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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
Saima Saeed1
TL;DR: The case of community radio struggle in India is mapped in this paper with the case in this paper, where the authors argue that the dominance of mainstream players in media governance, complicated by sustainability concerns of grassroots enterprises, result in legislation that impedes the potentiality of community media access and participation.
Abstract: Given the centrality of communication to society, who ‘owns’ the media, who gets to speak on behalf of whom, and to what end are critical issues. The regression of ‘mainstream’ media from ‘watchdogs’ of democracies to business ventures resulting in Habermasian ‘refeudalisation of the public sphere’ is worrying. Community media re-engage communities on the periphery, opening possibilities for social change. The dominance of mainstream players in media governance, complicated by sustainability concerns of grassroots enterprises, result in legislation that impedes the potentiality of community media access and participation – as mapped in this paper with the case of community radio struggle in India.

38 citations

Journal ArticleDOI
TL;DR: In this paper, two distinct articulations of Islam before and after the Iranian revolution of 1979 are examined, those of Ali Shariati and Abdolkarim Soroush.
Abstract: Theorists of secularization considered modernity an irreversible process of differentiation between mutually exclusive spheres of private vs public life. In contrast, proponents of a new paradigm argue that differentiation has strengthened religion in modern society through the establishment of religious market economies. Contrary to both views, the resurgence of religious movements in the last 20 years, particularly Islamist movements, has introduced a new form of contentious public religion that calls into question the interconnectedness of modernity with the privatization of religion. This article shows how the reintroduction of religion in the public sphere contributed to a new understanding of Islam and its relation to contemporary social life. Two distinct articulations of Islam before and after the Iranian revolution of 1979 are examined, those of Ali Shari`ati and Abdolkarim Soroush. Whereas Shari`ati transformed Islam into an ideology of social change, in his ideology critique, Soroush reinstated...

38 citations

Journal ArticleDOI
TL;DR: Feminist epistemology offers a different interpretation of "objectivity" that is more context-bound, and argued that even though every risk can be described in several different ways, and does involve value judgments and emotions, the objectivity ideal should not be abandoned.
Abstract: he subject of this thesis is ethical aspects of decision-making concerning social risks. It is argued that a model for risk management must acknowledge several ethical aspects and, most crucial among these, the individual’s right not to be unfairly exposed to risks. Article I takes as its starting point the demand frequently expressed in the risk literature for consistent risk management. It is maintained that a model focusing on cost-benefit analysis does not respect the rights of the individual. Two alternative models are outlined. They evolve around the separateness of individuals, rights, and fair risk taking. It is claimed that a model that focuses on a fair procedure for risk decisions seems most fruitful to develop. Article II discusses the NIMBY (Not In My Backyard) conflict. The ethical premises behind the negative characterization of the NIMBY concept are investigated. It is argued that a collective weighing of risks and benefits ignores individuals’ rights not to be unfairly exposed to risks in siting scenarios. Article III presents a three-party model tool for ethical risk analysis. The focus in such analysis is a discussion of three parties that are involved in risk decisions: the risk-exposed, the beneficiary, and the decision-maker. Seven crucial ethical questions are discerned by combining these parties pairwise. Article IV discusses a model for procedural justice for risk decisions. Two theories of deliberative democracy are explored. The first focuses on a hypothetical contract, the second argues for the actual inclusion of affected parties. It is maintained that hypothetical reasoning should mainly serve as a guide concerning risk issues that affect people who cannot be included in the decision-making process. Otherwise an interactive dialogical reasoning is to be preferred. Article V explores the claim that there are no real, objective risks – only subjective descriptions of them. It is argued that even though every risk can be described in different ways, involve value judgements and emotions, the ideal of objectivity should not be abandoned.

38 citations


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

  • ...John Rawls(44) and Jürgen Habermas(45) are the central advocates of deliberative theories....

    [...]

  • ...John Rawls(44) and Jürgen Habermas(45) are the central advocates of deliberative theories....

    [...]

01 Jan 2007
TL;DR: In this paper, the authors discuss the potential benefits and potential pitfalls of Deliberative democracy and the educational effects of participation in traditional political activities and workplace/industrial democracy.viii List of TABLES xiii list of FIGURES xv CHAPTER One InTRODUCTION 1 Overview of the Study 1 Roadmap for the Study 10 CHAPTER Two DELIBERATIVE DEMOCRACY: A PRIMER 15 Introduction 15 Deliberate Democracy 16 The Roots of the Democratic and Citizenship Deficits... 22 The Democratic Deficit 31 The Citizenship Deficit 37
Abstract: viii LIST OF TABLES xiii LIST OF FIGURES xv CHAPTER ONE INTRODUCTION 1 Overview of the Study 1 Roadmap for the Study 10 CHAPTER TWO DELIBERATIVE DEMOCRACY: A PRIMER 15 Introduction 15 Deliberative Democracy 16 The Resurgence of Deliberative Democracy 20 The Roots of the Democratic and Citizenship Deficits ... 22 The Democratic Deficit 31 The Citizenship Deficit 37 Deficits? What Deficits? 49 The Potential Benefits of Deliberative Democracy ....... 58 The Potential Pitfalls of Deliberative Democracy ......... 64 Processes of Deliberative Democracy 70 Conclusion 74 CHAPTER THREE IN SEARCH OF THE EFFICACY EFFECT: DELIBERATIVE DEMOCRACY AND CITIZENSHIP ..... 79 Introduction 79 The Educative Effects of Participation 80 Deliberative Democracy and Political Efficacy 93 The AmericaSpeaks 21 Century Town Meeting 99 The Town Meeting Process 100 The Town Meeting Design 104 Empirical Research 112 Participation in Traditional Political Activities 113 Participation in Workplace/Industrial Democracy ....... 124 Direct Participation 131

38 citations

Journal ArticleDOI
TL;DR: This article found that distinct characteristics of news articles, such as their news factors, account for the different participation rates in comment sections as well as the degree of engagement in the comment sections.
Abstract: Previous research suggests that distinct characteristics of news articles, such as their news factors, account for the different participation rates in comment sections as well as the degree of int

38 citations


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

  • ...Inclusive deliberation, therefore, requires the same chance for everyone to effectively participate in deliberation regardless of gender, ethnicity, or social background (Habermas, 1996)....

    [...]

  • ...Such a critical exchange and elaboration of reasons enable participants to change their opinion in the light of a better argument (Habermas, 1996)....

    [...]

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