural domains [44]....
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Dissertation•
01 Jan 2014
TL;DR: In this paper, the authors present a list of ACRONYMS, ACKNOWLEDGEMENTS, and DECLARATION OF FREE LICENCE for the first time.
Abstract: ........................................................................................................................... iii ACRONYMS ............................................................................................................................ v ACKNOWLEDGEMENTS ................................................................................................. viii DECLARATION OF FREE LICENCE .............................................................................. xiii
19 citations
Cites background from "Between Facts and Norms: Contributi..."
...(2002: 20) This broad approach counters Habermasian theories of communicative action (Habermas, 1984; 1996; 1998) that remain core to much Northern planning theory....
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TL;DR: The authors locates the frequent call for public participation in the governance of technology within a theory of democratic representation, and examines several modes of representation (symbolic, formal, delegate, trustee, and descriptive) in light of their potential contribution to a democratic theory of publicly representative technology.
19 citations
Cites background from "Between Facts and Norms: Contributi..."
...‘‘Far from being merely neutral, our technologies provide a positive content to the area of life in which they are applied, enhancing certain ends, or denying or even destroying others’’ (p. 29)....
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TL;DR: The early history of European integration has important implications for Jurgen Habermas's conclusions about the place of faith in public life as mentioned in this paper, and the role of political Catholicism played in the foundation of the European project.
Abstract: Jurgen Habermas’s recent work is defined by two trends: an engagement with the realm of the sacred and a concern for the future of the European Union Despite the apparent lack of connection between these themes, I argue that the early history of European integration has important implications for Habermas’s conclusions about the place of faith in public life Although Habermas’s work on religion suggests that the sacred contains important normative resources for postsecular democracies, he continues to bar explicitly religious justifications from discourse within state institutions I question this exclusion of faith by reconstructing the role that political Catholicism played in the foundation of the European project By focusing on two of the most important actors involved in the creation of the first European Community, French Foreign Minister Robert Schuman and German Chancellor Konrad Adenauer, I show how explicitly religious reasons can broaden political perspectives, resulting in the creat
19 citations
TL;DR: The authors argue that the root of instrumental reasoning is to be found in Hume and Weber and suggest that the problems associated with portraying reason as 'inert' or 'formal' underpin many areas of education policy today.
Abstract: Reason is a heterogeneous word with many meanings and functions. Instrumental reasoning is the ‘useful but blind’ variant that, for Horkheimer, presupposes ‘the adequacy of procedures for purposes more or less taken for granted and supposedly self-explanatory’. The paper argues that the root of instrumental reasoning is to be found in Hume and Weber and suggests that the problems associated with portraying reason as ‘inert’ or ‘formal’ underpin many areas of education policy today. A scrutiny of discourses on managerialism, skills and creativity suggests that they are not only bound by instrumental reasoning but tied to unacknowledged purposes associated with what Marcuse called ‘capitalist rationality’. The paper concludes by reflecting upon Habermas’ notion of substantive reasoning that offers education a way forward.
19 citations
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