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: In this article, the interfaces between the ideal notions of civil society and participation within the remit of Bangladesh's Poverty Reduction Strategy Paper (PRSP) formulation are examined, and the authors critically look at the interface between these notions and civil society participation.
Abstract: This article critically looks at the interfaces between the ideal notions of civil society and participation within the remit of Bangladesh’s Poverty Reduction Strategy Paper (PRSP) formulation pro...
19 citations
TL;DR: It is argued that the current process for evaluating scholarly output, “counting articles in ranked venues” (CARV), creates pressures that result in a distorted discourse inhibiting the growth of the field and suggested that the IS field should adopt an improved method of evaluation that enhances the openness of ideas.
Abstract: For a research field to advance, scholars must be able to openly exchange ideas. For this open exchange to exist, the contexts and methods that evaluate scholarly output must encourage this interchange. We argue that the current process for evaluating scholarly output, “counting articles in ranked venues” (CARV), creates pressures that result in a distorted discourse inhibiting the growth of the field. We review the current system of evaluating scholarly output and describe its virtues and shortcomings. Then, based on works by Habermas (1984) and Mingers and Walsham (2010), we suggest that the IS field should adopt an improved method of evaluation that enhances the openness of ideas. This method should be objective, reproducible, relatively easy to compute, and standardized. The new method should also produce easy-to-compute profiles of measures that assess a construct for scholarly output founded on a welldefined theory. It should also reduce the dependence on publishing in any particular journal. The scholarly capital model (SCM) represents one such method. We believe that wide adoption of the SCM would open the discourse and help the field to develop more rapidly.
19 citations
Cites background from "Between Facts and Norms: Contributi..."
...…(2009, p. 176) states: [Habermas’] work draws our attention to “the power of these institutions to select, and shape the presentation of messages” and to “strategic uses of political and social power to influence the agendas as well as the triggering and framing of public issues” (Habermas, 1996)....
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...…which Mingers and Walsham (2010) term a “democratic discourse”, forms part of a larger philosophical domain of discourse ethics and, in particular, Apel’s and Habermas’s notions of “deliberative democracy” (Apel 2001; Habermas 1996; Kettner 2006; Rasmussen 1990; von Schomberg & Baynes, 2002)....
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...The notion that a field has a free flow of ideas, which Mingers and Walsham (2010) term a “democratic discourse”, forms part of a larger philosophical domain of discourse ethics and, in particular, Apel’s and Habermas’s notions of “deliberative democracy” (Apel 2001; Habermas 1996; Kettner 2006; Rasmussen 1990; von Schomberg & Baynes, 2002)....
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...[Habermas’] work draws our attention to “the power of these institutions to select, and shape the presentation of messages” and to “strategic uses of political and social power to influence the agendas as well as the triggering and framing of public issues” (Habermas, 1996)....
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TL;DR: In The Crisis of the European Union Jurgen Habermas claims that the constituent power in the EU is shared between the community of EU citizens and the political communities of the member states.
Abstract: In The Crisis of the European Union Jurgen Habermas claims that the constituent power in the EU is shared between the community of EU citizens and the political communities of the member states. By his own account, Habermas arrives at this concept of a dual constituent subject through a rational reconstruction of the genesis of the European constitution. This explanation, however, is not particularly illuminating since it is controversial what the term ‘rational reconstruction’ stands for. This article critically discusses the current state of research on rational reconstruction, develops a new reading of Habermas’ method and invokes this account for an explanation and evaluation of the notion of a European pouvoir constituant mixte.
19 citations
Cites background from "Between Facts and Norms: Contributi..."
...M.P.]; cf. Habermas, 1996b, 2001, 2009)....
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...Among other things, it illuminates Habermas’ claim that the reconstructed internal relation between the rule of law and democracy ‘results from the concept of modern law itself’ (Habermas, 1996c: 254; emphases added)....
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...In these writings, Habermas describes reconstruction as ‘a presuppositional analysis’ that aims at demonstrating ‘that anyone who earnestly takes part in argumentation unavoidably accepts certain communicative presuppositions with a counterfactual content’ (Habermas, 1996a: 1519; original emphasis)....
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...(Habermas, 1996b: 132; emphases added) By implication, the system of rights ultimately represents a normative standard for the evaluation of the legitimacy of actually existing democracies; a normative standard, however, that is rooted in social reality because it has been developed on the basis of…...
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...(Habermas, 1996b: 453; original emphasis; cf. Kalyvas, 2008: 250) Against this background, it appears as if Habermas understands the act of constitutionmaking, similarly to Arendt, ‘more like a process of discovery, excavation, and reconstruction rather than original creation’ (Kalyvas, 2008: 250)....
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TL;DR: In this article, the co-originality thesis of human rights and democracy is analyzed and its implications for the practice of international human rights are discussed. But the focus is shifted from ideal global institutions to actual processes of domestic contestation, through which groups appropriate and apply international legal norms in order to claim their rights.
Abstract: This paper analyses Jurgen Habermas’s claim that democracy and human rights are co-original and its implications for his international theory. A central argument in his theory, the co-originality thesis suggests that human rights and democracy are not only both fundamental and mutually supportive, but also ‘equi-primordial’ and internally related. Reconstructing Habermas’s argument as it has developed over two decades, I argue that his account of constitutional democracy has difficulties accounting for the enmeshment of constitutional and international human rights, while his three-tiered model of global governance, in the absence of democratic legitimation, amounts to a downgrade of the currently institutionalized practice of international human rights. Instead, I suggest that shifting the focus from ideal global institutions to actual processes of domestic contestation, through which groups appropriate and apply international legal norms in order to claim their rights, provides a plausible account of the practice of international human rights consistent with the co-originality thesis.
19 citations
TL;DR: In this article, the role of history teachers in the process of nation-building is examined. But, the authors focus on a specific kind of nation building, and do not discuss the role role of teachers in this process.
Abstract: This paper scrutinizes history narratives as a practice of a specific kind of nation-building and analyzes the role of history teachers in this process. Based on 60 semi-structural interviews with history teachers in Ukraine, this paper analyzes three major national narratives used by history teachers to produce specific meaning of social identity among school pupils. This paper shows how history teachers reproduce national identity in their classrooms by altering the teaching program and textbook narratives and by promoting their vision of a nation, rights of specific groups to participate in nation-building process and defining enemies and allies.
19 citations
Cites background from "Between Facts and Norms: Contributi..."
...According to Habermas (1998), in multi-cultural societies a political national identity rests on an alternative means of national solidarity from nationally specific interpretations of constitutional principles to cultural or ethnic nationalistic sentiments....
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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