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Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy

Brendan Sweetman
- 01 Feb 1997 - 
- Vol. 51, Iss: 1, pp 153-155
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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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Varieties of Participation in Complex Governance

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.

Deliberative democracy or agonistic pluralism

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.
Journal ArticleDOI

The New Public Sphere: Global Civil Society, Communication Networks, and Global Governance

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.
Book

Tweets and the Streets: Social Media and Contemporary Activism

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.
References
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Journal ArticleDOI

The cultural politics of justice: Bakhtin, stand-up comedy and post-9/11 securitization

TL;DR: This article explored the abstract notion of "justice" through the lens of "folk humour" in stand-up comedy which references securitization in the post-9/11 period.
Journal ArticleDOI

The Commercial and the Public “Public Spheres”: Two Types of Political Talk-Radio and Their Constructed Publics

TL;DR: In this paper, the authors describe radio programs that include one-on-one interactions between a host and caller about current affairs, and reveal two formats: talk-back and phone-in.
DissertationDOI

Social Media After the Revolution: New PoliticalRealities and Everyday Network Practices in theContext of Tunisia (2011-2013)

Cyrine Amor
TL;DR: In this paper, the authors examine issues raised by social media's depiction, over recent years, as source of civic empowerment and radical socio-political change, and provide an interdisciplinary exploration and contextualization of these questions, and of how everyday social media practices may relate to users' knowledge of, engagement with, and participation in a shared public and political world.
Dissertation

Beyond the liberal paradigm : the constitutional accommodation of national pluralism in Sri Lanka

Abstract: This thesis concerns the theoretical issues that arise in the application of the constitutional model known as the plurinational state, developed through the experience of such Western liberal democratic states as Canada, Spain and the United Kingdom, to non-Western contexts of national pluralism through the case study of Sri Lanka. There are two closely intertwined and complementary objectives to the thesis. Firstly, to provide a fresh analytical and prescriptive framework of understanding and potential solutions to the constitutionally unresolved problem of national pluralism in Sri Lanka that has so far only generated protracted conflict. Secondly and more importantly, to contribute in more general terms to the theoretical literature on plurinational constitutionalism by way of the comparative insights generated through applying the model to an empirical context that is fundamentally different in a number of ways to that from which it originally emerged. In this latter, comparative, exercise, there are three key empirical grounds of difference that are identified in the thesis. Firstly, the difference between the sociological character of nationalisms in the two contexts, defined at the most basic level by the civic-ethnic dichotomy; secondly, the different meanings of democratic modernity in the present, determined by colonial modernity and post-colonial ethnocracy; and thirdly, the differences in the substantive content of democracy as between liberal and nonliberal democracies. The thesis argues that the plurinational state may be adapted to have a role and relevance beyond Western conditions, by addressing the theoretical issues that arise from these divergences. In doing so, it seeks to demonstrate that ethnic forms of nationalism are not necessarily inconsistent with the plurinational logic of accommodation; that an exploration of pre-colonial history reveals indigenous forms of the state that are more consistent with plurinational ideals than the classical modernist Westphalian nation-state introduced by nineteenth century colonialism; and that plurinational constitutions may be based on a broader conception of democracy than political liberalism. Building on these discussions, the principal normative contribution of the thesis is the development of a constitutional theory for the accommodation of national pluralism that is based on the norm of asymmetry, as distinct from equality, between multiple nations within the territorial and historical space of the state. “Every generation must reinvent the wheel.” Walker Connor (1994) Ethnonationalism “Free institutions are next to impossible in a country made up of different nationalities. Among a people without fellow-feeling, especially if they read and speak different languages, the united public opinion, necessary to the working of representative government, cannot exist.” John Stuart Mill (1861) Considerations on Representative Government “The greatest adversary of the rights of nationality is the modern theory of nationality. By making the state and the nation commensurate with each other in theory, it reduces practically to a subject condition all other nationalities that may be within the boundary.” Lord Acton (1862) Nationality “For centuries the Sinhalese and the Tamils have lived together in peace and amity. We have been governed by their kings and they by ours ... I put this question bluntly to my Tamil friends. Do you want to be governed by London or do you want, as Ceylonese, to help govern Ceylon? Shall the most ancient of our civilisations sink into the level of a dull and dreary negation? We all know and admire their special qualities. They are essential to the welfare of this Island, and I ask them to come over and help us.” The Rt. Hon. D.S. Senanayake (1945), Leader of the State Council, later first Prime Minister of independent Ceylon, moving a resolution of the State Council accepting the Soulbury Constitution “ The British, with their short-sighted policy, brought the two nations that existed for centuries together for the sake of trouble-free colonial rule. However, the nations resisted assimilation. They had the idea that like the English, Scots and the Welsh, in Ceylon also there would be a new nation-state at the expense of one or the other. That did not happen. They didn’t have any idea other than the unitary system. They did not think at all whether it would be suitable to a country where, unlike in the United Kingdom, the divisions are based on much [more] distinctive identities.” S.J.V. Chelvanayakam, Q.C., M.P. (1951), presidential address to the first national convention of the Tamil Federal Party “There is a growing tendency among political commentators to reject the idea of the United Kingdom as a unitary state, archetype of a nation-state. Instead, it is portrayed as a ‘union state’, emerging from prior unions of distinct kingdoms.” Professor Sir Neil MacCormick (1999) Questioning Sovereignty “Nationalism springs, as often as not, from a wounded or outraged sense of human dignity, the desire for recognition.” Professor Sir Isaiah Berlin (1996) The Sense of Reality “Nationalism reminds us that individuals fear being stateless;; liberalism tells us that they ought to fear the state they have created.” Yael Tamir (1997) The Land of the Fearful and the Free
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