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
More filters
TL;DR: Habermas and Mouffe as mentioned in this paper argue that many of the sociocultural problems of nationalism, religious resurgence, and popular protest are the product of political neglect and exclusion by regimes purporting to be democratic.
Abstract: In recent decades, one cannot have failed to notice the spread of Western liberal democracy throughout the world, whether in Eastern Europe or many parts of the Third World. (1) Yet the ascent of liberal democracy has been accompanied by "ethnic" nationalisms, religious "fundamentalisms," civil wars, and genocide. Furthermore, much as in the West, in those developing countries with already well-entrenched liberal democratic regimes, there has been growing public dissatisfaction with democratic institutions. This unease is evidenced by such phenomena as the rise of popular protest and social movements, lower voter turnout, and the inability of public institutions to meet citizens' demands and needs. Jurgen Habermas and Chantal Mouffe speak directly to this "crisis of liberal democracy." Both are democratic theorists who, while defending the gains of Western liberal democratic regimes, are critical of them, believing them to be far from sufficient or complete. It is not enough, Habermas and Mouffe contend, to have the outward trimmings and institutions of liberal democracy (elections, parliaments, rule of law, and so on); we also need to ensure the quality and inclusiveness of democratic processes in the multiple spheres of social life and within all public institutions. Many of the sociocultural problems of nationalism, religious resurgence, and popular protest noted above, they argue, are precisely the product of political neglect and exclusion by regimes purporting to be democratic. Thus, both theorists make a compelling argument for the need to deepen or extend democracy. However, Habermas and Mouffe differ on how to bring this about. Habermas's vision, which he labels "deliberative democracy," relies on reasoned and inclusive public deliberation that is geared to reaching consensual decisions. His arguments foreground concerns about legitimacy and (universal) justice, concerns that he believes are ignored by poststructuralists at their peril. Mouffe's (poststructuralist) vision of democracy is critical of Habermas's defense of rationality and universalism, believing these to be inimical to pluralist societies. Her "agonistic pluralism" accentuates ways for democratic politics to represent difference. Thus, the debate between the two theorists rests on how best to promote democratic participation and decision making without impeding sociocultural difference. To put it another way, the debate hinges on democratically representing difference without thereby sanctioning injustice and intolerance. In this article, I call attention to several significant dimensions of the debate. As already noted, while both theorists valorize, criticize, and wish to extend liberal democracy, each does so from a different ontological standpoint. (2) In this sense, each one's differences bring out the strengths and limits of the other's democratic theory. To appropriate Richard Bernstein's words from another context, in many ways, each is "each other's other"; their debate can be seen as an "allegory of the 'modern/postmodern' condition" and is a "juxtaposed rather than an integrated cluster of changing elements that resist reduction to a common denominator, essential core, or generative first principle." (3) This being the case, I do not attempt to reconcile the differences between the two theorists or integrate their democratic visions; rather, believing that (and showing) the tensions between them to be irresolvable but fruitful and educative, I treat both theorists agonally to highlight some of the limits, strains, a nd possibilities of contemporary Third World democratic politics. As compelling and relevant as Habermas's and Mouffe's democratic theories may be, surprisingly little work has been done to relate these theories to the political challenges of the Third World. A voluminous (and still growing) literature exists on Habermas's critique/vision of Western democracy, but very little exists on its application to the developing world. …
124 citations
[...]
TL;DR: The reception of John Rawls's thought by Otfried Hoffe, Jurgen Habermas and other political theorists on the German liberal left has been analyzed in this article.
Abstract: This article analyses the reception of John Rawls's thought by Otfried Hoffe, Jurgen Habermas and other political theorists on the German liberal left. It argues that, ironically, as Rawls's theory has become more historically self-conscious and sociologically oriented since A Theory of Justice, Habermas, while denying any fundamental difference between him and Rawls in this `neo-Kantian family quarrel', has moved in the opposite direction. One might even say that there has been some mid-Atlantic convergence in political theory. Nevertheless, there remain peculiarities of German political thought, in particular its more sociological bent, a (positive or negative) fixation on the state, and the persistently felt need finally to reconcile a perceived conflict between liberalism and democracy.
124 citations
Cites background from "Between Facts and Norms: Contributi..."
...Jürgen Habermas (1998) ‘Reconciliation through the Public Use of Reason’, in The Inclusion of the Other: Studies in Political Theory, Ciaran Cronin and Pablo De Greiff (eds.)...
