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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: The AIP model as discussed by the authors is a combination of negative-relationist and inter- disciplinary strategies, which can be seen as a re-reading of a broad theoretical rereading that focuses on the academic literature in which these distinc- tions are made.
Abstract: Participation has regained a remarkable presence in academic debates within Communication and Media Studies, amongst other fields and disciplines. At the same time, the concept of participation has remained vague because of its frequent and diverse usages and its intrinsically political nature, which renders it difficult to use in an academic context. Conceptual clarity is generated through a combination of negative-relationist and inter- disciplinary strategies. The former means that an argument is made in favour of a more focussed meaning of participation, on the basis of a comparison with two other concepts, access and interaction. The interdisciplinary strategy consists of a broad theoretical re-reading that focuses on the academic literature in which these distinc- tions are made, or where the independent nature of one of the three concepts is particularly emphasized. At the end of this text, the different meanings of access, interaction and participation are structured and integrated in a model, which is labelled the AIP model.

70 citations

Journal ArticleDOI
TL;DR: This special issue of the Information Systems Journal is dedicated to critical information systems (IS) research that involves a wide range of diverse research endeavours that explore the terrain beyond functionalist and positivist approaches, with the aim to transform IS practice and IS–organization relationships.
Abstract: This special issue of the Information Systems Journal (ISJ) is dedicated to critical information systems (IS) research that involves a wide range of diverse research endeavours that explore the terrain beyond functionalist and positivist approaches, with the aim to transform IS practice and IS–organization relationships. Critical IS studies share with critical management studies (CMS) deep scepticism ‘regarding the moral defensibility and the social and ecological sustainability of prevailing conceptions and forms of management and organization’ (Adler et al., 2006), conceptions and forms made possible to a large degree by IS research and practice. Critical IS studies aim at revealing, criticizing and explaining how the development and use of IS in organizations and society in the pursuit of efficiency, rationalization and progress also increase social control and domination, with potential detrimental consequences for some stakeholders and society as a whole. Being ‘critical’ in IS research also means subscribing to a much broader historical, social and political view of the IS discipline and the role of IS across all institutional levels of society. Critical research draws attention to the ways in which economic and managerial interests, ideologies and discourses, assisted by educational and research funding institutions, shape and construct IS research. Critical IS researchers are concerned with the purpose, use and misuse of IS research outcomes in organizations and society. The point has been made in the International Conference on Information Systems 2007 senior scholars’ presentation that the location of many, if not most, IS programmes in business schools places certain constraints on their curriculum and research agendas. Future critical studies should also investigate IS research itself as a social activity – its practice, purpose, implications and institutional constraints under which it is currently operating. The goal of this special ISJ issue, as defined in the call for papers, is to explore the nature of the critical agenda and advance the ‘critical debate’ in information systems research. In order to document the breadth of current research, identifying itself as socially critical, and to encourage the widest possible debate, the editors deliberately chose not to

69 citations

01 Jan 2008
TL;DR: According to Pollitt and Bouckaert as discussed by the authors, there are three main groups of reformers: the maintainers, the modernizers, and the marketizers, which are the core, Anglo-American NPM marketizers and the continental European modernizers.
Abstract: According to Pollitt and Bouckaert, “there are continuing broad differences between different groups of countries” (2004, 102). These groups are the “maintainers”, the “modernizers”, and the “marketizers”. But, as I understand them, there are really only two groups of great interest in the context of reform: the core, Anglo-American NPM marketizers and the continental European modernizers. The reform model of this latter group is what Pollitt and Bouckaert classify as the Neo-Weberian State.

69 citations

Journal ArticleDOI
TL;DR: The purpose of this publication is to describe how the ICRP Commission has relied on ethical values, either intentionally or indirectly, in developing the system of radiological protection with the objective of presenting a coherent view of how ethics is part of this system.
Abstract: – Despite a longstanding recognition that radiological protection is not only a matter of science, but also ethics, ICRP publications have rarely addressed the ethical foundations of the system of radiological protection explicitly. The purpose of this publication is to describe how the Commission has relied on ethical values, either intentionally or indirectly, in developing the system of radiological protection with the objective of presenting a coherent view of how ethics is part of this system. In so doing, it helps to clarify the inherent value judgements made in achieving the aim of the radiological protection system as underlined by the Commission in Publication 103. Although primarily addressed to the radiological protection community, this publication is also intended to address authorities, operators, workers, medical professionals, patients, the public, and its representatives (e.g. NGOs) acting in the interest of the protection of people and the environment. This publication provides the key steps concerning the scientific, ethical, and practical evolutions of the system of radiological protection since the first ICRP publication in 1928. It then describes the four core ethical values underpinning the present system: beneficence/ non-maleficence, prudence, justice, and dignity. It also discusses how these core ethical values relate to the principles of radiological protection, namely justification, optimisation, and limitation. The publication finally addresses key procedural values that are required for the practical implementation of the system, focusing on accountability, transparency, and inclusiveness. The Commission sees this publication as a founding document to be elaborated further in different situations and circumstances.

69 citations

Journal ArticleDOI
TL;DR: The role of public opinion and public discourse in the politics of Arab states has been examined in this paper, where the authors argue that the common view of the "Arab street" fails to capture essential dimensions of the role played by public opinion in Arab politics.
Abstract: The common view of the “Arab street” fails to capture essential dimensions of the role of public opinion and public discourse in the politics of Arab states. The rising importance of transnational Arab television and print media has created a public arena outside the control of states. Arguments about issues of shared concern in this Arabist public sphere have had important implications for political identity, beliefs, expectations, and behavior. Arab responses to the ongoing crisis in Iraq demonstrate the political significance of these debates.

69 citations