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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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TL;DR: In this paper, the authors consider participation experiences of 14 year-old and upper secondary students in six European countries that were involved in the International Association for the Evaluation of Educational Achievement (IEA) Civic Education Study: Czech Republic, Norway, Portugal, Slovenia, Sweden and Switzerland, countries that vary in their history of institution of democratic regimes.
Abstract: This article considers participation experiences of 14 year-old and upper secondary students in six European countries that were involved in the International Association for the Evaluation of Educational Achievement (IEA) Civic Education Study: the Czech Republic, Norway, Portugal, Slovenia, Sweden and Switzerland, countries that vary in their history of institution of democratic regimes. Participation has been considered as a crucial dimension of citizenship, and experiences within civil society are viewed as a relevant opportunity for developing personal and social resources essential for the survival and expansion of democracy. Additionally, participation experiences in adolescence seem to be a good predictor of political engagement during adult life. Results show that participation is most evident in organisations that provide enrichment activities (sports, music, computers), but both 14 year-old and upper secondary students are involved in voluntary activities, in some civic-related organisations (mainly Scouts, religious affiliated and environmental), and in experiences within the school (with student councils and school newspapers at the top). However, cross-national and cross-age variations are significant. Overall, there seems to be a positive impact of the frequency of students' involvement on civic concepts, attitudes and engagement, but results also reveal that more is not necessarily better. The most relevant implication for the development of citizenship education projects is that 'action' can be a powerful learning tool but only if it is intentionally designed and systematically supported: the quality of participation experiences, both in terms of meaningful involvement, of interaction with (different) others, and opportunities for personal integration, is therefore crucial if the goal is to promote the personal empowerment and social pluralism on which the essence of democracy relies.

60 citations

Journal ArticleDOI
TL;DR: In this article, the authors highlight how stakeholders and generations, "self-interested", mark out access to forest resources and to financial benefits relating to the latter, and suggest the shortening of the distance between decision-making and beneficiaries, downwardly accountability, and a collaborative infrastructure in the circulation and the distribution of forest benefits.

60 citations

Journal ArticleDOI
TL;DR: The authors examined the conditions under which memory narratives are able to become prominent or lose ground in the EU's overall discourse, concluding that the weight of their arguments also depended on how well their discourse resonated with existing memory cultures at the domestic and the EU levels.
Abstract: Over the last few years, EU institutions have taken on the task of promoting an ‘active European remembrance’ of Europe's twentieth century totalitarian experiences. At stake in this process is the possibility of constructing an EU-wide historical narrative. However, EU-level debates on the remembrance of European history are permeated by struggles between policy actors who vie for control over the telling of Europe's past. Using insights from the agenda-setting and framing literatures, the article examines the conditions under which memory narratives are able to become prominent or, conversely, lose ground in the EU's overall discourse. It concludes that, although the constellation of actors in place was a key factor in explaining fluctuations in the EU's remembrance discourse, the weight of their arguments also depended on how well their discourse resonated with existing memory cultures at the domestic and the EU levels.

59 citations

Journal ArticleDOI
Morgan Marietta1
TL;DR: This article examined the political meaning of this form of persuasion in political domains such as guns, gay marriage, the death penalty, and the environment and found that the distinctive effects of sacred appeals are on citizens' political reasoning and motivation rather than on their expressed opinions.
Abstract: Political rhetoric often appeals to sacred values, or nonnegotiable convictions grounded in transcendent authority rather than reasoned consequences. Sacred convictions are treated as absolutes that resist normal value tradeoffs and cast doubt on the moral standing of citizens who violate them. This study examines the political meaning of this form of persuasion in political domains such as guns, gay marriage, the death penalty, and the environment. Experimental evidence suggests that the distinctive effects of sacred appeals are on citizens’ political reasoning and motivation rather than on their expressed opinions. Sacred rhetoric is not more effective in changing minds, but in shifting the nature of public discourse and increasing levels of political intensity. The democratic consequences of sacred rhetoric include greater citizen participation but lesser prospects for meaningful deliberation, a contradictory influence on the health of American democracy.

59 citations

Journal ArticleDOI
TL;DR: In this article, the authors reviewed e-democracy policy thinking in the UK and surveyed and evaluated e-democratic activity in key areas, including online forums, open governmen, and opengovernmen.
Abstract: Research Highlights and AbstractThis articleCritically reviews e-democracy policy thinking in the UK.Surveys and evaluates e-democracy activity in key areas, including online forums, open governmen...

59 citations