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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: It is argued that the schism between revolution and normalization has negatively influenced subsequent empirical analyses of political conversation online (and of e-democracy studies more generally) and led researchers to interpret their empirical data in an unduly negative way.
Abstract: The suggestion that new media might revolutionize politics persists as one of the most influential and popular discourses. There has been a burgeoning scholarly response, often framed through the polarising ‘revolution’ and ‘normalization’ ‘schools’ (Davis, 2009; Margolis and Resnick, 2000). This article argues that the schism between revolution and normalization has negatively influenced subsequent empirical analyses of political conversation online (and of e-democracy studies more generally). First, it will argue that many scholars have failed to consider the nature of revolutionary change in any detail, tending to frame and interpret their research findings with the very technologically determinist accounts of revolutionary change of which they are so critical. Second, it will argue that the revolution/normalization frame has led researchers to disproportionately analyse existing political institutions and practices, often using narrow definitions of politics and normative underpinnings that simply may...

205 citations

Journal ArticleDOI
TL;DR: Parody and related forms of political humor are essential resources for sustaining democratic public culture as discussed by the authors, exposing the limits of public speech, transforming discursive demands into virtual images, setting those images before a carnivalesque audience, and celebrating social leveling while decentering all discourses within the "immense novel" of the public address system.
Abstract: Parody and related forms of political humor are essential resources for sustaining democratic public culture. They do so by exposing the limits of public speech, transforming discursive demands into virtual images, setting those images before a carnivalesque audience, and celebrating social leveling while decentering all discourses within the “immense novel” of the public address system. Parody culminates in modern laughter, which is the shock of delighted dislocation when mediation is revealed. That laughter provides a rhetorical education for engaged spectatorship.

203 citations

Journal ArticleDOI
TL;DR: In this paper, a longitudinal study of the evolution of coffee sustainability standards suggests that PCSR can be understood as a process of challenging and defending value regimes, within which viable configurations of economic models, normative-cultural values, and governance structures are aligned and stabilized.
Abstract: The global coffee sector has seen a transformation towards more ‘sustainable’ forms of production, and, simultaneously, the continued dominance of mainstream coffee firms and practices. We examine this paradox by conceptualizing the underlying process of political corporate social responsibility (PCSR) as a series of long-term, multi-dimensional interactions between civil society and corporate actors, drawing from the neo-Gramscian concepts of hegemony and passive revolution. A longitudinal study of the evolution of coffee sustainability standards suggests that PCSR can be understood as a process of challenging and defending value regimes, within which viable configurations of economic models, normative-cultural values, and governance structures are aligned and stabilized. Specifically, we show how dynamics of moves and accommodations between challengers and corporate actors shape the practice and meaning of ‘sustainable’ coffee. The results contribute to understanding the political dynamics of CSR as a dialectic process of ‘revolution/restoration’, or passive revolution, whereby value regimes assimilate and adapt to potentially disruptive challenges, transforming sustainability practices and discourse.

201 citations

01 Jan 2010
TL;DR: In this article, the authors argue that adding this analytic category facilitates assessment of these legitimizing mechanisms' interdependencies and facilitates consideration of reforms that could turn this democratic trilemma into a "virtuous circle".
Abstract: Whether their analytic frameworks focus on institutional form and practices or on its interactive construction, scholars have analyzed the EU’s democratic legitimacy mainly in terms of the trade-offs between the output effectiveness of EU’s policies outcomes for the people and the input participation by and representation of the people. Missing is theorization of the “throughput” efficiency, accountability, transparency, and openness to consultation with the people of the EU’s internal governance processes. The paper argues that adding this analytic category facilitates assessment of these legitimizing mechanisms’ interdependencies and facilitates consideration of reforms that could turn this democratic trilemma into a “virtuous circle”.

196 citations

Journal ArticleDOI
01 Jun 2008-Futures
TL;DR: In this paper, the authors investigated drivers of change in the shifting knowledge landscape, and note disparate drivers that plot different courses for transdisciplinarity, including the knowledge economy, the environmental imperative, and the engaged populace.

194 citations