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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01 Jan 2006
2,797 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
References
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TL;DR: The model of deliberative democracy, as developed by Jurgen Habermas and Seyla Benhabib, serves this concept of democracy best as discussed by the authors, in which free and open discourse within a vital public sphere plays a decisive role.
Abstract: The internet could be an efficient political instrument if it were seen as part of a democracy where free and open discourse within a vital public sphere plays a decisive role. The model of deliberative democracy, as developed by Jurgen Habermas and Seyla Benhabib, serves this concept of democracy best. The paper explores first the model of deliberative democracy as a ‘two-track model’ in which representative democracy is backed by the public sphere and a developing civil society. Secondly, it outlines the normative concept of the public sphere and its basic ideas, namely the uncoerced communication of equal participants with equal access and equal rights to intervene or propose themes. The third part for discussion shows how the internet could fit into this concept of public sphere and influence the quality of political debates, and emphasizes the important role it can play in the political process.
274 citations
Abstract: This article takes stock of the discourse on ‘political CSR’ (PCSR), reconsiders some of its assumptions, and suggests new directions for what we call ‘PCSR 2.0’. We start with a definition of PCSR, focusing on firms’ contribution to public goods. We then discuss historical antecedents to the debate and outline the original economic and political context. The following section explores emerging changes in the institutional context relevant to PCSR and reconsiders some of the assumptions underlying Habermas’ thesis of the postnational constellation. This highlights some neglected issues in previous works on PCSR, including the influence of nationalism and fundamentalism, the role of various types of business organisations, the return of government regulation, the complexity of institutional contexts, the efficiency of private governance, the financialization and digitalization of the economy, and the relevance of managerial sensemaking. Finally, we discuss the contributions to this special issue and relate them to the newly emerging research agenda.
271 citations
TL;DR: The authors examines the claims of environmental identity campaigns regarding the issue of climate change and argues that while this approach may offer short term advantages, it is most likely incapable of developing the large scale mobilization necessary to enact the massive social and economic changes necessary to address global warming.
Abstract: This essay examines the claims of environmental identity campaigns regarding the issue of climate change. Identity campaigns are based on the idea that more effective environmental messages developed through the application of cognitive science by professional communications experts can favorably influence public opinion, and thus support legislative action to remedy this issue. Based on a review of the sociological and psychological literature regarding social change and mobilization, I argue that while this approach may offer short term advantages, it is most likely incapable of developing the large scale mobilization necessary to enact the massive social and economic changes necessary to address global warming. Specifically, theoretical and empirical research on the role of the public sphere, civil society and social movements shows that democratic civic engagement is core to successful social change efforts. However, identity campaigns focus on a communications process that centers on elite led one wa...
263 citations
TL;DR: In this article, the authors move beyond the debate by hypothesizing that the group's gender composition interacts with its decision rule to exacerbate or erase the inequalities, and find a substantial gender gap in voice and authority, but as hypothesized, it disappears under unanimous rule and few women.
Abstract: Can men and women have equal levels of voice and authority in deliberation or does deliberation exacerbate gender inequality? Does increasing women's descriptive representation in deliberation increase their voice and authority? We answer these questions and move beyond the debate by hypothesizing that the group's gender composition interacts with its decision rule to exacerbate or erase the inequalities. We test this hypothesis and various alternatives, using experimental data with many groups and links between individuals’ attitudes and speech. We find a substantial gender gap in voice and authority, but as hypothesized, it disappears under unanimous rule and few women, or under majority rule and many women. Deliberative design can avoid inequality by fitting institutional procedure to the social context of the situation.
259 citations
TL;DR: The authors argue that the standard account of political representation is thus inadequate to explain political representation throughout the globe, and they offer a general theory for political representation which explains representation simply by reference to a relevant audience accepting a person as such.
Abstract: Nondemocratic “representatives” increasingly act on the global stage, as “representatives” of their dictatorships to the United Nations, or when an NGO represents prisoners of war. Standard accounts of political representation depend upon democratic institutions (like elections) and a certain kind of proper activity (like deliberation and constituent accountability) and thus cannot explain how these people are representatives at all. I argue that the standard account of political representation is thus inadequate to explain political representation throughout the globe. I offer a general theory of political representation which explains representation simply by reference to a relevant audience accepting a person as such. When audiences use democratic rules of recognition, the familiar cases arise. When audiences use nondemocratic rules of recognition, nondemocratic cases arise. The result is that political representation, per se, is not a democratic phenomenon at all. The account offers a more parsimoniou...
258 citations