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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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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: This article found that people with higher resources tend to be more active regardless of treatment, while those with lower resources deliberated in like-minded groups generate a higher sense of equality than discussion in mixed opinion groups.
Abstract: Enclaves of like-minded people are often seen as problematic from a democratic point of view, as they have been found to lead to both group polarization and an amplification of cognitive errors. Nevertheless, enclaves can also act as protected spaces have the opportunity to discuss politics with their peers. As a result, people who are less well-endowed to face political disagreement can find it easier to engage in politics. In order to study the ‘empowering’ potential of enclave deliberation, we use data from a population-based experiment (n = 207). The participants were randomly allocated to two treatments. Some participants deliberated in groups consisting of people with similar baseline views on immigration (like-minded treatment), whereas others deliberated in groups where both restrictive and permissive participants were present (mixed treatment). We hypothesize that (1) discussion in like-minded groups is more equal than in mixed opinion groups and that (2) participants with lower resources feel politically more efficacious after deliberation in like-minded than in mixed groups. Our results suggest that people with higher resources tend to be more active regardless of treatment. Nevertheless, we also find that among those with lower resources deliberation in like-minded groups generates a higher sense of equality than discussion in mixed opinion groups.

18 citations

Journal ArticleDOI
TL;DR: The authors developed a conceptual-methodological framework with a set of structured tests so as to establish the character of the EU's social constituency, i.e., the structure of demands and expectations that citizens and groups place on the EU.
Abstract: The EU is often considered to be a unique entity. This assertion rests on assessments of its institutional character more than on assessments of its social constituency, i.e., the structure of demands and expectations that citizens and groups place on the EU. Establishing the character of the latter is important both to understand the EU as polity and to understand its democratic deficit. It is also of theoretical interest given the increased focus on recognition politics, not only within nation-states but also within the transnational realm. This article develops a conceptual-methodological framework with a set of structured tests so as to permit us to establish the character of the EU’s social constituency. This framework combines a philosophical approach to recognition with a sociological approach to contentious politics. A central element is the notion of ‘recognition order’, and the article briefly examines whether the EU might be said to make up a unique recognition order.

18 citations

Journal ArticleDOI
TL;DR: In this paper, the authors discuss how administrative structures and processes shape civil servants' values on citizens' participation, and place the discussion in the context of extreme social change, using survey data from more than 1,700 civil servants in the Baltic countries.
Abstract: Citizen participation is disputed; some see it as enhancing democracy while others see it as undermining representative government. Some find it increases administrative efficiency, and others find it creates additional costs. Studies argue that the outcome depends on the value which civil servants place on inclusion. Echoing Miles’s law, “where you stand depends on where you sit,” we discuss how administrative structures and processes—“how you sit”—shape civil servants’ values on citizens’ participation. Using survey data from more than 1,700 civil servants in the Baltic countries, the article contributes by placing the discussion in the context of extreme social change.

18 citations

Journal Article
TL;DR: In this article, the authors argue for the systematic inclusion of Southern social movements in social movement theory, and provide a framework comprised of four characteristics: many Southern movements have emerged in the context of colonialism and postcolonialism which influenced the emergence, and continuity of particular forms of mobilizations.
Abstract: In this paper I argue for the systematic inclusion of Southern social movements in social movement theory, and I provide a framework comprised of four characteristics. This framework could serve as a starting point for research that accounts for the specificities of social movements in the global South while at the same time acknowledging their heterogeneity in diverse local contexts. The characteristics are not exhaustive, but most Southern movements exhibit one or a number of these characteristics and when taken together they could serve as the basis for decentring Northern movements and establishing a paradigm of social movements that is truly global. First, many Southern movements have emerged in the context of colonialism and postcolonialism which influenced the emergence, and continuity of particular forms of mobilizations. Second, social movements in the South emerge in contexts characterized by a variety of political structures and regime types. Third, in many mobilizations of the South, the continuous redefinition of the state-civil society relations influences the potentials for emergence and expansion of social movements. Finally, social movements in the South can be understood with regard to multiple forms of intersection in that there is usually an implicit connection between most social movements and democratisation processes (e.g. women’s right movement, labour movement, environmental movement), between identity and material issues and formal and informal forms of politics.

18 citations