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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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TL;DR: The authors examined discourse about the 2004 election from discussion groups and online discussion boards after the presidential debates to identify the characteristics of discourse exhibited in the public sphere after 9/11 and found that egocentric argument rooted in self-interest and personal examples were prevalent, and a preference for domestic rather than international issues.
Abstract: Citizen discussions of the 2004 presidential election provided an opportunity to examine the state of public discourse in the United States. Prior to 9/11 the public sphere was described by many as being in ill health. This study examines discourse about the 2004 election from discussion groups and online discussion boards after the presidential debates to identify the characteristics of discourse exhibited in the public sphere after 9/11. The examination revealed that both forms of discussion exhibited normative ideals. However, egocentric argument rooted in self-interest and personal examples were prevalent, and a preference for domestic rather than international issues was common. The significance of the research rests in the failure of much discussion, especially online discourse, to meet normative ideals. In the end, the findings provide a means for improving future public discourse.

20 citations

Journal ArticleDOI
TL;DR: Morley et al. as discussed by the authors investigated how multicultural television drama may be used to build connections and strengthen civic culture in multicultural societies and found that emotional involvement in multicultural drama may lead to discussions of dilemmas surrounding the role of cultural difference in the everyday lives of viewers.
Abstract: Popular culture has been suggested as an important resource for the performance of cultural citizenship (Hermes, 2005; Morley, 2006). In this paper, we address this suggestion by investigating how multicultural television drama may be used to build connections and strengthen civic culture in multicultural societies. We base our argument on a large study of audience reactions to the provocative Dutch multicultural reality show WestSide (AT5, 2006) that was explicitly designed to foster intercultural understandings and tolerance. Results showed that most viewers deployed a limited set of repertoires to make sense of the show. In so doing, however, they sometimes touched on political issues. Within specific circumstances, this led to the performance of cultural citizenship. Our analysis suggests that emotional involvement in multicultural drama may lead to discussions of dilemmas surrounding the role of cultural difference in the everyday lives of viewers. Based on these findings, we define the performance o...

20 citations

Journal ArticleDOI
TL;DR: In this paper, a comparative analysis of social movements' characteristics and capacities to struggle against illiberal tendencies and incite political change in Serbia and North Macedonia is presented, and the authors provide a comparative study of social movement's characteristics and abilities to achieve political change.
Abstract: This paper provides a comparative analysis of social movements’ characteristics and capacities to struggle against illiberal tendencies and incite political change in Serbia and North Macedonia. Fi...

20 citations

Journal ArticleDOI
TL;DR: In this paper, the authors draw upon Hannah Arendt's On Revolution to provide a theory of remaking in which citizens come together to constitute a body politic that secures their freedom to deliberate and act on their shared public concerns.
Abstract: The collective action predicaments of the time require citizens to participate in remaking the governance of civil society so that they can become engaged and cooperate together. Can citizens become makers of civil society? This article draws upon Hannah Arendt's On Revolution to provide a theory of remaking in which citizens come together to constitute a body politic that secures their freedom to deliberate and act on their shared public concerns. Contemporary theories seeking to democratise the governance of civil society – Bang, Newman and Bevir – are undermined by flawed dualities of structure and action. This article considers Archun Fung's studies of experimental community governance provide potentially an Arendtian model for remaking civil society based on democratic participation and deliberation.

20 citations