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: The case of the 2015 Volkswagen emissions scandal was used as an illustrative example of corporate business ethics as a form of organizing that acts as a subterfuge to facilitate the expansion of corporate sovereignty.
Abstract: There is an established body of politically informed scholarly work that offers a sustained critique of how corporate business ethics is a form of organizing that acts as a subterfuge to facilitate the expansion of corporate sovereignty. This paper contributes to that work by using its critique as the basis for theorizing an alternative form of ethics for corporations. Using the case of the 2015 Volkswagen emissions scandal as an illustrative example, the paper theorizes an ethics that locates corporations in the democratic sphere so as to defy their professed ability to organize ethics in a self-sufficient and autonomous manner. The Volkswagen scandal shows how established organizational practices of corporate business ethics are no barrier to, and can even serve to enable, the rampant pursuit of business self-interest through well-orchestrated and large-scale conspiracies involving lying, cheating, fraud and lawlessness. The case also shows how society, represented by individuals and institutions, is ab...
123 citations
TL;DR: The authors investigates and critiques the criteria editors at newspapers use to construct their column and identifies four rules for selection, referred to as the rules of relevance, brevity, entertainment and authority.
Abstract: Using the work of deliberative democratic theorists, this paper investigates and critiques the criteria letters editors at newspapers use to construct their column. Deliberative democratic theory values egalitarian public discussion on matters of common concern, and worries about providing the conditions for this discussion. The paper identifies four rules for selection; referred to as the rules of relevance, brevity, entertainment and authority. First, the rule of relevance refers to the demand for the content of the letter to be "relevant", or respond to issues and events already on the agenda. The rule of brevity, in turn, encapsulates the requirement to write short, punchy letters that state the reader's view in less than 300 words. Thirdly, the rule of entertainment highlights how editors prefer spectacular, punchy letters. Finally, the rule of authority captures the rejection of ungrammatical writing, and letters written in unconventional styles. The paper demonstrates that the rules of selection ar...
123 citations
TL;DR: This paper explored three interpretations of Hannah Arendt's idea of a "right to have rights", and in particular the images of politics these interpretations presuppose, in order to elucidate some of the difficulties and reversals that afflict human rights.
Abstract: This article seeks to elucidate some of the difficulties and reversals that afflict human rights by exploring three interpretations of Hannah Arendt's idea of a “right to have rights,” and in particular the images of politics these interpretations presuppose. The first, most conventional interpretation considers this right in terms of the use of power to implement rights; a second, broadly Kantian interpretation understands it in terms of laws and institutions; a third, which I develop through an original reading of Arendt, bases it on the activity of the rights-claimants or -holders themselves. Although each of these conceptions corresponds to different circumstances and speaks to different concerns, the third is especially valuable in helping us understand the problems that plague efforts on behalf of human rights and showing how human rights can best be realized and secured. If it is the most demanding, it alone fully honors human rights' emphasis on autonomy.
122 citations
TL;DR: The field of discourse analysis has diversified in terms of conceptual approaches, metho-based approaches, and meto-semantics as discussed by the authors, since the mid-1990s, discourse analysis became an increasingly established framework in environmental policy analysis.
Abstract: Since the mid-1990s, discourse analysis has become an increasingly established framework in environmental policy analysis. The field has diversified in terms of conceptual approaches, metho...
121 citations
TL;DR: In this paper, the authors consider the relationships among three arguments that purport to establish the intrinsically contradictory or paradoxical nature of the modern project aiming at the equal consideration of all, and argue that the inevitable historical insertion of universal-egalitarian norms leads to always particular and untransparent interpretations of grammatically universal norms.
Abstract: The article considers the relationships among three arguments that purport to establish the intrinsically contradictory or paradoxical nature of the modern project aiming at the equal consideration of all. The claim that the inevitable historical insertion of universal-egalitarian norms leads to always particular and untransparent interpretations of grammatically universal norms may be combined with the claim that the logic of determination of political communities tends to generate exclusions. The combination of these two claims lends specific force to the third argument according to which equal consideration perpetually requires the non-egalitarian project of understanding (excluded) individuals on their own terms. Hence, taking off from a recent debate between Christoph Menke and Jurgen Habermas, I argue that the former is right to diagnose an aporetic self-reflection in egalitarian universalism, while agreeing with the latter about the indispensability of deliberative democratic frameworks for the defence of both egalitarian and non-egalitarian norms.
120 citations