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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.
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Book
01 Jan 2011
TL;DR: Isakhan and Stockwell as mentioned in this paper compare the Ancient Middle East and Classical Athens and conclude that "Democracy in the 'DARK AGES' behind a Veil: Islam's Democratic History M.Abdalla & H.Keane Conclusion: Democratizing the history of democracy B. Isakhan & S.Stockwell
Abstract: Introduction: Democracy and History PART I: PRE-ATHENIAN DEMOCRACY What is so 'Primitive' about 'Primitive Democracy'? Comparing the Ancient Middle East and Classical Athens B.Isakhan Before Athens: Early Popular Government in Phoenicia and Greek City States S.Stockwell Republics and Quasi-Democratic Institutions in Ancient India S .Muhlberger Digging for Democracy in China P.Keating PART II: DEMOCRACY IN THE 'DARK AGES' Behind a Veil: Islam's Democratic History M.Abdalla & H.Rane Ideals and Aspirations: Democracy and Law-Making in Medieval Iceland P.P.Boulhosa Democratic Culture in the Early Venetian Republic S.Stockwell PARR III: INDIGENOUS DEMOCRACY AND COLONIALISM Africa's Indigenous Democracies: The Baganda of Uganda I.Kizza The Hunters who Owned Themselves P.Paine Aboriginal Australia and Democracy: Old Traditions, New Challenges L.Behrendt The Pre-History of the Post-Apartheid Settlement: Non-Racial Democracy in South Africa's Cape Colony, 1853-1936 P.Fry PART IV: ALTERNATIVE CURRENTS IN MODERN DEMOCRACY Birthing Democracy: The Role of Women in the Democratic Discourse of the Middle East K.L.Gandolfo The Streets of Iraq: Protests and Democracy after Saddam B. Isakhan Monitory Democracy? The Secret History of Democracy Since 1945 J.Keane Conclusion: Democratizing the History of Democracy B.Isakhan & S.Stockwell

54 citations


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

  • ...Law-making and the participation of society in the legislative process are important aspects in our contemporary discussions of democracy (Habermas, 1996)....

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Dissertation
19 Apr 2016
TL;DR: In this article, the authors present a Table of Table of Dedication, Dedication and Acknowledgments of the authors of this article: http://www.goprocess.org/
Abstract: .................................................................................................................................................................................. ii Dedication .................................................................................................................................................................................. iii Acknowledgments .................................................................................................................................................................. iv Table of

54 citations

Journal ArticleDOI
TL;DR: It is suggested that moral values at stake in biodiversity conservation are plastic and that a plurality of individual normative positions can coexist and evolve and should be explored through an experimental process as additional parameters to be incorporated in the traditional adaptive-management approach.
Abstract: : The conservation of biodiversity poses an exceptionally difficult problem in that it needs to be effective in a context of double uncertainty: scientific (i.e., how to conserve biodiversity) and normative (i.e., which biodiversity to conserve and why). Although adaptive management offers a promising approach to overcome scientific uncertainty, normative uncertainty is seldom tackled by conservation science. We expanded on the approach proposed by adaptive-management theorists by devising an integrative and iterative approach to conservation that encompasses both types of uncertainty. Inspired by environmental pragmatism, we suggest that moral values at stake in biodiversity conservation are plastic and that a plurality of individual normative positions can coexist and evolve. Moral values should thus be explored through an experimental process as additional parameters to be incorporated in the traditional adaptive-management approach. As such, moral values should also be monitored by environmental ethicists working side by side with scientists and managers on conservation projects. Acknowledging the diversity of moral values and integrating them in a process of collective deliberation will help overcome the normative uncertainty. We used Dewey's distinction between adaptation and adjustment to offer a new paradigm built around what we call adjustive management, which reflects both the uncertainty and the likely evolution of the moral values humans attribute to biodiversity. We illustrate how this paradigm relates to practical conservation decisions by exploring the case of the Sacred Ibis (Threskiornis aethiopicus), an alien species in France that is the target of an eradication plan undertaken with little regard for moral issues. We propose that a more satisfying result of efforts to control Sacred Ibis could have been reached by rerouting the traditional feedback loop of adaptive management to include a normative inquiry. This adjustive management approach now needs to be tested in real-case conservation programs.

53 citations


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

  • ...…discussion, and consensus building, for example role-playing games (Mathevet et al. 2007), citizen panels (Crosby et al. 1986), dynamic modeling (Costanza & Ruth 1998) and, more theoretically, the many works on deliberative democracy (Cohen 1989; Habermas 1996; Bohman 1998; Dryzek & Niemeyer 2006)....

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Book ChapterDOI
01 May 2013
TL;DR: The Franco-German tradition of republicanism, developed from the time of Rousseau and Kant, was studied in the early nineteenth century as mentioned in this paper, and it is important not to confuse this with the older way of thinking on which neo-republicans focus.
Abstract: Recent exercises in the renewal of republican theory have focused on the Italian–Atlantic tradition of republicanism and on its demise with the rise of classical liberalism in the early nineteenth century. The focus on this tradition has been theoretically fruitful in generating a novel way of thinking about freedom and government in the contemporary world. But there is a distinct Franco–German tradition of republicanism, developed from the time of Rousseau and Kant, and it is important not to confuse this with the older way of thinking on which neo-republicans focus. My aim here is to reduce the risk of confusion by laying out the key differences between the two traditions and putting them in historical context. Inevitably I have to stylize the traditions I discuss but I hope that I do no serious injustice to the figures I address. While Rousseau and Kant remained faithful to some core ideas in the Italian-Atlantic tradition of thinking – in particular, as we shall see, to the idea of freedom as nondomination – the way of thinking about citizens and the state that they ushered in was as inimical to the tradition as classical liberalism. Indeed, as liberalism came to displace traditional republican doctrine as the main ideology of the English-speaking world, the name “republicanism” came to designate the new Franco–German doctrine. It is primarily with this doctrine, rather than the Italian-Atlantic tradition, that critics of liberalism like Hannah Arendt (1958; 1973) and Michael Sandel (1996) identify, for example.

53 citations


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

  • ...…Michael Sandel (1996) identify, for example.2 And it is this version of republicanism that is rejected, along with liberalism, in the work of Jürgen Habermas (1994; 1995).3 Moreover, it is this doctrine that self-described liberals often focus on – certainly it is part of what they focus on – in…...

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  • ...For arguments to the effect that, under plausible empirical assumptions, negative liberty of this kind may make further constitutional demands, see Habermas 1995; Holmes1995....

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  • ...It is primarily with this doctrine, rather than the Italian–Atlantic tradition, that critics of liberalism like Hannah Arendt (1958; 1973) and Michael Sandel (1996) identify, for example.2 And it is this version of republicanism that is rejected, along with liberalism, in the work of Jürgen Habermas (1994; 1995).3 Moreover, it is this doctrine that self-described liberals often focus on – certainly it is part of what they focus on – in arguing for the merits of their own approach (Brennan and Lomasky 2006)....

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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