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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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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: In this paper, the authors argue that the current public sphere tends towards a more dispersed structure than its 19thand 20th-century versions critically analysed by Jürgen Habermas.
Abstract: Since the late 1990s, the plethora of internet-based media made it evident that the mass media had not exhausted the potential of the concept of the public sphere. But, the radically democratised access to media that this entailed indicated that the Habermasian line of theorising the public sphere needed revisions, particularly when applied to internetbased media on a supra-national scale. The contemporary public sphere tends towards a more dispersed structure than its 19thand 20th-century versions critically analysed by Jürgen Habermas. In the 1960s, Habermas was highly critical of the intervention of large-scale commercial mass media into the public sphere but, in later writings, realised and appreciated the (quality) press’s role in a modern public sphere (Habermas, 1989, 1996, 2008). The continuing structural transformation of the public sphere propelled by the internet has consequences for its normative power; its ability to provide legitimacy. From the perspective of formal politics, this forms a paradox: democratisation of media and an extended freedom of expression imply less power for formal politics to fulfil what is envisioned precisely as democratisation. With the expansion of the public sphere through digital media, politics will find it more difficult to identify normative foundations for legitimate decisions.

55 citations

Journal ArticleDOI
TL;DR: In this article, the author interprets Bourdieu's theory of the linguistic habitus to prompt an even more radical critique of deliberative democracy than these theorists acknowledge, one to which the proposed solutions fail adequately to respond.
Abstract: Recent democratic theorists have drawn on the work of the late Pierre Bourdieu to make the case that patterned inequalities in the social capacity to engage in deliberation can undermine deliberative theory’s democratic promise. They have proposed a range of deliberative democratic responses to the problem of cultural inequality, from enabling the marginalised to adopt the communicative dispositions of the dominant, to broadening the standards that define legitimate deliberation, to strengthening deliberative counter‐publics. The author interprets Bourdieu’s theory of the linguistic habitus to prompt an even more radical critique of deliberative democracy than these theorists acknowledge, one to which the proposed solutions fail adequately to respond. Her argument suggests that empirical work on deliberative democracy should expand to address specifically the problems of cultural inequality that Bourdieu’s work highlights.

55 citations

Journal ArticleDOI
TL;DR: In this article, a critical feminist theoretical framework is used to explore the challenges of creating democratic learning spaces that will foster active and inclusive citizenship for women, and three democratic considerations are addressed to assess how adult educators can create more inclusive opportunities for lifelong education for women.
Abstract: In this paper a critical feminist theoretical framework is used to explore the challenges of creating democratic learning spaces that will foster active and inclusive citizenship for women. Three democratic considerations are addressed to assess how adult educators can create more inclusive opportunities for lifelong education for women. The first consideration is the need for a careful examination of structural inequalities that create disadvantages for women in pursuing lifelong education. The second consideration is the need to create a broader and more gender inclusive understanding of the scope of lifelong learning possibilities, so that women’s learning experiences are not devalued. The third consideration explores how to take up gender as a complex variable within the broader discourse of inclusion. This paper is informed by preliminary results from a current SSHRC (Social Science and Humanities Research Council) study on lifelong learning trajectories for women in Canada and a CCL (Canadian Counci...

55 citations

Journal ArticleDOI
TL;DR: The authors concur with Cox's claim that environmental communication (EC) like conservation biology is a crisis discipline, and they take Cox's essay as a provocation to radically challenge magical notions of scientific objectivity.
Abstract: The authors concur with Cox's claim that environmental communication (EC), like conservation biology, is a crisis discipline. Cox's proposed tenets for EC challenge the scientific norm of objectivity that has guided science for centuries, suggesting that today's environmental crisis requires us to travel a different path. The authors take Cox's essay as provocation to radically challenge magical notions of scientific objectivity. They briefly review Platonic contributions to the myth of scientific objectivity and then advocate a nondualistic perspective toward the relationship between humans and nature. They then suggest how this perspective both expands upon and diverges from Cox's vision of political and ethical engagement among EC scholars.

55 citations

Journal ArticleDOI
TL;DR: In this article, the authors analyse a series of migrant mobilizations which took place in 2010 and 2011 throughout Italy: the unrest in Rosarno, the migrant general strikes on 1 March, the campaign and the strike against undeclared work in Nardo and the occupation of a construction crane in Brescia.
Abstract: This article analyses a series of migrant mobilizations which took place in 2010 and 2011 throughout Italy: the unrest in Rosarno, the migrant general strikes on 1 March, the campaign and the strike against undeclared work in Nardo and the occupation of a construction crane in Brescia. Engin Isin's principles of investigating acts of citizenship provide a theoretical background for understanding them as a coherent, new cycle of struggles in the crisis of neoliberalism. As proved by those mobilizations, migrants can significantly contribute to open the boundaries of neoliberal citizenship, when they construct themselves as activist citizens. Moreover, the contestation of an exclusionary, racialized and competitive model of society can become a goal shared by migrants and nationals alike, opening up an alternative social model based on equal entitlements to rights, solidarity and real democracy.

55 citations