Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy
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134 citations
Cites background from "Between Facts and Norms: Contributi..."
...This concept, on which political CSR is also founded (Scherer & Palazzo, 2007), has been central in the theory of deliberative democracy (Chambers, 2003; Dryzek, 1990; Habermas, 1998, 2001; Thompson, 2008)....
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...…forms of politics (e.g., parliaments, parties, elections) (Elster, 1986), deliberative democracy involves the shaping of public policy in discursive processes that Electronic copy available at: https://ssrn.com/abstract=3269129 26 actors (Fung, 2003a, 2006; Habermas, 1998, 2001; Roberts, 2004)....
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...By contrast, deliberative democracy emphasizes the role of deliberations in the process of forming and changing preferences on public issues and explores the variety of communicative conditions and mechanisms to determine collective decisions (Habermas, 1998, 2001)....
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131 citations
Cites background from "Between Facts and Norms: Contributi..."
...…these discourses of justification as a process of discursive political will formation by citizens that are active and influential and not radically compromised as with Rawls by the hold of specialized, elite deliberation on the ‘higher order’ of public reason (Rawls 1993/2005, Habermas 1996)....
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...…of social systems and between system and lifeworld in the above sense with a theory of modern segmentary differentiation arising through the core-periphery architecture of what he terms the constitutional circuit of power (Habermas 1996), a term he takes from Bernhard Peters (Peters 1993)....
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...Social integration, therefore, has a moral quality and this moral quality should in the end prevail over merely functional considerations but without denying the relative autonomy of primarily non-moral spheres of action (Habermas 1996)....
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...One concept that has been addressed by Habermas since the 1980s of considerable significance for the theory of society is that of communicative power (Habermas 1986, 1996)....
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131 citations
Cites background from "Between Facts and Norms: Contributi..."
...Habermas’ response is given in Habermas, 1996: 313–14....
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...Instead, the public sphere is described as a ‘network for communicating information and points of view (i.e., opinions expressing affirmative or negative attitudes)’ (Habermas, 1996: 360)....
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...Simply aggregating individual preferences through voting procedures is insufficient for the rational creation of legitimate norms (Habermas, 1990: 91; Habermas, 1996: 181–3)....
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...Under this theory, norms which diverge widely among cultural groups can nevertheless be considered legitimate so long as they meet three requirements pertaining to universal participation, the impartial moral point of view, and conditions of fairness (see Habermas, 1996: 182)....
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...…cultural beliefs must be kept within the private sphere, where they may indeed animate individual life-plans.13 Clearly this differs from Habermas’ position that rational discourse must allow for the ‘free processing of themes, contributions, information, and reasons’ (Habermas, 1996: 107–8)....
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130 citations
Cites background from "Between Facts and Norms: Contributi..."
...(2) Citizenship rights to political membership....
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...threatening poverty; (2) the relatively large gap in quality of life expectations between Habermas on human rights...
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...human rights that sees human rights as claims against freedom-denying structures that have been imposed on persons without their free, rational consent and (2) an...
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