Journal Article•
Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy
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.
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01 Jan 2006
2,797 citations
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
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 assigns priority to understanding the contours of individual dissatisfaction and its related responses, and applies and extends Hirschman's exit–voice framework to bring together, synthesize, and give much-needed substance to the diverse expressions of dissatisfaction and discontent with novel genome-editing technologies.
Abstract: Genome editing has been hailed as a both revolutionary technology and potential solution to many agriculture-related and sustainability problems. However, owing to the past challenges and controversy generated by widespread rejection of genetic engineering, especially once applied to agriculture and food production, such innovations have also prompted their fair share of concern. Generally speaking, much of the discussion centres on the inadequacy or uncertainty of current regulatory regimes, partly owing to the vastly different approaches in the European Union and United States. Insofar as this focus on regulatory regimes is stimulated by the desire to bridge the divide between proponents and critics of genome editing, it risks losing sight of an essential aim of regulatory action: effectively responding to and fostering trust in consumers and the public. In this article, we thus assign priority to understanding the contours of individual dissatisfaction and its related responses. Towards this end, we apply and extend Hirschman’s exit–voice framework to bring together, synthesize, and give much-needed substance to the diverse expressions of dissatisfaction and discontent with novel genome-editing technologies. Through the resulting synthetic framework, we then identify and evaluate which governance approaches can prevent actions seen to be problematic and, moreover, open up the space for a more active public. In this context, we devote specific attention to (i) use of labelling as a means to enable ‘exit’ of consumers from markets and (ii) public deliberation as a possible expression of ‘voice’. Indeed, both options are proposed and utilized in the context of genome editing, e.g. as a way for sceptical consumers to express their viewpoints, seek change in prevailing food systems, and navigate the conflicts and tensions from applying unique sets of values to assess the balance of risks and benefits. So far missing, though, is an evaluation of how well such efforts offer effective means for public expression, which is why we also link this framework to the wider issue of consumer sovereignty. Having done so, we conclude with a brief commentary on the potential and limitations of both options in the existing institutional framework of the EU.
18 citations
TL;DR: In this paper, legal discourse, as an umbrella term, could be used to address the whole spectrum of legal phenomena, not only written, but also spoken, such as courtroom interaction, as discussed in this paper.
Abstract: Legal discourse, as an umbrella term, could be used to address the whole spectrum studying legal phenomena, not only written, such as legislation, but also spoken, such as courtroom interaction, as...
18 citations
TL;DR: The rapid expansion of the oil and gas industry, driven by intentional energy policy decisions which unlock growth, represents a distinct threat to community safety as mentioned in this paper, and in response to this encroaching...
Abstract: The rapid expansion of the oil and gas industry, driven by intentional energy policy decisions which unlock growth, represents a distinct threat to community safety. In response to this encroaching...
18 citations
TL;DR: The pamphleteering analogy is sometimes related to specific online forms, like blogs as discussed by the authors, but it is also a much-used analogy in descriptions of the transformation of the public sphere as brought on by the technological potential of the internet.
Abstract: Fifteen years after the breakthrough of the world wide web as a mass consumer technology, the task of conceptualizing ongoing changes to the public sphere remains a key challenge for media research. In the wake of early generic labels like ‘cyber’ or ‘virtual’ public spheres, some try to grasp the unfolding processes by reaching for historical comparisons or analogies. A case in point is pamphlets. Historically, pamphleteering may be said to have had features that became central for mediated public debate in general. But pamphleteering is also a much-used analogy in descriptions of the transformation of the public sphere as brought on by the technological potential of the internet. The pamphleteering analogy is sometimes related to specific online forms, like blogs. In a recent article titled ‘The Blogosphere and the New Pamphleteers’, Donald Kochan (2006: 99) states that: ‘much like – but more sophisticated than – the printing press, the internet allows every individual to be a pamphleteer in the marketplace of ideas by blogging’. Similarly, when discussing ‘printed precedents of blogs’ in a recent introductory book on blogging, Jill Walker Rettberg (2008: 40–1) starts with pamphlets as a prime example. Elsewhere, the comparison relates to internet technology more generally. Yochai Benkler (2006) refers to the US Supreme Court to illustrate the meaning and the prevalence of the pamphleteering analogy. According to a Supreme Court ruling from 1997:
18 citations
01 Jan 2015
TL;DR: In this paper, the authors discuss the challenges of decision-making in democratic societies and propose a framework for the representation of diverse groups in the democratic process. But they do not discuss the role of women in the process of making decisions.
Abstract: INCLUSIVE REPRESENTATION IN GLOBAL DECISION-‐MAKING PROCESSSES: CHALLENGES OF DEMOCRACY, SOVEREIGNTY, AND LIBERATORY POLITICS FOR MARGINALIZED GROUPS by LAUREL SPRAGUE May 2015 Advisor: Dr. Brad Roth Major: Political Science Degree: Doctor of Philosophy This project proposes a framework for liberatory representation that institutionalizes processes to remove domination and meaningfully increasing respect and concern toward marginalized groups on issues that substantively affect them. It argues that decision-‐making processes that do not offer meaningful influence to those people who are most affected by particular decisions turn those who are supposed to be political equals into wards of dominant groups; essentially turning adults into political children. To meet ideals of political equality, liberatory processes for inclusive decision-‐making are required. The concept of political adulthood provides the foundation for an examination of current processes designed to bring the voices of affected communities into the governance of global organizations. Dworkin’s arguments for “equal respect and concern” and full membership, or “moral membership,” in the political community, as the essential democratic conditions provide a theoretical foundation for analysis. Throughout, close attention is paid to the political organizing work of two marginalized groups who have successfully achieved formal representation within specific U.N. bodies: Indigenous
18 citations