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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
TL;DR: Results indicate that use of interactive features is positively associated with perceived satisfaction with the exception of forums and Q&A features, and customization features are the sole significant positive predictor of perceived satisfaction toward community news sites.
Abstract: Using a statewide, Web-based survey, this study examines the associations between online community news audiences' uses of interactive features offered in various news presentations and the perceived satisfaction of community news sites. In addition, the study aims to identify associations between different types of interactive news presentation styles and levels of satisfaction. Results indicate that use of interactive features is positively associated with perceived satisfaction with the exception of forums and Q&A features. Results also reveal that customization features, such as content submissions, letter-to-the-editor, and e-mail byline links, are the sole significant positive predictor of perceived satisfaction toward community news sites.

78 citations

Journal ArticleDOI
TL;DR: It is frequently claimed that online disinformation threatens democracy, and that disinformation is more prevalent or harmful because social media platforms have disrupted our communication systems as discussed by the authors, however, there is no evidence to support these claims.
Abstract: It is frequently claimed that online disinformation threatens democracy, and that disinformation is more prevalent or harmful because social media platforms have disrupted our communication systems...

78 citations

Journal ArticleDOI
TL;DR: This example will show how ethical issues may be overlooked if the authors focus only on social acceptance, and will provide a test case for demonstrating how the wide reflective equilibrium can help to bridge the proverbial acceptance-acceptability gap.
Abstract: New technology brings great benefits, but it can also create new and significant risks. When evaluating those risks in policymaking, there is a tendency to focus on social acceptance. By solely focusing on social acceptance, we could, however, overlook important ethical aspects of technological risk, particularly when we evaluate technologies with transnational and intergenerational risks. I argue that good governance of risky technology requires analyzing both social acceptance and ethical acceptability. Conceptually, these two notions are mostly complementary. Social acceptance studies are not capable of sufficiently capturing all the morally relevant features of risky technologies; ethical analyses do not typically include stakeholders' opinions, and they therefore lack the relevant empirical input for a thorough ethical evaluation. Only when carried out in conjunction are these two types of analysis relevant to national and international governance of risky technology. I discuss the Rawlsian wide reflective equilibrium as a method for marrying social acceptance and ethical acceptability. Although the rationale of my argument is broadly applicable, I will examine the case of multinational nuclear waste repositories in particular. This example will show how ethical issues may be overlooked if we focus only on social acceptance, and will provide a test case for demonstrating how the wide reflective equilibrium can help to bridge the proverbial acceptance-acceptability gap.

78 citations

Posted Content
TL;DR: In this article, the authors argue that responsible innovation that contributes to sustainable development consists of three dimensions: (1) innovations avoid harming people and the planet, (2) innovations do good by offering new products, services or technologies that foster sustainable development, and (3) global governance schemes are in place that facilitate innovations that avoid harm and do good.
Abstract: Earth's life support system is facing megaproblems of sustainability. One important way of how these problems can be addressed is through innovation. This paper argues that responsible innovation that contributes to sustainable development consists of three dimensions: (1) innovations avoid harming people and the planet, (2) innovations ‘do good' by offering new products, services or technologies that foster sustainable development, and (3) global governance schemes are in place that facilitate innovations that avoid harm and ‘do good'. The paper discusses global governance schemes based on deliberation as a means to foster such responsible innovation. These schemes can provide voluntary soft-law regulations that complement and extend national and international hard-law regulations and facilitate collective innovation that contributes to sustainable development goals. The article addresses the facilitative role of governments and international organizations in overcoming problems of deliberation and offers illustrative examples of such governance schemes.

78 citations

Book ChapterDOI
TL;DR: The potential of Social Networking Services for the eparticipation area is investigated by defining social networking services, introducing the driving forces behind their advance, and the potential use of social networking software in the eParticipation context is discussed.
Abstract: A serious problem in eParticipation projects is citizen engagement --- citizens do not necessarily become more willing to participate simply because net-services are provided for them. Most forms of eParticipation in democratic contexts are, however, dependent on citizen engagement, interaction and social networking because democratic systems favour the interests of larger groups of citizens --- the more voices behind a political proposition, the greater its chances of success. In this context of challenges the study of social networking on the internet and social network theory offers valuable insights into the practices and theories of citizen engagement. Social network theory focuses on the chains of relationships that social actors communicate and act within. Some social networking services on the internet attract large numbers of users, and apparently sustain a great deal of interaction, content-generation and the development of loosely-coupled communities. They provide the forum for much discussion and interaction. In this respect social networking could contribute to solve some of the problems of engaging their users that eParticipation services often struggle with. This paper investigates the potential of Social Networking Services for the eParticipation area by defining social networking services, introducing the driving forces behind their advance, and discusses the potential use of social networking software in the eParticipation context.

77 citations