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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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Journal ArticleDOI
Matt Sheedy1
TL;DR: In the wake of 9/11, Jurgen Habermas as discussed by the authors has been at the forefront of debates involving religion in the public sphere, and has responded to the problems of terrorism, "radical...
Abstract: Over the last twenty years, Jurgen Habermas has been at the forefront of debates involving religion in the public sphere. In the wake of 9/11 he has responded to the problems of terrorism, “radical...

18 citations

Journal ArticleDOI
TL;DR: The authors argue that the postsecular, particularly as it is deployed by Jurgen Habermas and Alasdair MacIntyre, seeks to seduce religious believers and practitioners into just this same logic of self-colonization so that they might be recognized as defenders of an increasingly insecure, liberal nation-state against those who might seek to take advantage of its vulnerability.
Abstract: The claim that we are entering a “postsecular” age supposedly marks a new openness toward public religion, which was expected to wither as societies modernized. Similarly, postcolonial theory has attempted to think through the public resurgence of indigenous culture after the collapse of “Western” political regimes, which also predicted and prescribed its privatization. Drawing on the work of Partha Chatterjee, this paper argues that the “postsecular,” particularly as it is deployed by Jurgen Habermas and Alasdair MacIntyre, seeks to seduce religious believers and practitioners into just this same logic of self-colonization so that they might be recognized as defenders of an increasingly insecure, liberal nation-state against those who might seek to take advantage of its vulnerability.

18 citations

DissertationDOI
01 Jan 2017
TL;DR: In this paper, the authors argue that deliberative theories of democracy should not consider deliberators only as socially embedded actors but should consider social groups and social identity as a ground for political participation.
Abstract: This thesis provides a contribution to knowledge by demonstrating that deliberative theories of democracy have failed to take sufficient account of social difference and by arguing for a more complex and relational understanding of social identity to be considered in democratic theory. I argue that deliberative theories of democracy should not consider deliberators only as socially embedded actors but should consider social groups and social identity as a ground for political participation. I show how some of the main deliberative theories to date have failed to commit to a sufficient understanding of social identity, before demonstrating how identity should be conceived for the purposes of deliberative models. I further argue that, in view of the importance of social identity in political participation, we should understand our civic and political spheres as porous, rather than as distinct. Identity is not something we can ignore in political life, and attempts to minimise its workings are more likely to result in problems, than promote greater political harmony. I will demonstrate throughout the course of this thesis that attempts to efface, minimise or overcome identity in deliberative theory leads to that theory being unable to recognise some of the important workings of social identity in democracy.

18 citations

Journal ArticleDOI
Markus Holdo1
TL;DR: In this paper, social movements seek to influence views on environmental issues and put pressure on policy-makers in a range of related areas, but alongside their specific goals, they also often strive to create...
Abstract: Social movements seek to influence views on environmental issues and put pressure on policy-makers in a range of related areas. But alongside their specific goals, they also often strive to create ...

18 citations

Dissertation
09 Jun 2009
TL;DR: Boakye-Agyei et al. as mentioned in this paper presented an argument that substantiates the position that stakeholder participation in rural project interventions is socially constructed, based on historical antecedents, and communities' contextual characteristics.
Abstract: FOSTERING CIVIC ENGAGEMENT: STAKEHOLDER PARTICIPATION IN RURAL PROJECTS IN GHANA Kwame Boakye-Agyei, Ph.D. George Mason University, 2009 Dissertation Director: Dr. Susan Crate For more than two decades, development practitioners have expressed a growing concern over the lack of understanding of participation in rural community projects. While the concept of participation is clouded with practitioners’ anecdotes suggesting that for effectiveness, participation needs to be socially constructed, research substantiating that assertion has been minimal and most often discussed without the voices of those whom development seeks to benefit. The intent of this study, therefore, is to take the discussion to the rural communities and present an argument that substantiates the position that stakeholder participation in rural project interventions is socially constructed, based on historical antecedents, and communities’ contextual characteristics. These factors underlie the extent to which public participation in rural communities is more or less effective to promote development. I focus the study on seven selected poverty hotspot villages located within the Bonsaaso Millennium Village Project cluster in Ghana. Using an in-depth qualitative inquiry, I interviewed 118 people who were chiefs, local community individuals, village committee leaders, and officials at the local district assembly and project staff. The study includes four main tasks. The first task was to gather the existing perceptions on communities’ historical experiences in participatory development. The second task was to find out how participation was occurring in the selected villages, and thirdly, to ascertain how the selected communities perceived and interpreted participation. Lastly, I examined community perceptions on motivation for participation. The main findings of this study are that the challenges and opportunities to local participation in community projects are connected to history, social development priorities and contextual characteristics of project beneficiaries. In conclusion, I recommend the rethinking of participatory approaches to rural development based on a holistic institution-based project model. In this approach, communities’ intricate social environments have to be widely studied in-situ to inform project participatory processes before project commencement.

18 citations