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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01 Jan 2010
TL;DR: New approaches to qualitative research as mentioned in this paper, New approaches for qualitative research, and new approaches of qualitative research in qualitative research are discussed in the article "New Approach to Qualitative Research".
Abstract: New approaches to qualitative research , New approaches to qualitative research , کتابخانه دیجیتال جندی شاپور اهواز
127 citations
TL;DR: In this article, the authors argue that earlier attempts to justify intra-party democracy have failed, either they have been inconsistent with democratic premises, or those premises have been flawed in the first place.
Abstract: Earlier attempts to justify intra-party democracy have failed. Either they have been inconsistent with democratic premises, or those premises have been flawed in the first place. This article devel...
126 citations
TL;DR: The authors argue that Habermas is ultimately unable to provide a rational foundation for tolerance and that his conception of tolerance encounters the same problems he is trying to avoid, namely, the contingency of the threshold of tolerance and a paternalistic relation between tolerating and tolerated.
Abstract: In his most recent work, Jurgen Habermas has proposed a deliberative account of tolerance where the norms of tolerance—including the threshold of tolerance and the norms regulating the relationship between the tolerating and the tolerated parties—are the outcomes of deliberations among the citizens affected by the norms. He thinks that in this way, the threshold of tolerance can be rationalized and the relationship between tolerating and tolerated will rest on the symmetrical relations of public deliberations. In this essay, and inspired by Jacques Derrida's work on the concept of hospitality, I propose a deconstructive reading of Habermas's writings on tolerance. I argue that Habermas is ultimately unable to provide a rational foundation for tolerance and that his conception of tolerance encounters the same problems he is trying to avoid, namely, the contingency of the threshold of tolerance and a paternalistic relation between tolerating and tolerated. Yet, contra Habermas, the deconstruction of toleran...
124 citations
TL;DR: In this paper, the authors argue that self-appointed representation provides democratically legitimate representation when it provides political presence for affected constituencies and is authorized by and held accountable to them, but do so without the electoral authorization and accountability usually thought to be at the heart of democratic representation.
Abstract: How should we theorize and normatively assess those individual and collective actors who claim to represent others for political purposes, but do so without the electoral authorization and accountability usually thought to be at the heart of democratic representation? In this article, I offer conceptual tools for assessing the democratic legitimacy of such “self-appointed” representatives. I argue that these kinds of political actors bring two constituencies into being: the authorizing—that group empowered by the claim to exercise authorization and demand accountability—and the affected—that group affected, or potentially affected, by collective decisions. Self-appointed representation provides democratically legitimate representation when it provides political presence for affected constituencies and is authorized by and held accountable to them. I develop the critical tools to assess the democratic credentials of self-appointed representatives by identifying nonelectoral mechanisms of authorization and ...
124 citations
TL;DR: The authors argued that these scholars ignore the extent to which Machiavelli is an anti-elitist critic of the republican tradition, which they fail to disclose was predominantly oligarchic.
Abstract: Scholars loosely affiliated with the “Cambridge School” (e.g., Pocock, Skinner, Viroli, and Pettit) accentuate rule of law, common good, class equilibrium, and non-domination in Machiavelli's political thought and republicanism generally but underestimate the Florentine's preference for class conflict and ignore his insistence on elite accountability. The author argues that they obscure the extent to which Machiavelli is an anti-elitist critic of the republican tradition, which they fail to disclose was predominantly oligarchic. The prescriptive lessons these scholars draw from republicanism for contemporary politics reinforce rather than reform the “senatorial,” electorally based, and socioeconomically agnostic republican model (devised by Machiavelli's aristocratic interlocutor, Guicciardini, and refined by Montesquieu and Madison) that permits common citizens to acclaim but not determine government policies. Cambridge School textual interpretations and practical proposals have little connection with Ma...
124 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