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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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Dissertation
01 Jan 2013
Abstract: ................................................................................................. 10 PREFACE .................................................................................................... 12 ACKNOWLEDGEMENTS .............................................................................. 14 DECLARATION ............................................................................................ 15 ABBREVIATIONS ......................................................................................... 16 CHAPTER 1: AN INTRODUCTION ............................................................... 18

53 citations

01 Jan 2001
TL;DR: In this article, the authors use game theory, rational-choice institutionalism, historical institutionalism and democratic theory to understand how to design institutions on a world-and human-scale.
Abstract: F acing globalization, the challenge for political science resembles that of the founders of the United States: how to design institutions for a polity of unprecedented size and diversity. Globalization produces discord and requires effective governance, but effective institutions are difficult to create and maintain. Liberal-democratic institutions must also meet standards of accountability and participation, and should foster persuasion rather than rely on coercion and interest-based bargaining. Effective institutions must rely on self-interest rather than altruism, yet both liberal-democratic legitimacy and the meaning of self-interest depend on people's values and beliefs. The analysis of beliefs, and their effect on institutional outcomes, must therefore be integrated into institutional analysis. Insights from branches of political science as diverse as game theory, rational-choice institutionalism, historical institutionalism, and democratic theory can help political scientists understand how to design institutions on a world-and human-scale.

53 citations

Journal ArticleDOI
TL;DR: Following public revelations of interference in the United States 2016 election, there has been widespread concern that online disinformation poses a serious threat to democracy as discussed by the authors, and governments have been concerned about the potential for cyber-attacks.
Abstract: Following public revelations of interference in the United States 2016 election, there has been widespread concern that online disinformation poses a serious threat to democracy. Governments have r...

53 citations

Journal ArticleDOI
TL;DR: In this article, the authors empirically analyse whether the online discussion forum Futurum constituted a public sphere and if so, what kind of public sphere it was constituted by. But the debates were not filtered into the convention process and had an unrepresentative group of participants and thus they sit ill at ease with established conceptualizations of the public sphere.
Abstract: This paper empirically analyses whether ‘Futurum’, the online discussion forum linked to the Convention on the Future of Europe, constituted a public sphere – and, if so, what kind Although the debates were discursive and had an institutional context, they were not filtered into the convention process and had an unrepresentative group of participants and thus they sit ill at ease with established conceptualizations of the public sphere

52 citations

Journal ArticleDOI
TL;DR: In this article, the authors argue for the assessment of deliberative mini-publics as a dynamic part of a wider deliberative system, drawing primarily on Dryzek's (2009) deliberative capacity building framework, which describes the democratic process as ideally involving authentic deliberation, inclusiveness in the deliberative process, and consequentiality or deliberation's influence on decisions as well as positive impact on the system.
Abstract: This article argues for the assessment of deliberative mini-publics as a dynamic part of a wider deliberative system. The approach draws primarily on Dryzek’s (2009) deliberative capacity building framework, which describes the democratic process as ideally involving authentic deliberation, inclusiveness in the deliberative process, and consequentiality or deliberation’s influence on decisions as well as positive impact on the system. This approach is illustrated using the comparative assessment of two mini-public case studies: the Australian Citizens’ Parliament and Italy’s Iniziativa di Revisione Civica (Civic Revision Initiative). The application of deliberative capacity as a standard for evaluating mini-publics in systemic terms reveals differences between the cases. The deliberative capacity of both cases overlap, but they do so for different reasons that stem from the interconnections between their specific designs and other components of the deliberative system.

52 citations