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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: A significant body of literature on citizenship education and youth participation has progressively replaced political participation with other categories such as citizenship participation, communi... as discussed by the authors, which is progressively replacing political participation.
Abstract: A significant body of literature on citizenship education and youth participation has progressively replaced political participation with other categories such as citizenship participation, communi...

26 citations

Journal ArticleDOI
TL;DR: In this article, the authors analyse the relationship between communication activities of public authorities and the public sphere, and argue that public relations activities of governments should be analysed as being part of the implementation of an information policy that also comprises citizen's rights of access to documents and information.
Abstract: Taking EU communications as a case study this article deals with the relationship between communication activities of public authorities and the public sphere. Traditional theories of the public sphere regard government communications as an unwelcome intervention that distorts free and open debates. This article argues that public relations activities of governments should be analysed as being part of the implementation of an information policy that also comprises citizen’s rights of access to documents and information. Whether information policy distorts or supports free deliberation is an empirical question that is answered by looking at the information policy of the European Commission since the year 2000. In response to the challenge of communicating Europe to largely disinterested audiences, the European Commission has reformed its communications in order to foster a European public sphere through enhancing the transparency of European governance and starting a dialogue with the citizens. The...

26 citations

Dissertation
01 Jan 2000
TL;DR: In this paper, the authors argue for the need to answer the question how can we use critical theory to rethink the meta-theoretical foundations of facilitated conflict resolution, drawing on Jurgen Habermas' discourse ethics-based framework and a methodology of communicative rationality to articulate the foundations of a Critical Theory of Peace Practice.
Abstract: This thesis argues for the need to answer the question how can we use critical theory to rethink the meta-theoretical foundations of facilitated conflict resolution. It draws on Jurgen Habermas' discourse ethics-based framework and a methodology of communicative rationality to articulate the foundations of a Critical Theory of Peace Practice. An illustrative example of the Oslo Channel, which led to the Declaration of Principles and Letters of Mutual Recognition between Israel and the PLO with the third- party facilitative assistance of Norwegians in 1993, sets the stage for exploring the extent to which facilitated conflict resolution approaches can contribute to peace practices. John Burton's ideas are critically and carefully examined as he has most extensively articulated the philosophical and theoretical underpinnings of such an approach. It is contended that although he identifies practices that differ from traditional mediation approaches, theoretically he remains committed to a behavioural-oriented human needs theory and is reliant on instrumental rationality in which success in the problem-solving setting is prioritised. Other scholars and practitioners who have attempted to expand and refine the Burtonian perspective are studied. It is argued that although each offers modifications to either the theory or the practice, all fail to fundamentally move beyond instrumental rationality and human needs theory. A communicative rationality methodology and a meta-theoretical foundation of Habermas' discourse ethics is proposed for grounding a theory of peace practice. By shifting the emphasis from needs to communication, this suggested framework is intended not only to impact the facilitation process, but the broader public sphere in which the legitimacy of any reached agreements must be accepted for establishing and sustaining peace. The most promising intimations of the praxeological dimensions of such an approach can be found in the realm of conflict transformation and peace-building with their associated desire to effect changes in socio-political arrangements.

26 citations

Dissertation
01 Jan 2008
TL;DR: In this paper, the authors propose a multi-stakeholder approach to the Internet Governance Forum (IGF), which is an early experiment in multistakeholder governance by network, subject to an executive body or bureau to which each stakeholder group appoints its own representatives, and which is responsible for ratifying any decisions of the larger group by consensus.
Abstract: There are many networks of transport and communication that cross national borders, but the Internet's infrastructure has been designed to do so with unusual subtlety. As a result, public policy issues raised in governance of the Internet tend to be inherently transnational in nature. This makes the legitimacy of a purely domestic legal approach to Internet governance questionable. The fact that conflicting domestic regimes may interfere with each other, and may clash with the transnational cultural and technical architecture of the Internet, further complicates an approach to governance based around legal rules. But on the other hand more traditional and decentralised mechanisms of Internet governance such as norms, markets and architecture suffer their own deficits of both legitimacy and effectiveness. Governance by multi-stakeholder network conceptually provides a solution in that it brings together each of the other mechanisms of governance and the stakeholders by whom they are commonly employed. Such a multi-stakeholder approach has begun to permeate (and in some issue areas even to supersede) the existing international system, as partially evidenced in the Internet governance regime by reforms that took root at the World Summit on the Information Society (WSIS) and have begun to find expression in its product, the Internet Governance Forum (IGF). Governance by network does not however emerge spontaneously, but requires supportive institutional structures and processes. To maximise the legitimacy and effectiveness of these, and to ensure their interoperability both with the international system and with the architecture of the Internet, requires a balance to be struck between the anarchistic and consensual organisational models typified by 'native' Internet governance institutions such as the Internet Engineering Task Force (IETF), and hierarchical and democratic models drawn from governmental and private sector examples and from the study of deliberative democracy. As an early experiment in multi-stakeholder governance by network, the Internet Governance Forum does not quite strike the correct balance: its hierarchical structure under the leadership of the United Nations is incompatible with its multi-stakeholder democratic ambitions, and more importantly it lacks the institutional capacity to fulfil its mandate to contribute to public policy development. This can largely be redressed by reforming the IGF's plenary body, and its online analogue, as venues for democratic deliberation, subject to the oversight of an executive body or bureau to which each stakeholder group appoints its own representatives, and which is responsible for ratifying any decisions of the larger group by consensus. In particular, requiring this bureau to broker consensus between stakeholder groups (as in a consociation), rather than just amongst its members at large, can assist to diminish the power games that have limited the IGF to date.

26 citations

Journal ArticleDOI
TL;DR: In this article, an assessment of the shift from government to governance from the perspective of the concept of democratic representation developed by the French political theorist Claude Lefort is presented. But it is argued that this shift does not primarily entail a change of actors, norms or decision-making processes, but that it should rather be understood more fundamentally as a symbolic mutation.
Abstract: This article develops an assessment of the shift from government to governance from the perspective of the concept of democratic representation developed by the French political theorist Claude Lefort. It is argued that this shift does not primarily entail a change of actors, norms or decision-making processes, but that it should rather be understood more fundamentally as a symbolic mutation. In governance regimes, a novel representation of power and society comes into being which transforms the basic symbolic configuration of society. Focusing especially on forms of global governance, the article investigates how this mutation provides society with a new image of itself, and how it affects the democratic nature of current society.

26 citations