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: In this paper, the authors constructed a framework for the analysis of open government from a democratic perspective, to explore the research foundation of Open Government and the types of research missing. But despite good intentions and an extensive rhetoric, there is still an apparent lack of adequate tools in which public deliberation and representation are addressed in any meaningful sense.
Abstract: The concept of open government, having been promoted widely in the past 5 years, has promised a broader notion than e-government, as supposed to fundamentally transform governments to become more open and participative and collaborative. Unfortunately, this has not significantly enhanced a set of fundamental problems regarding e-government. One of the problems is that the underlying democratic ideology is rarely clearly expressed. In this paper, we have therefore constructed a framework for the analysis of open government from a democratic perspective, to explore the research foundation of open government and the types of research missing. We have looked closely at the notion of democracy in peer-reviewed journals on open government from 2009 to 2013, focusing on discussions of some fundamental issues regarding democracy and the type of solutions suggested. We have found that despite seemingly good intentions and an extensive rhetoric, there is still an apparent lack of adequate tools in which public deliberation and representation are addressed in any meaningful sense. There are two main important observations herein: i the rhetoric in the dominant discourse supports the concept of open government formulated by the Obama administration as transparency, participation, and collaboration, but in practice, the focus is predominantly on transparency and information exchange, while ignoring fundamental democratic issues regarding participation and collaboration, and ii the concept of the public is inadequately considered as a homogenous entity rather than a diversified group with different interests, preferences, and abilities.
83 citations
TL;DR: In this paper, the authors introduce a discussion on cultural policies in the Nordic countries with a brief summary of Jurgen Habermas' views on different forms of rationality and communication in the modern world, as put forward in his seminal works The Theory of Communicative Action and Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy.
Abstract: I introduce my discussion on cultural policies in the Nordic countries with a brief summary of Jurgen Habermas’ views on different forms of rationality and communication in the modern world, as put forward in his seminal works The Theory of Communicative Action (1987 [1981]) and Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy (1996 [1992]). Based on a previous study, Nordic Cultural Policy in Transition, I then suggest a model for analysing cultural policy, with special attention to the changes in Nordic attitudes in the period from 1960 to 2003. Finally, I discuss the above model in a critical light and attempt an assessment of its relevance in academic cultural policy research.
82 citations
TL;DR: In this paper, the authors assess the specific case of ISO 26000 and examine the question of how legitimacy beyond nation-state democracy is ensured or constricted, focusing on the idea of deliberate democracy and democratic legitimacy.
Abstract: Globalization arguably generated a governance gap that is being filled by transnational rule-making involving private actors among others. The democratic legitimacy of such new forms of governance beyond nation states is sometimes questioned. Apart from nation-centered democracies, such governance cannot build, for example, on representation and voting procedures to convey legitimacy to the generated rules. Instead, alternative elements of democracy such as deliberation and inclusion require discussion to assess new instruments of governance. The recently published standard ISO 26000 is an interesting example of transnational governance. ISO 26000 was developed in a lengthy multiorganizational process for the purpose of giving guidance on the social responsibility of organizations. By assessing the specific case of ISO 26000, this study sheds light on the question of how legitimacy beyond nation-state democracy is ensured or constricted. Centering on the idea of deliberate democracy and democratic legitim...
82 citations
TL;DR: The authors locates the social work literature on spirituality within the broad theoretical and epistemological perspectives of late modernity, focusing particularly on the rise of individualism and its culmination in the theory of reflexive modernization, and makes an appeal for an "ecospiritual social work" to take social work away from individualism back to its communitarian roots.
Abstract: Summary This paper locates the social work literature on spirituality within the broad theoretical and epistemological perspectives of late modernity. It focuses particularly on the rise of individualism and its culmination in the theory of reflexive modernization—life politics and subpolitics—and makes an appeal for an ‘ecospiritual social work’—one which would take social work away from individualism back to its communitarian roots. The rise of spirituality in social work is linked to individualism. Both result from the depersonalizing and alienating effects of modernity: the detraditionalization and secularization of society; the rise of science, rationality, the professions, and industrial and technological progress; and the decline in religion. Social work mirrors this process in that it has worked vigorously to shake off its religious, moralistic beginnings, and to embrace the secular trappings of professionalism in the process increasingly embracing highly individualistic values and scientific explanations of reality. The literature on spirituality in social work, in which the influence of New Age spirituality is strongly evident, tries to re-instantiate our search for quality and meaning. However, social work has yet to examine broader sociological theory and the way in which it can deepen our understanding of the rise of spirituality in social work.
82 citations
01 Apr 2008
TL;DR: The paradox of our times can be stated simply: the collective issues we must grapple with are of growing extensity and intensity and yet, the means for addressing these are weak and incomplete as mentioned in this paper.
Abstract: The paradox of our times can be stated simply: the collective issues we must grapple with are of growing extensity and intensity and, yet, the means for addressing these are weak and incomplete. Th...
81 citations