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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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Book
29 Apr 2010
TL;DR: Galbreath as mentioned in this paper explained post-communist democratisation in the Soviet Baltic and nation-building in the Baltics, and discussed the language of alienation, minority representation in social structures, and minority engagement in civic initiatives.
Abstract: Acknowledgements Abbreviations Foreword by David J. Galbreath Introduction Explaining post-communist democratisation Ethno-territorial proliferation in the Soviet Baltic Baltic perestroika and nation-building State-building and framing of non-titulars Titularisation of Baltic education Minority cooptation in the Baltic societies The Language of alienation Minority representation in social structures Minority engagement in civic initiatives Baltic democratisation: A cat's lick? Bibliography

67 citations

Journal ArticleDOI
TL;DR: The authors argue that consensus retains a strong normative appeal and forms the ideal deliberative outcome of deliberation in pure problem-solving contexts, and on predictive tasks, consensus is preferable to majority rule.
Abstract: Consensus plays an ambiguous role in deliberative democracy. While it formed the horizon of early deliberative theories, many now denounce it as an empirically unachievable outcome, a logically impossible stopping rule, and a normatively undesirable ideal. Deliberative disagreement, by contrast, is celebrated not just as an empirically unavoidable outcome but also as a democratically sound and normatively desirable goal of deliberation. Majority rule has generally displaced unanimity as the ideal way of bringing deliberation to a close. This article offers an epistemic perspective on this question of consensus versus disagreement. For ensuring the production of better decisions, we argue, the normative appeal of consensus varies depending on the deliberative task – whether it entails problem solving or prediction. We argue that in pure problem-solving contexts, consensus retains a strong normative appeal and forms the ideal deliberative outcome of deliberation. In contrast, on predictive tasks, consensus ...

67 citations

Journal ArticleDOI
TL;DR: The European Union's (EU's) compound form of representation allows a wide-ranging spectrum of actors to claim to be representative, and allows different channels to feed their demands and interests into the political system as mentioned in this paper.
Abstract: At first glance the European Union's (EU's) compound form of representation allows a wide-ranging spectrum of actors to claim to be representative, and allows different channels to feed their demands and interests into the political system. While this may be understood as a redeeming feature of supranational politics, this article sounds a note of caution. The historically developed system of representation comprising different principles and practices may combine in ways that undermine standards by which claims to political representation can be justified. First, it is demonstrated that the urge to combine multiple channels of representation has its roots in the history and theory of representation itself. Second, we show the development of the EU's compound form of representation. Third, tests of how well principles and practices of representation combine in the European arena are proposed. It is shown that the EU's specific combination of representative practices hardly allows for ensuring public contr...

66 citations

Journal ArticleDOI
TL;DR: In this paper, the Varieties of Democracy (V-Dem) project has been proposed as a way to measure and conceptualize an abstract and contested concept such as democracy, and some problems of conceptualization and measurement may never be solved definitively.
Abstract: For policymakers, activists, academics, and citizens around the world the conceptualization and measurement of democracy matters. The needs of democracy promoters and social scientists are convergent. We all need better ways to measure democracy. In the first section of this document we critically review the field of democracy indices. It is important to emphasize that problems identified with extant indices are not easily solved, and some of the issues we raise vis-a-vis other projects might also be raised in the context of the V-Dem project. Measuring an abstract and contested concept such as democracy is hard and some problems of conceptualization and measurement may never be solved definitively. In the second section we discuss in general terms how the Varieties of Democracy (V-Dem) project differs from extant indices and how the novel approach taken by V-Dem might assist the work of activists, professionals, and scholars.

66 citations

Journal ArticleDOI
TL;DR: This paper showed that television news is considerably more deliberative in established (the United States, Germany) than in defective democracies (Russia) and slightly more deliberate in a power-sharing political system (Germany, France, Italy, Spain, Italy).
Abstract: We show that television news is considerably more deliberative in established (United States, Germany) than in defective democracies (Russia) and slightly more deliberative in a power-sharing political system (Germany) than in a power-concentrating system (United States). We further demonstrate that public-service channels, nonpartisan programs, and in-depth news shows make stronger overall contributions toward deliberativeness than their respective counterparts. While national news cultures produce distinct national styles of mediated deliberation, individual channels in the United States (Fox, CNN) and Russia (REN) cut across these national patterns. The significance of deliberative media content for citizens and political elites is discussed.

66 citations