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.
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TL;DR: Based on a communicative perspective, the authors examines the theoretical possibility of a twofold change in European security (in the referent object of security and in the understanding and practice of the best means of achieving security).
Abstract: Based on a communicative perspective, this article examines the theoretical possibility of a two-fold change in European security (in the referent object of security and in the understanding and practice of the best means of achieving security). The approach suggested should be considered supplementary to the rational choice perspective, and at the same time a contribution to a strengthening of the existing ‘widening’ literature on security. It is argued that the concepts of communicative rationality and deliberation can contribute to this in two ways: first, by establishing alternative and more precise micro-foundations to those provided in the rational choice perspective; second, by providing a critical standard that allows us to escape the normative ambiguity in security studies.
39 citations
TL;DR: The authors argue that the anti-impunity norm itself is based on a narrowly retributivist conception of criminal justice, and that a broader norm for democratic accountability would continue to prefer prosecutions over amnesties in international law, less for the opportunity for deserved retribution for perpetrators than for the public enactment of the deliberative procedures associated with the rule of law.
Abstract: An emerging consensus regards domestic amnesties for international crimes as generally inconsistent with international law. This legal consensus rests on a norm against impunity: the chief role of international criminal law, and of the fledgling International Criminal Court (ICC), is to end impunity for violators of the worst of criminal acts. But the anti-impunity norm, and the anti-amnesty consensus that has arisen from it, now face serious difficulties. The ICC's role in the ongoing conflict in Northern Uganda illustrates the deadlock that has now emerged between countries wishing to retain the power to use domestic politics and criminal law as tools for negotiation with current or outgoing perpetrators, on the one side, and the ICC's determination to apply a consistent international anti-impunity norm, on the other. The paper argues that the anti-impunity norm itself is based on a narrowly retributivist conception of criminal justice. A broader norm for democratic accountability, by contrast, would continue to prefer prosecutions over amnesties in international law, less for the opportunity for deserved retribution for perpetrators than for the public enactment of the deliberative procedures associated with the rule of law. Keywords: amnesty; impunity; international law; international criminal court Citation: Ethics & Global Politics 2008. DOI: 10.3402/egp.v1i1.1816
39 citations
TL;DR: In this paper, the authors reflect on this complex and novel political repertoire from a theoretical framework of civil society, complemented with the differentiation of (horizontal versus vertical) political logics used in social movement studies.
Abstract: Citizen participation in Spain has significantly increased, and its repertoire has broadened as a result of the 15M Movement. From assemblies and acampadas (occupations) to the current proliferation of new political parties, there has been constant movement through a wide range of techno-political actions and experimentation with means and political tools used by civil society and activists. This article aims to reflect on this complex and novel political repertoire from a theoretical framework of civil society. This framework is complemented with the differentiation of (horizontal versus vertical) political logics used in social movement studies.
38 citations
Cites background from "Between Facts and Norms: Contributi..."
...Cohen, Arato, and Habermas all indicate that such actions are a last resort, which is to be applied when all other means have been exhausted, in situations of crisis, and when there is no choice but to opt for conflict (Cohen & Arato, 2000; Habermas, 1996)....
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...…‘acts of non-violent, symbolic rule violation’ (Habermas, 1996, p. 383), which can be used only exceptionally when actors ‘protest against binding decisions, their legality notwithstanding, the actors consider illegitimate in the light of valid constitutional principles’ (Habermas, 1996, p. 384)....
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...In parallel, the self-limiting nature of its work is defended because, according to Habermas, ‘directly, it can only transform itself, and indirectly, it can work on self-transforming the political system that is structured in “rule of law” terms’ (Habermas, 1996, p. 490)....
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...Along these lines, Habermas, for example, notes that ‘the last means for obtaining more of a hearing and greater media influence for oppositional arguments are acts of civil disobedience’ (Habermas, 1996, p. 383)....
