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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
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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Journal ArticleDOI
TL;DR: In this article, a multidimensional perspective on citizenship with a psychological understanding of lesbian and gay identities' development in the context of a Southern European country: Portugal is presented, where the legal approval of domestic same-sex partnership is emphasized as a symbolic achievement of such political struggle.
Abstract: In this paper we intend to articulate a multidimensional perspective on citizenship with a psychological understanding of lesbian and gay identities' development in the context of a Southern European country: Portugal. We begin by reviewing some legal statements and institutional regulations around gay and lesbian issues and the lack of opportunities for the affirmation of a non-hegemonic (sexual) identity in Portugal. Next, we describe participation efforts developed by the Portuguese LGBT nongovernmental organizations (NGOs) and the actual results that such efforts already produced in the political and cultural attitudes toward gay men and lesbians: particularly, the legal approval of domestic same-sex partnership is emphasized as a symbolic achievement of such political struggle. Finally, we explore the implications of communitarian participation for gay and lesbian identities' development, not just in terms of collective empowerment but also in what concerns individual development and well-being.

34 citations

Journal ArticleDOI
Hanna Mattila1
TL;DR: In this paper, the concept of public interest in planning from the point of view of Patsy Healey's collaborative planning theory was explored from the perspective of Habeabe and Healey.
Abstract: This article approaches the concept of public interest in planning from the point of view of Patsy Healey’s collaborative planning theory on one hand and, on the other, from the perspective of Habe...

34 citations

Journal ArticleDOI
TL;DR: In this article, the authors evaluate the suitability of a "civic pluralist" model of multiculturalism, in which cultural difference is expressed within the limits of a common civic culture.
Abstract: Whereas multicultural citizenship in theory has focused on minority and group-differentiated rights, multicultural citizenship in practice has been framed in terms of the universal rights and obligations of citizenship. This paper seeks to address this apparent gap. It evaluates ‘civic pluralist’ models of multiculturalism, such as those in Australia and Canada, in which cultural difference is expressed within the limits of a common civic culture. A civic pluralist model of multicultural citizenship must meet two tests; it must not only recognize cultural difference in the public sphere but must also provide a new basis for political belonging. This requires an ‘open’ political culture or ‘deliberative democracy’, in which political institutions and practices are exposed to scrutiny and re-interpretation, and a sense of belonging based less upon shared political values and more upon common membership of public debate within a political community.

34 citations

Journal ArticleDOI
TL;DR: The authors argue that crisis is a fundamentally reflexive concept that bridges our traditional distinctions between objective phenomena and normative experience, and whose very usage implies the active participation of those involved in it. But as central as crisis experiences have been for the shaping of our political imaginary, the concept itself has proven difficult to incorporate into the political theory enterprise.
Abstract: “Crisis” is a key concept in our political lexicon. Since the beginning of the modern age, it has arguably been, as much as anything, the experience of crisis that has calibrated the aims of both politics and political theory. But as central as crisis experiences have been for the shaping of our political imaginary, the concept itself has proven difficult to incorporate into the political theory enterprise. In this article, I argue that we can think politically about crisis by taking up a “pragmatist” perspective that focuses on how we deploy crisis as a conceptual tool for guiding judgments and coordinating actions. I argue that crisis is a fundamentally reflexive concept that bridges our traditional distinctions between objective phenomena and normative experience, and whose very usage implies the active participation of those involved in it. Only by examining these crucial aspects of the crisis concept can we begin to grasp its normative political content, as well as how it may be deployed in the servi...

34 citations

DissertationDOI
01 Jan 2016

34 citations