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: Wright et al. as discussed by the authors introduced the concept of Third Space, a non-political online space where political talk emerges, which is heavily influenced by, but ultimately grounded in a critique of, Oldenburg's (1999) concept of the third place.
Abstract: This article takes forward a “new” agenda for online deliberation (Wright 2012), by setting out in detail the concept of third space: non-political online spaces where political talk emerges. The concept of third space is heavily influenced by, but ultimately grounded in a critique of, Oldenburg’s (1999) concept of the third place. Rather than thinking about what virtual equivalents of a third place might look like, this article reconsiders the concept in the context of the Internet and thus differs in several of its conclusions. First, the article sets out the case for studying informal political talk in third spaces. It is argued that this necessitates broad definitions of the political and inclusive definitions of deliberation. Second, each of Oldenburg’s core characteristics of third place are presented, critiqued, and, where necessary, reformulated for the online context. In so doing, the article provides a theoretically informed framework that can be used to study third spaces while also con...
107 citations
TL;DR: The third generation of deliberative democracy has now entered a third generation, to which the three recent books considered here contribute as discussed by the authors, arguing that the first generation included the normative assertions of Habermas and Rawls, the second generation involved the fusing of these two first generationalists, and reconciling them with features of social complexity.
Abstract: The article argues that deliberative democracy has now entered a third generation, to which the three recent books considered here contribute. The first generation included the normative assertions of Habermas and Rawls. The second generation involved the fusing of these two first generationalists, and reconciling them with features of social complexity. The second generation has rendered deliberative democracy more practically achievable, and the three books here seize this opportunity to provide considerable institutional innovation about how to achieve the reformed deliberative theory in practice. In doing this the third generation of deliberative democracy is emerging. In the main, a more practically relevant version of deliberative democracy is welcomed, but we must also guard against jettisoning its normative ideals in the process.
107 citations
TL;DR: A participatory and deliberative democratic approach to labor standards would push the labor-standards debate into the global public sphere as discussed by the authors, which would seek to create broad discussion about labor standards that would include not only firms and regulators, but also consumers, nongovernmental organizations, journalists, and others.
Abstract: Political theorists have argued that the methods of deliberative democracy can help to meet challenges such as legitimacy, effective governance, and citizen education in local and national contexts. These basic insights can also be applied to problems of international governance such as the formulation, implementation, and monitoring of labor standards. A participatory and deliberative democratic approach to labor standards would push the labor–standards debate into the global public sphere. It would seek to create broad discussion about labor standards that would include not only firms and regulators, but also consumers, nongovernmental organizations, journalists, and others. This discussion could potentially improve (1) the quality of labor standards by incorporating considerations of economic context and firm capability, (2) their implementation by bringing to bear not only state sanctions but also political and market pressures, and (3) the education and understanding of citizens. Whereas the role of public agencies in state–centered approaches is to formulate and enforce labor standards, central authorities in the decentralized–deliberative approach would foster the transparency of workplace practices to spur an inclusive, broad, public conversation about labor standards. To the extent that a substantive consensus around acceptable behavior emerges from that conversation, public power should also enforce those minimum standards.
107 citations
TL;DR: In this article, the authors address the democratic deficit that emerges when private corporations engage in public policy, either by providing citizenship rights and global public goods (corporate citizenship) to private citizens, or by providing them to themselves.
Abstract: This article addresses the democratic deficit that emerges when private corporations engage in public policy, either by providing citizenship rights and global public goods (corporate citizenship) ...
105 citations
27 Mar 2020
TL;DR: In this paper, the authors explore the recent trend toward the transformation of religious symbols and practices into culture in Western democracies, and analyze three legal cases involving religion in the public sphere to illuminate this trend: a municipal council chamber; a town hall; and town board meetings.
Abstract: This book explores the recent trend toward the transformation of religious symbols and practices into culture in Western democracies. Analyses of three legal cases involving religion in the public sphere are used to illuminate this trend: a municipal council chamber; a town hall; and town board meetings. Each case involves a different national context—Canada, France and the United States—and each illustrates something interesting about the shape-shifting nature of religion, specifically its flexibility and dexterity in the face of the secular, the religious and the plural. Despite the differences in national contexts, in each instance religion is transformed into culture or heritage by the courts to justify or excuse its presence and to distance the state from the possibility that it is violating legal norms of distance from religion. The cultural practice or symbol is represented as a shared national value or activity. Transforming the ‘Other’ into ‘Us’ through reconstitution is also possible. Finally, anxiety about the ‘Other’ becomes part of the story of rendering religion as culture, resulting in the impugning of anyone who dares to question the putative shared culture.
The book will be essential reading for students, academics and policy-makers working in the areas of sociology of religion, religious studies, socio-legal studies, law and public policy, constitutional law, religion and politics, and cultural studies.
105 citations