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...Such political action is defined as ‘acts of non-violent, symbolic rule violation’ (Habermas, 1996, p. 383), which can be used only exceptionally when actors ‘protest against binding decisions, their legality notwithstanding, the actors consider illegitimate in the light of valid constitutional…...
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TL;DR: In this paper, the authors developed a low-order stock-and-flow model to consider the impacts of the power of governance regimes on biodiversity loss in the tropics and found that while land-sharing may provide better short-term results for biodiversity, land sharing may outperform it over time.
Abstract: Achieving sustainable landscapes that integrate food production with biodiversity conservation remains challenging, particularly in the tropics where most forest clearance results from conversion to industrial agriculture. Land-sparing (delineating protected areas and intensifying agricultural production from developed land) has often been identified as more effective than land-sharing (mixing protection and production in an agro-ecological matrix) for biodiversity in the tropics. Nevertheless, biodiversity decline continues despite protected area expansion meeting global targets under international conventions. We developed a low-order stock-and-flow model to consider this apparent paradox, and used it to structure deliberations on the impacts of the power of governance regimes. The model articulates our shared hypothesis about the basic dynamics of the social–ecological system. We present scenarios that depict plausible biodiversity change over time under three different governance regimes and land-use trajectories. The scenarios raise the possibility that, while land-sparing gives better short-term results for biodiversity, land-sharing may outperform it over time. Two key insights derive from our deliberations. First, the forces that drive forest clearance for development do not necessarily oppose those that drive forest protection; this decoupling helps explain why biodiversity loss continues as protected areas increase. Second, the power of the governance regimes that protect existing forest can be weakened by protected area expansion, through lowering public discourse about risks from biodiversity loss, while the power of governance regimes for development concurrently remain strong; this helps explains why some REDD+ schemes are associated with increasing deforestation. These insights suggest novel leverage points for sustainable tropical landscapes, such as prioritising protected area placement by proximity to active agricultural frontiers, rather than by representative biodiversity or cost-effectiveness; or using area-based conservation targets that include both the extent of protected areas and of other remaining forest habitat. We recommend further investigation of these ideas, and of collaborative conceptual modelling approaches, to explore solutions for sustainable tropical landscapes.
38 citations
Cites background from "Between Facts and Norms: Contributi..."
...The connection between knowledge, power and social learning through public discourse is recognised as a potent channel for structuring social-system change and driving contemporary governance transitions (Foucault 1972; Habermas 1996; Clement 2010; Hill et al. 2013)....
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...low-yield agricultural forest livelihoods (Habermas 1996; den Besten et al. 2014); and the impact of the extinction debt on biodiversity conservation outcomes (Tilman et al....
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...…power of governance regimes that develop, protect, and restore land, and that maintain current uses, e.g. low-yield agricultural forest livelihoods (Habermas 1996; den Besten et al. 2014); and the impact of the extinction debt on biodiversity conservation outcomes (Tilman et al. 1994; Jackson and…...
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TL;DR: In this paper, the concept of critique in Habermasian thought is examined and a detailed analysis of the multifaceted concerns with the nature and function of critique is presented.
Abstract: The main purpose of this paper is to examine the concept of critique in Habermasian thought. Given that the concept of critique is a central theoretical category in the work of the Frankfurt School, it comes as a surprise that little in the way of a systematic account which sheds light on the multifaceted meanings of the concept of critique in Habermas's oeuvre can be found in the literature. This paper aims to fill this gap by exploring the various meanings that Habermas attributes to the concept of critique in 10 key thematic areas of his writings: (1) the public sphere, (2) knowledge, (3) language, (4) morality, (5) ethics, (6) evolution, (7) legitimation, (8) democracy, (9) religion, and (10) modernity. On the basis of a detailed analysis of Habermas's multifaceted concerns with the nature and function of critique, the study seeks to demonstrate that the concept of critique can be considered not only as a constitutive element but also as a normative cornerstone of Habermasian thought. The paper draws ...
38 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