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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, the theoretical foundations of the normative concept of political CSR and the strategic notion of non-market strategy are juxtaposed to show that they are in opposition conceptually regarding the role of corporations in public policy.
Abstract: In this article, we posit that corporate political activities (CPA) such as lobbying make use of corporate social responsibility (CSR) to advance instrumental goals. We juxtapose the theoretical foundations of the normative concept of political CSR and the strategic notion of nonmarket strategy to show that they are in opposition conceptually regarding the role of corporations in public policy. Using a systematic theoretical comparison along seven dimensions, we discuss the juxtapositions and identify the common ground of the two theories. Building on examples from the alcohol industry, we describe how CPA uses instrumental CSR to advance goals in public policy—we call this politicized CSR. Hence, we illustrate the shift from political to politicized CSR, a misuse of CSR for purposes of CPA, and discuss consequences for the theory and practice of public affairs and CSR.

26 citations

Dissertation
01 Mar 2017
TL;DR: In this article, the authors investigated the nature of participatory democracy offered by the UK's Conservative-Liberal Democrat Coalition Government between 2010 and 2015, and highlighted how the interpretations of core participants play a central role in determining the content and direction of Neighbourhood Development Plans (NDPs) and the dynamics of local participation.
Abstract: This thesis investigates the nature of participatory democracy offered by the UK’s Conservative-Liberal Democrat Coalition Government between 2010 and 2015. Primary and secondary data are employed to consider citizen participation in Neighbourhood Development Plans (NDPs), a community-led planning initiative introduced under the Localism Act (2011). This explores the nature of participation on offer, and how citizens are simultaneously encountering and creating new democratic spaces, navigating legislative frameworks, managing relationships with governance partners, and seeking to secure their own interests. An interpretive policy analysis methodology is employed, highlighting how the interpretations of core participants play a central role in determining the content and direction of NDPs and the dynamics of local participation. The findings highlight the instrumental approach adopted by many participants in light of their previous experiences with local government, the expectations and norms of the planning system, and on-going uncertainty concerning ‘light touch’ regulation. Participants report rudimentary processes of co-production, however the crucial supporting role of Local Authorities remains uneven and largely unaccountable. The findings pay particular attention to the ways in which the participatory space is structured both implicitly and explicitly by the discursive framing of participation, the regulations, and national policy makers, local government officers and private consultants. Overall a picture of bounded participation is presented - with contestation largely bracketed out, ignored or otherwise managed within participatory spaces. As a result, the post-2010 localist agenda can be seen to be a form of centralism wielded at the local level. Despite this, positive changes are identified at the citizen/state nexus, with some communities seeking to co-opt the process and achieve a vision for their neighbourhood beyond the scope of land use policies, whilst evidence of increased community resilience, nascent collective identities, and enthusiasm concerning local democracy are also identified. The thesis contributes to on-going debates concerning democratic innovations by building on Mouffe’s theory of agonistic pluralism and exploring the extent to which present forms of participatory democracy display signs of agonistic practice. A model of agonistic participation is set out, reorienting the macro level insights of agonistic pluralism, with the empirical data concerning citizen participation at the micro and meso levels. This incorporates practical lessons from deliberative democracy, and seeks to move beyond increasingly well rehearsed debates between the two traditions to promote a positive sum approach that allows citizens to secure their interests and combat hegemonic practices by determining the nature of their own participation.

