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Journal Article

Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy

01 Feb 1997-Review of Metaphysics-Vol. 51, Iss: 1, pp 153-155
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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Journal ArticleDOI
Mel Gray1
TL;DR: The authors locates the social work literature on spirituality within the broad theoretical and epistemological perspectives of late modernity, focusing particularly on the rise of individualism and its culmination in the theory of reflexive modernization, and makes an appeal for an "ecospiritual social work" to take social work away from individualism back to its communitarian roots.
Abstract: Summary This paper locates the social work literature on spirituality within the broad theoretical and epistemological perspectives of late modernity. It focuses particularly on the rise of individualism and its culmination in the theory of reflexive modernization—life politics and subpolitics—and makes an appeal for an ‘ecospiritual social work’—one which would take social work away from individualism back to its communitarian roots. The rise of spirituality in social work is linked to individualism. Both result from the depersonalizing and alienating effects of modernity: the detraditionalization and secularization of society; the rise of science, rationality, the professions, and industrial and technological progress; and the decline in religion. Social work mirrors this process in that it has worked vigorously to shake off its religious, moralistic beginnings, and to embrace the secular trappings of professionalism in the process increasingly embracing highly individualistic values and scientific explanations of reality. The literature on spirituality in social work, in which the influence of New Age spirituality is strongly evident, tries to re-instantiate our search for quality and meaning. However, social work has yet to examine broader sociological theory and the way in which it can deepen our understanding of the rise of spirituality in social work.

82 citations


Cites background from "Between Facts and Norms: Contributi..."

  • ...This is the process by which certain institutions become removed from effective roles in the public sphere on a local and national scale thus undermining community and weakening norms governing social interaction (Habermas, 1996)....

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  • ...Habermas (1996) and Beck (1998) advocate cosmopolitan republicanism or a strengthening of civil society and local politics....

    [...]

01 Apr 2008
TL;DR: The paradox of our times can be stated simply: the collective issues we must grapple with are of growing extensity and intensity and yet, the means for addressing these are weak and incomplete as mentioned in this paper.
Abstract: The paradox of our times can be stated simply: the collective issues we must grapple with are of growing extensity and intensity and, yet, the means for addressing these are weak and incomplete. Th...

81 citations

Journal ArticleDOI
TL;DR: In this paper, the authors present a methodological approach to detect, describe, and assess political talk in non-political discussion forums, while taking into account its informal nature and the public sphere.
Abstract: Talking politics online is not exclusively reserved for politically-orientated discussion forums, particularly the everyday political talk crucial to the public sphere. People talk politics just about anywhere online from reality TV discussion forums to numerous other forum genres. Thus, the need to tap into those discussions is important if our aim is to provide a more comprehensive overview of the online discursive landscape. However, widening our scope of analysis presents us with a new set of diffi culties, namely, how do we identify political talk within the vast pool of threads and postings, and how do we assess such talk in light of the public sphere, while at the same time, taking into account its informal nature. The aim of this article is to tackle these questions by presenting a methodological approach, which attempts to detect, describe, and assess political talk in non-political discussion forums.

81 citations

Journal ArticleDOI
TL;DR: Fisher, J., Van Heerde, J. and Tucker, A. as discussed by the authors, Do One Trust Judgement Fit All? Linking Theory and Empirics.
Abstract: Copyright @ 2010 The Authors. This is the accepted version of the following article: Fisher, J., Van Heerde, J. and Tucker, A. (2010), Does One Trust Judgement Fit All? Linking Theory and Empirics. The British Journal of Politics & International Relations, 12: 161–188, which has been published in final form at http://onlinelibrary.wiley.com/doi/10.1111/j.1467-856X.2009.00401.x/abstract.

81 citations


Cites background from "Between Facts and Norms: Contributi..."

  • ...These structures should be aimed at full, equal, informed, and un-coerced participation in the rule- and regulation-making process by individuals who are guaranteed the freedoms and opportunities necessary to achieve this end (Habermas 1996, 305–307)....

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  • ...What gives legitimacy to the eventual outcomes of this deliberative process (i.e. public policy proposals) is that ‘the only regulations and ways of acting that can claim legitimacy are those to which all who are possibly affected could assent in rational discourse’ (Habermas, 1996, 458)....

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Journal ArticleDOI
TL;DR: In this article, the role of law and social policy over time from an interdisciplinary perspective is examined to account for both change and continuity in childhood as a structural space and, in turn, to see this as being the source of the diversities and commonalties that pattern children's everyday lives.
Abstract: The socially constructed character of childhood is, by now, recognized as an important factor in shaping children's everyday experiences. It is no longer possible to see childhood simply as a common and universal biological phase in the life course. However, at the same time, it is being increasingly recognized that although acknowledgment of the social and cultural diversity of children's lives is important, there remain many things that children do share as occupants of the conceptual space of childhood. Although contemporary sociological theorizing about childhood has highlighted this tension, it has, as yet, offered few solutions. In this article, it is proposed that by examining the role of law and social policy over time from an interdisciplinary perspective, it is possible to account for both change and continuity in childhood as a structural space and, in turn, to see this as being the source of the diversities and commonalties that pattern children's everyday lives.

81 citations


Cites background from "Between Facts and Norms: Contributi..."

  • ...…and mitigates conflicts and facilitates social interaction by regulating the relationships between the differentiated parts of social systems (Roach Anleu 2000, 41), a perspective developed in somewhat different contexts by social theorists such as Parsons (1962, 1978) and Habermas (1996)....

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References
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Journal ArticleDOI
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

Journal ArticleDOI
Archon Fung1
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

Journal ArticleDOI
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