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: In this paper, the authors examine how the broader formal and relatively fixed framework of regulatory-based decision-making fails to support participative engagement in highly-regulatory planning systems.
Abstract: Planning practice requires ongoing interaction between regulatory “facts” and deliberative “norms”. Played out in local and strategic developments, “norms” are the agreed values and positions developed by advancing deliberative engagement of residents; while “facts” are the more rigid statutory procedures through which planning decisions are typically made. However, conflict arises between residents' groups and local government decision-makers when deliberative norms, now a key tenet of strategic planning processes, struggle to gain traction in the factual spaces provided by statutory planning regulations. A contentious planning process in St Kilda, Melbourne, Australia (concerning the redevelopment of a car park into a commercial and public space) highlights the challenges to deliberative engagement in highly-regulatory planning systems. Drawing on this contested case, this paper examines how the broader formal and relatively fixed framework of regulatory-based decision-making fails to support participat...
33 citations
TL;DR: In this article, the authors analyze some of the police control mechanisms present in Rio de Janeiro, including legislation, standards of conduct, policing strategies, mechanisms of internal and external control, and the judiciary, and show that the efficacy of these control mechanisms is tied to the pattern of relationship that exists between the state and police.
Abstract: Police brutality is part of Latin American social history, not merely a consequence of the “authoritarian legacy” of military regimes. Violent police practices persist because of the weakness of institutional mechanisms for controlling police activity. This can be seen by analyzing some of the police control mechanisms present in Rio de Janeiro, including legislation, standards of conduct, policing strategies, mechanisms of internal and external control, and the judiciary. The efficacy of these control mechanisms is tied to the pattern of relationship that exists between the state (and police) and society. The introduction of new control mechanisms or the improvement of existing ones would mean a recalibration of this relationship.
33 citations
Posted Content•
TL;DR: The literature teems with definitions of the rule of law, emphasizing attributes such as formal legality, democracy, checks and balances, individual rights, and order as discussed by the authors, and these definitions can be ordered in a unified typology which distinguishes between "thinner" and "thicker" conceptions of the law.
Abstract: The literature teems with definitions of the rule of law, emphasizing attributes such as formal legality, democracy, checks and balances, individual rights, and order In this paper, we order these definitions in a unified typology which distinguishes between ‘thinner’ and ‘thicker’ conceptions of the rule of law We first do this conceptually, in turn advocating an analytical distinction between the shape (aka core), sanctions (aka control), source (aka consent), and substance (aka content) of the rules Subsequently, we test whether these distinctions can be transformed into a one-dimensional hierarchy The empirical analyses do not corroborate the existence of the conceptual hierarchy However, in light of recent writings on political regime change, the empirical hierarchy which emerges makes theoretical sense The consequent overview allows scholars to select more consciously between definitions of the rule of law Moreover, if robust the empirical hierarchy can guide research into the correlates of the rule of law but also calls for further research into the causes and consequences of – and internal relationship between – distinct rule of law-attributes
33 citations
TL;DR: This paper found that exposure to the minipublic's findings improved the accuracy of voters' empirical beliefs regarding a ballot proposition on the regulation of genetically modified seeds, which transcended voters' partisan identities and prior environmental attitudes.
Abstract: A large body of work shows that reasoning motivated by partisan cues and prior attitudes leads to unreflective decisions and disparities in empirical beliefs across groups. Surprisingly little research, however, has tested the limits of motivated reasoning. We argue that the publicly circulated findings of deliberative minipublics can spark a more reflective motivation in voters when these bodies provide policy-relevant factual information. To test that proposition, we conducted a survey experiment using information generated by one such minipublic during an election. Results showed that exposure to the minipublic’s findings improved the accuracy of voters’ empirical beliefs regarding a ballot proposition on the regulation of genetically modified seeds. This treatment effect transcended voters’ partisan identities and prior environmental attitudes. In some instances, the respondents showing the greatest knowledge gains were those who a directional motivated-reasoning account would have expected to resist the treatment most effectively, owing to party identity or prior attitudes.
33 citations
TL;DR: The main thrust of a discursive account of legitimacy is the attempt to show how the demands of maximal democratic inclusion might be reconciled with a politics of reasoned agreements as discussed by the authors, and a critical assessment of Jurgen Habermas's discourse theory of democracy.
Abstract: This article offers a critical assessment of Jurgen Habermas's discourse theory of democracy. It suggests that the main thrust of a discursive account of legitimacy is the attempt to show how the demands of maximal democratic inclusion might be reconciled with a politics of reasoned agreements. While this aim is endorsed, the thrust of the argument is that a critical theory of democracy requires that normative frameworks that bring certain substantive features of democratic life into focus should supplement Habermas's procedural approach. First, the account of maximal inclusion has to be developed in a way that clarifies the egalitarian demands of distributive justice. Secondly, the account of a politics of reasoned agreements has to be connected to a theoretical analysis of the bonds of solidarity that could underpin such a form of political engagement. These developments contribute to a critical theory that gives a more adequate account of the motivational basis of discursive democracy.
33 citations