26 citations

Dissertation
22 Apr 2015
TL;DR: Alvi et al. as mentioned in this paper examined the state as a legitimate power and the ways in which it gains and maintains legitimacy in the enactment of the tough-on-crime approach in Canada.
Abstract: The enactment of tough-on-crime legislation in Canada is questionable given the abundance of research rejecting its underlying premises and goals. While there appears to be ongoing concern in Canada about the tough-on-crime agenda, there is currently a shortfall in information addressing the processes through which Bill C-10 (Part 4) was developed and legislated by the Conservative Government. As such, there is limited data that informs Canadians about the ways in which politicians make meaningful decisions about youth crime policy and legislation. Consequently, the objective of this dissertation is to provide a better understanding of the individual (micro) and governmental (macro) processes associated with the tough-on-crime approach in Canada, with a specific focus on responses to youth crime. Using a conflict and Marxist/critical perspective (Alvi, 2012; Chambliss & Seidman, 1971; DeKeseredy, 2011; Garland, 2001; Habermas, 1973, 1985; Hall et al., 2013; Quinney, 1970), this dissertation examines the state as a legitimate power and the ways in which it gains and maintains legitimacy. Theorists suggest modern laws work as an instrument of power to reflect the dominant ideology that is reproduced within the social structural system. Thus, this dissertation specifically examines the claim that laws are shaped by a consensus of dominant interests and values that are embodied and preserved in the tough-on-crime legislation, and is ultimately supported by the public. This research investigates three central questions: First, what are the processes through which Bill C-10 (Part 4) developed and was legislated? Second, in what way(s) has tough-oncrime legislation been implemented in Canadian youth courts? Finally, how does Texas (United States) differ in their response to youth crime, relative to their model of crime control and placement on the tough-on-crime spectrum? To examine the tough-on-crime approach, interviews were conducted with twenty-two participants who were either involved in the political debates of Bill C-10 (Part 4) or had intimate knowledge of the youth justice system. The interview data were cross-referenced and compared to the applicable parliamentary records in Hansard. Second, a case law analysis was conducted to determine how the toughon-crime mandate has been implemented within Canadian youth courts (2003-2013). Finally, an analysis of case law in Texas was carried out in order to understand how more punitive jurisdictions respond to youth crime and how their legislation differs from Canada (1996-2013). The findings suggest the enactment of the tough-on-crime legislation in Canada was a result of a complex interaction between a number of agencies, institutions, and individuals after the Conservative’s won a majority government in 2011. Moreover, the findings demonstrate the values embodied within the tough-on-crime legislation reflect the dominant (conservative) ideology and served as a means of maintaining legitimacy (Habermas, 1985; Hall et al., 2013). While the Canadian case law did not indicate that youth in conflict with the law were more adversely affected by Bill C-10 (Part 4), there was no evidence to suggest that future substantive changes in practice would not occur. However, marginalized Canadian youth were noted as most likely to be subject to tough-on-crime measures (Alvi, 2012). The results from the case law analysis of Texas suggest the state focuses on diversion and rehabilitation, but to a lesser degree than Canada. This is largely due to Texas’ transfer laws or ability to impose a determinate sentence. As a result, there appears to be a disproportionate use of the tough-on-crime legislation in Texas, often affecting minority youth. These findings are not only illustrative of a more punitive model of crime control relative to Canada, but point to the potential dangers of enacting tough-on-crime policies.

26 citations

Journal ArticleDOI
TL;DR: In this paper, the effectiveness of online and offline modes of participation was evaluated by tracking individual citizens' opinions proposed through the participatory budgeting system of the Bukgu (Northern) District Office in Gwangju Metropolitan City in Korea.
Abstract: :Few studies have empirically examined the effectiveness of online and offline systems in involving citizens in policymaking. The present study asks whether the online and offline modes of participation vary in their impacts on policy decision-making. To answer this question, we analyze and assess the effectiveness of the two types of participation channels by tracking individual citizens’ opinions proposed through the participatory budgeting system of the Bukgu (Northern) District Office in Gwangju Metropolitan City in Korea. The results show that offline participation channels are more effective than online channels because of their high levels of representativeness and deliberativeness. There is also variation between offline channels. When citizens engage in deliberative participation processes, their opinions are more likely to be reflected in budget or policy decision-making. In this sense, our study represents an initial step toward revealing the workings behind residents’ participation and...

26 citations

Journal ArticleDOI
TL;DR: In this paper, the authors explore how neo-liberal and post-neoliberal policies threaten the humanities in post-secondary education as a potential site of democratic dialogue and social transformation, and propose encouraging university faculty to assume a far more active political role in educating the general public on the relationship between the humanities and democratic societies.
Abstract: In this article we explore how neo-liberal and post neo-liberal policies threaten the humanities in post-secondary education as a potential site of democratic dialogue and social transformation. We distinguish between neo-liberalism and post neo-liberalism on the basis of the latter’s increased police suppression of democratic dissent. We are especially concerned with the impact of the repressive state apparatus on the critical public spaces traditionally provided by a humanities education. In response to this threat, we propose encouraging university faculty to assume a far more active political role in educating the general public on the relationship between the humanities and democratic societies.

26 citations