[...]
...Jürgen Habermas (1998) Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy, tr. William Rehg, p. 56....
[...]
TL;DR: Forst's The Right to Justification as discussed by the authors is one of the most famous works of the Critical Theory of the Frankfurt School and it has been studied extensively in the last few decades.
Abstract: Rainer Forst is one of Germany’s outstanding contemporary scholars of moral, political and social thought and a prominent member of the most recent generation of the Critical Theory of the Frankfurt School. We share deep commitments to the Habermasian program of a discourse theory of ethics and are indebted to the intense, but short-lived, exchange between the Rawlsian and Habermasian paradigms of justice, democracy and human rights. The following comments on Forst’s The Right to Justification are offered in the spirit of a critical conversation against the background of deeply shared premises.1 If what follows may sound too much like a querelle de famille (a family quarrel), I plead guilty. But as we all know from experience, such quarrels can also be the most intense ones! This article will focus on three points: (1) First, I will outline Forst’s construction of “the right to justification” in the light of the principles of reciprocity and generality and will offer a critique of his understanding of these criteria; (2) second, I will examine Forst’s construction of the relationship between the moral and the ethical; and (3) finally, I will turn to Forst’s program of “political constructivism” and assess his interpretation of the relationship between human rights, justice and democracy.
123 citations
Cites background from "Between Facts and Norms: Contributi..."
...I am not sure whether Forst agrees with this, for while he writes that justification (including universal-moral justification, not just ethical, political, or juridical justification) is ignited, and proceeds from, the concrete particular other (19, 55)—so not “the human being as such”—he also says that “the context of morality [as opposed to ethical contexts in which we consider what is good for individuals or groups] ....
[...]
...That is also why it does not suffice to say that justifying reasons and norms need only be as concrete as the respective situation of justification (19), with moral situations being the most general, political and legal relations being intermediate, and intimate love relations, perhaps, the most concrete....
[...]
...require that the all affected extend to all those legally subject to them, while reasons for these norms would still extend to all human persons (19)....
[...]
...We have already explored some implications of the claim that justification responds to (albeit rationally endowed or inflected) vulnerability, and will continue to do so in light of the further claim that the rational self responds to a vulnerable other—a concrete other, as we heard, “in all particularity” (19)....
[...]
TL;DR: The case of the 2015 Volkswagen emissions scandal was used as an illustrative example of corporate business ethics as a form of organizing that acts as a subterfuge to facilitate the expansion of corporate sovereignty.
Abstract: There is an established body of politically informed scholarly work that offers a sustained critique of how corporate business ethics is a form of organizing that acts as a subterfuge to facilitate the expansion of corporate sovereignty. This paper contributes to that work by using its critique as the basis for theorizing an alternative form of ethics for corporations. Using the case of the 2015 Volkswagen emissions scandal as an illustrative example, the paper theorizes an ethics that locates corporations in the democratic sphere so as to defy their professed ability to organize ethics in a self-sufficient and autonomous manner. The Volkswagen scandal shows how established organizational practices of corporate business ethics are no barrier to, and can even serve to enable, the rampant pursuit of business self-interest through well-orchestrated and large-scale conspiracies involving lying, cheating, fraud and lawlessness. The case also shows how society, represented by individuals and institutions, is ab...
123 citations
TL;DR: The authors investigates and critiques the criteria editors at newspapers use to construct their column and identifies four rules for selection, referred to as the rules of relevance, brevity, entertainment and authority.
Abstract: Using the work of deliberative democratic theorists, this paper investigates and critiques the criteria letters editors at newspapers use to construct their column. Deliberative democratic theory values egalitarian public discussion on matters of common concern, and worries about providing the conditions for this discussion. The paper identifies four rules for selection; referred to as the rules of relevance, brevity, entertainment and authority. First, the rule of relevance refers to the demand for the content of the letter to be "relevant", or respond to issues and events already on the agenda. The rule of brevity, in turn, encapsulates the requirement to write short, punchy letters that state the reader's view in less than 300 words. Thirdly, the rule of entertainment highlights how editors prefer spectacular, punchy letters. Finally, the rule of authority captures the rejection of ungrammatical writing, and letters written in unconventional styles. The paper demonstrates that the rules of selection ar...
123 citations
References
More filters
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