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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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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

References
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TL;DR: In this article, the development of deliberative and participatory processes in the UK at sub-national and local level has been surveyed and compared to other polities, and a review of the New Labour and coalition governments' attempts at constitutional reform is presented.
Abstract: Research Highlights and AbstractThis article:Provides an overview of the development of deliberative and participatory democracy in the UK.Critically analyses the success of consecutive UK national governments in fostering deliberative and participatory processes.Surveys the development of deliberative and participatory processes in the UK at sub-national and local level.Provides a starting point for comparative politics on deliberative and participatory democracy between the UK and other polities.This article responds to Michael Saward's call for a more context-specific approach to the study of democracy by exploring developments in, obstacles to, and prospects for, a more deliberative and participatory model of democracy in the UK. A review is undertaken first of the New Labour and coalition governments' attempts at constitutional reform, in order to assess the implications these efforts have had, and continue to have, for the institutionalisation of such a model of democracy. Despite proclamations of l...

36 citations

Journal ArticleDOI
TL;DR: In this article, the authors argue that there is often an adversarial element in the relation between companies and NGOs, and that an orientation towards consensus can be in tension with this adversarial relation.
Abstract: Many companies engage in dialogue with nongovernmental organizations (NGOs) about societal issues. The question is what a regulative ideal for such dialogues should be. In the literature on corporate social responsibility (CSR), the Habermasian notion of communicative action is often presented as a regulative ideal for stakeholder dialogue, implying that actors should aim at consensus and set strategic considerations aside. In this article, we argue that in many cases, communicative action is not a suitable regulative ideal for dialogue between companies and NGOs. We contend that there is often an adversarial element in the relation between companies and NGOs, and that an orientation towards consensus can be in tension with this adversarial relation. We develop an alternative approach to stakeholder dialogue called 'agonistic deliberation.' In this approach, conflict and strategic considerations play a legitimate and, up to a certain point, desirable role.

36 citations

Journal Article
TL;DR: In this article, the authors explore this critical field and extend the emerging discussion on digital return and community stewardship in the context of digital culture and explore the issues involved in the circulation of culture, often collaborating in innovative ways.
Abstract: As a topic, repatriation has ignited debates for years amongst scholars, local communities, and collecting institutions. The digital age has intensified and changed these discussions in ways that are sometimes unpredictable. One such shift is away from legal definitions and assumptions about repatriation to more inclusive notions of digital return and community stewardship. There are ever more stakeholders involved in the circulation of culture, often collaborating in innovative ways to manage, preserve, use and re-use digitally returned materials in mutually beneficial and meaningful ways. The articles in this special issue explore this critical field and extend the emerging discussion.

36 citations

Journal ArticleDOI
TL;DR: Social media platforms have been found to be the primary gateway through which individuals are exposed to fake news as mentioned in this paper, and the algorithmic filter bubbles and echo chambers that have popularized these pla...
Abstract: Social media platforms have been found to be the primary gateway through which individuals are exposed to fake news. The algorithmic filter bubbles and echo chambers that have popularized these pla...

36 citations