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
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Posted Content•
TL;DR: In this paper, a review of the literature on post-Cold War peace operations demonstrates that the international community's record in establishing a self-sustaining peace is mixed, in most cases, international agents have not established legitimate political orders or prevented the recurrence of the fighting.
Abstract: A review of the literature on post-Cold War peace operations demonstrates that the international community's record in establishing a self-sustaining peace is mixed. In most cases, international agents have not established legitimate political orders or prevented the recurrence of the fighting. Employing Jorgen Habermas's research, this article differentiates between two theoretical approaches to peace operations: strategic and communicative. Although I use the latter to critique the former, it is important to note that my primary aim is not to promote one theoretical approach. Recognizing the strengths and weaknesses of both approaches, the goal is to explain how theorists and decision-makers should use insights from both approaches to assess existing peace operations and to create new types of operations that may establish self-sustaining political orders. A secondary objective is to introduce the theoretical underpinnings of a society-building strategy, as an intellectual counterweight to state-building efforts, which have dominated post-settlement peace building operations.
18 citations
TL;DR: This paper argued that the conventional conceptualization in political science of politics is problematic, that it is overly narrow and constrained, and that it excludes a range of actions like satire and humour which have come to play an increasing role in inspiring and provoking powerful political emotions and in informing the political agenda.
Abstract: This article argues that the conventional conceptualization in political science of politics is problematic, that it is overly narrow and constrained. This is because it excludes a range of actions like satire and humour which have come to play an increasing role in inspiring and provoking powerful political emotions and in informing the political agenda. Drawing on the work of critical scholars, it is argued that emotion, ethics and art can be deeply political. Moreover, new forms of media have encouraged new–old forms of political action often at the hands of young people who hitherto have been marginalized from the public sphere. Digital technology enables the production of user-generated content, opening new spaces for information, the exchange of ideas and mobilization. This article highlights the work of the young German satirist Jan Bohmermann to demonstrate how expressive art is playing a major role in shaping public opinion, in contesting power elites and informing political debate. In sh...
18 citations
Book•
15 Jul 2019
TL;DR: In his pathbreaking book Constitutional Amendments: Making, Breaking, and Changing Constitutions, Professor Richard Albert studies the "uncharted terrain" of amendment rules and maps the "intellectual topography of constitutional amendment rules" and tries to answer the many questions about amendment that have until now remained unanswered as discussed by the authors.
Abstract: In his pathbreaking book Constitutional Amendments: Making, Breaking, and Changing Constitutions, Professor Richard Albert studies the “uncharted terrain” of amendment rules. He maps the “intellectual topography of constitutional amendment rules” and, at the same time, tries to answer “the many questions about amendment that have until now remained unanswered”1. In particular, Professor Albert “devote(s) much of the book to a question for which there are surprisingly few comprehensive answers in the scholarly literature: how should be design the rules of constitutional amendments”2. The outcome is an elegant, comprehensive and profound study, which draws from “comparative, doctrinal, historical, and theoretical perspectives”3. The author presents a clear and easy-to-read study, which he illustrates through examples of pressing importance that help us understand the enormous relevance of the book’s main theme. Clearly, Albert’s work represents the most complete and up-to-date guide for the study of constitutional amendments. Before proceeding to an examination of the book, let me clarify three points about the review that follows. In the first place, I am not going to carry out an exhaustive analysis of Constitutional Amendments, but rather focus on a
18 citations
TL;DR: The potential for the Internet to play a role in political life, and the extension of the public sphere, has been widely documented as mentioned in this paper, and social media has emerged as an arena of polit...
Abstract: The potential for the Internet to play a role in political life, and the extension of the public sphere, has been widely documented. More specifically, social media has emerged as an arena of polit...
18 citations
TL;DR: While EP Thompson recognizes the regressive potential of popular religion, his work also makes it possible to evaluate this cultural scheme as a vehicle of political resistance as mentioned in this paper, and this article seeks...
Abstract: While EP Thompson recognizes the regressive potential of popular religion, his work also makes it possible to evaluate this cultural scheme as a vehicle of political resistance. This article seeks ...
18 citations