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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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Dissertation
01 Mar 2015
TL;DR: This paper examined the geographies of citizenship ceremonies and tests, exploring the implications for aiding integration and developing a sense of national and local belonging, and argued that the formulaic Life in the UK test is unlikely to foster integration.
Abstract: Political concerns over the effects of increased ethnic and religious diversity have sparked a growing interest in citizenship as a cohesive social force in society. A new civic integration agenda has emerged, with many countries legislating additional requirements for immigrant settlement. In the UK, the New Labour government introduced citizenship ceremonies and tests, which aimed to integrate migrants and encourage active participation in society. However, since their conception in 2002, there has been little research on new citizens’ experiences of these measures and the social impact of this policy. This thesis examines the geographies of citizenship ceremonies and tests, exploring the implications for aiding integration and developing a sense of national and local belonging. It draws on results from empirical research in Yorkshire and the Humber with a diverse range of new citizens, supplemented by interviews with state agents and observations of the naturalisation process. I argue that the securitisation of migration has increasingly been applied to the citizenship process, leading to remarkable similarities between the experiences of migrants from a variety of backgrounds. This is analysed through the lens of countertopography, which aims to connect places and social locations through common processes, critiquing the categorisation of migrant groups in migration studies. The ritualisation of citizenship in the ceremonies certainly appeared to create positive enduring feelings of belonging. However, I contend that the formulaic Life in the UK test is unlikely to foster integration. Whilst naturalisation measures are increasingly used as a tool to identify migrants who will assimilate, these disregard everyday acculturation. The contrast of top-down, ritualised prescriptions of citizenship, identity and belonging with lived, everyday interpretations of these concepts, improve our understanding. We can thus see more clearly how transnational citizenship regimes both condition the experiences of, and are actively constructed by, citizens.

28 citations

Journal ArticleDOI
TL;DR: In this article, a study of English local authorities showed that the diverse needs of vision-impaired people are barely recognized or given a platform to influence shared space policy, and suggested that this marginalisation of vision impaired people is part of a post-political condition, in which deliberative techniques, such as public consultation, are part of the process to manage those that dissent from the preferred policy choice.
Abstract: While the design of urban space provides an opportunity to create places sensitised to the manifold complexities of the body, places continue to be designed with little understanding of the interrelationships between design, disability and space. One issue is the absence of embodied knowledge about impairment in urban design, and the understanding of disability as an aberration, not intrinsic to the crafting of well-designed environments. With the focus on vision impairment, the paper evaluates a popular approach to improving the quality of street environments, shared space, in which pavements and roads are merged into single and shared surfaces. Data from a study of English local authorities show that the diverse needs of vision-impaired people are barely recognised or given a platform to influence shared space policy. It is suggested that this marginalisation of vision-impaired people is part of a post-political condition, in which deliberative techniques, such as public consultation, are part of a process to manage those that dissent from the preferred policy choice—i.e. shared space. An implication is the depoliticisation of shared space policy in which the unequal, and unjust, ways in which urban design impacts on vision-impaired people are neither articulated nor recognised by formal policy programmes.

28 citations

Journal ArticleDOI
TL;DR: In this article, the authors make a distinction between optimistic and critical participation literature, and argue that public participation in planning and environmental governance engender democratic legitimacy. But, they do not consider the role of local communities.
Abstract: How does public participation in planning and environmental governance engender democratic legitimacy? Drawing a distinction between the optimistic and critical participation literature, I argue th...

28 citations

Journal ArticleDOI
TL;DR: In this article, the authors synthesize competing perspectives on the responsibility of the corporation at the organisational and societal levels of analysis, and conclude that when a society has a robust division of moral labour in place, responsibility of a corporation may be economic (as suggested under the economic perspective) without jeopardising democracy and sustainability.
Abstract: This article develops an integrative perspective on corporate responsibility by synthesising competing perspectives on the responsibility of the corporation at the organisational and societal levels of analysis. We review three major corporate responsibility perspectives, which we refer to as economic, critical, and politico-ethical. We analyse the major potential uses and pitfalls of the perspectives, and integrate the debate on these two levels. Our synthesis concludes that when a society has a robust division of moral labour in place, the responsibility of a corporation may be economic (as suggested under the economic perspective) without jeopardising democracy and sustainability (as reported under the critical perspective). Moreover, the economic role of corporations neither signifies the absence of deliberative democratic mechanisms nor business practices extending beyond compliance (as called for under the politico-ethical perspective). The study underscores the value of integrating different perspectives and multiple levels of analysis to present comprehensive descriptions and prescriptions of the responsibility phenomenon.

27 citations