Journal Article•
Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy
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
More filters
01 Jan 2006
2,797 citations
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
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
More filters
TL;DR: A deliberative approach now dominates the theory and practice of democracy as mentioned in this paper, and the field has undergone not just a profound transformation, but also a great deal of progress in practice.
Abstract: A deliberative approach now dominates the theory – though not yet the practice – of democracy. In its quarter century of existence (its prehistory is much deeper), the field has undergone not just ...
48 citations
TL;DR: In this paper, the authors compare the practices of charters and traditional public schools and show that market forces and citizen participation can be mutually reinforcing, which can be viewed as a way of yoking citizen voice with consumer choice.
Abstract: Two distinct approaches have been proposed for tackling bureaucratic inefficiency and insensitivity. One replaces political control and government supply with citizen/consumer sovereignty and market forces. The other supports greater citizen involvement in public decision making. But market forces and citizen participation can be mutually reinforcing. The author shows this by comparing the practices of charter schools and traditional public schools. Charter schools are shown to provide opportunities for yoking citizen voice with consumer choice. As such, they create spaces where deliberative democracy might be encouraged and they present organizational models that could inform other areas of public service delivery.
48 citations
01 Jan 2009
TL;DR: Farrall and Rubenstein this article discuss the potential for a post-Westphalian convergence of public law and public international law through the convergence of "Public Law" and "Public International Law" through domestic and regional courts.
Abstract: Introduction: filling or falling between the cracks? Law's potential Jeremy Farrall and Kim Rubenstein Part I. Setting Down the Foundations: 1. Whose public? Which law? Mapping the internal/external distinction in international law Peter G. Danchin 2. The potential for a post-Westphalian convergence of 'Public Law' and 'Public International Law' Charles Sampford Part II. Internationalising Public Law: 3. Globalisation and public law: a global administrative law? Simon Chesterman 4. The deliberative deficit: transparency, access to information and UN sanctions Devika Hovell 5. Who guards the guardian? Towards regulation of the UN security council's chapter VII powers through dialogue Hitoshi Nasu 6. Holding the United Nations security council accountable for human rights violations through domestic and regional courts: a case of 'Be Careful What You Wish For'? Erika de Wet Part III. Implementing Security Council Sanctions: 7. 'A Delicate Business': did AWB's kickbacks to Iraq under the United Nations Oil-For-Food Programme constitute a violation of Australia's international obligations? Kevin Boreham 8. Should the United Nations security council leave it to the experts? The governance and accountability of UN sanctions monitoring Jeremy Farrall Part IV. The Place of Corporations: 9. The nexus between human rights and business: defining the sphere of corporate responsibility Justine Nolan 10. At the intersection of international and municipal law: the case of Commissioner Cole and the Wheat Export Authority Linda Botterill and Anne McNaughton Part V. The Role of Lawyers: 11. International legal advisers and transnational corporations: untangling roles and responsibilities for sanctions compliance Stephen Tully 12. What is the right thing to do? Reflections on the AWB scandal and legal ethics Vivien Holmes Part VI. Public Law and Public Policy: 13. Who's responsible? Justiciability of private and political decisions Daniel Stewart 14. AWB and oil for food: some issues of accountability Richard Mulgan Part VII. Parallel Case Studies: 15. Discriminating for world peace Simon Rice 16. Removing barriers to protection at the exported border: visas, carrier sanctions, and international obligation Angus Francis Concluding remarks Thomas Pogge.
47 citations
TL;DR: In this paper, it is shown that despite the EP's marginal powers in the area of security and defence and the traditional conception of this policy as an executive prerogative, it cannot be isolated from democratic principles.
Abstract: In 2002, the European Parliament (EP) and the Council concluded an Interinstitutional Agreement that gave the EP privileged access to sensitive documents in the area of security and defence. It is argued that the Council let the EP become involved in this sensitive policy area because it accepted the legislature's argument for its right to access. In addition, the EP's bargaining strategy concretized the procedures and contributed to finalizing the deal after two years of negotiation. It is shown in this article that despite the EP's marginal powers in the area of security and defence and the traditional conception of this policy as an executive prerogative, it cannot be isolated from democratic principles. This article provides new evidence for previous claims that the EP's involvement in EU foreign policy is increasing due to legitimacy concerns. It also offers a theoretical account for why this is so.
47 citations
TL;DR: Based on experiences from participatory foresight exercises and a recent foresight study for the Finnish food and drink industries, the authors elaborate three overarching objectives for foresight activities, i.e. improved systems understanding, enhanced networking, and strengthened innovation activities.
Abstract: Based on experiences from participatory foresight exercises and a recent foresight study for the Finnish food and drink industries, we elaborate three overarching objectives for foresight activities, i.e. * improved systems understanding * enhanced networking * strengthened innovation activities. We also argue that foresight is an inherently creative (and hence uncertain) activity where success depends on how adequately combinations of analytical and communicative methods are adopted in relation to possibly evolving foresight objectives. Specifically, we postulate that responsiveness to shifting stakeholder interests and expectations may be required in the definition and pursuit of foresight objectives; this, in turn, has implications for decision-making structures and methodological choices. Some of these implications are highlighted by describing a foresight study for the Finnish food and drink industries.
47 citations