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: In this article, the authors investigate the effect of moderators' opinions on the preferences of participants in a deliberative decision-making process and find that moderators can significantly influence the attitudes and behaviors of participants by expressing views in a constrained manner.
Abstract: Ideal deliberative democracy seeks to employ unbiased moderators. Yet, a large literature in the field of mediation suggests the elusiveness of perfect neutrality. Our study thus addresses the following question: when moderators of deliberations express their own views – even in a limited manner – can they change the preferences of participants? Using a novel experimental design in a real deliberative decision-making process, we find that moderators can significantly influence the attitudes and behaviors of participants by expressing views in a constrained manner. The results of our study have implications for refining epistemic conceptions of deliberative democracy and for designing more precise empirical investigations of the effects of deliberative processes on attitudes and behavior. The results also warn of a simple mechanism by which interest groups might hijack the deliberative decision-making processes used in community driven development projects all over the world.
40 citations
Cites background from "Between Facts and Norms: Contributi..."
...…(1995, 2009), Fung and Wright (2003), Fung (2007), Gastil (1993, 2000), Gaventa (2006), Goodin (2005, 2008), Gutmann and Thompson (1996, 2004), Habermas (1984, 1987, 1996), Mansbridge (1980, 1999), Mansbridge et al. (2013), Nino (1996), Pateman (1970), Shapiro (2003), Warren (1992), Warren…...
[...]
...21 Sears (1986), Krosnick and Alwin (1989), and Alwin, Cohen, and Newcomb (1991) have found a relationship; Tyler and Schuller (1991) and Visser and Krosnick (1998) have not....
[...]
TL;DR: In this article, the authors consider the democratic challenges and potential of localism by drawing on insights from the theory and practice of deliberative democracy and argue that, for localism to realise its democratic potential, new participatory spaces are required and the design of these spaces matters.
Abstract: This article considers the democratic challenges and potential of localism by drawing on insights from the theory and practice of deliberative democracy. On a conceptual level, the ideas embedded in localism and deliberative democracy share much in common, particularly the democratic goal of engaging citizens in decisions that affect them. Despite such commonalities, however, there has been limited conversation between relevant literatures. The article considers four democratic challenges facing localism and offers a response from a systems perspective of deliberative democracy. It argues that, for localism to realise its democratic potential, new participatory spaces are required and the design of these spaces matters. Beyond structured participatory forums, local democracy also needs an active and vibrant public sphere that promotes multiple forms of democratic expression. This requires taking seriously the democratic contributions of local associations and social movements. Finally, the article argues ...
40 citations
Cites background from "Between Facts and Norms: Contributi..."
...For many democratic theorists, civil society associations are not only an essential part of developing skills in civic life (Putnam 1993), but they also serve an important role in opinion formation and communication (Habermas 1996; Dryzek 2000)....
[...]
...In broad terms, it is a normative theory of democratic legitimacy (Habermas 1996), based on the idea that those affected by a collective decision have the right, capacity and opportunity to participate and deliberate in the making of those decisions (Cohen 1989)....
[...]
...developing skills in civic life (Putnam 1993), but they also serve an important role in opinion formation and communication (Habermas 1996; Dryzek 2000)....
[...]
01 Jan 2016
TL;DR: This article explored legislators' perceptions of unaccompanied children in the development of migration law, and how case-officers transformed the policy in arguments for and against the policy, and explored the role of children in migration law.
Abstract: The overall aim of the thesis is to explore legislators’ perceptions of unaccompanied children in the development of migration law, and how case-officers transform the policy in arguments for and a ...
40 citations
Cites background or methods from "Between Facts and Norms: Contributi..."
...It therefore fills a gap in the Swedish literature that is important because the examination of one refugee label can say something about the larger system in place (Habermas, 1996; Zetter, 2007)....
[...]
...If it fails to achieve le- 29 gitimation from the life world, the conflicts that arise may hinder rational solutions or move the political development into a more controlling and authoritarian direction (Habermas, 1996)....
[...]
...The field journal was stored in the burglar- and fire proof safe at the Department of Child and Youth Studies together with the other data (See below under Ethical considerations in this chapter)....
[...]
TL;DR: In this paper, the authors discuss the question of allegiance in complex multinational and poly-ethnic entities, with a specific focus on the EU and Canada, with such traits also being reflected in their official doctrines.
Abstract: The purpose of this chapter is to discuss the question of allegiance in complex multinational and poly-ethnic entities, with a specific focus on the EU and Canada. Both are claimed to be multinational and poly-ethnic, with such traits also being reflected in their official doctrines. Diversity awareness is thus an explicit concern that has to figure in their policies on allegiance formation.
39 citations
Cites background from "Between Facts and Norms: Contributi..."
...The law is a central means of social integration (Habermas, 1996)....
[...]
...These tensions are readily available in the rapidly growing body of literature on constitutional patriotism (Habermas, 1994; 1996; Bohman, 2005; Booth, 1999; Calhoun, 1992, 2002; Canovan, 2000; Cronin, 2003; Fossum, 2003; Ingram, 1996; Kumm, 2005; Lacroix, 2002; Markell, 2000; Michelman, 1999), a…...
[...]
...…refers to a mode of attachment wherein citizens are bound together by subscription to democratic values and human rights, rather than through the traditional pre-political ties that nation states have appealed to (Habermas, 1994, 1996, 1998; Ingram, 1996; Eriksen and Fossum, 2000; Fossum, 2003)....
[...]
...Citizens are bound to each other not by traditional pre-political ties that nation states have appealed to but by subscription to democratic values and human rights (Habermas, 1996: 465f; Habermas, 1998; Ingram, 1996)....
[...]
...Individual rights are based on a notion of reciprocal recognition that ensures personal autonomy, which is intrinsic to the medium of law (Habermas, 1996: 88)....
[...]
TL;DR: The authors make a case for co-designing a contemporary citizenship curriculum with young people to be used for the professional development of policy-makers, arguing that teachers, curriculum experts and policy makers already know what kinds of knowledge and skills students need to become good citizens.
Abstract: Contemporary discussion of the ‘crisis in democracy’ displays a tendency to see young people as the problem because they are ‘apolitical’, ‘apathetic’ and ‘disengaged’, or point to deficiencies in institutions deemed responsible for civic education. This discussion normally comes as a prelude to calls for more civics education. This article points to a renewal of politics at the hands of young people relying on new media, and draws on evidence like survey research, case studies and action research projects. This political renewal is occurring largely in response to the assumption of political elites that a ‘politics-as-usual’ will suffice to address the major political challenges of our time. Against the assumption that teachers, curriculum experts and policy-makers already know what kinds of knowledge and skills students need to become good citizens, we make a case for co-designing a contemporary citizenship curriculum with young people to be used for the professional development of policy-makers. We arg...
39 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