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.
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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
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TL;DR: The authors argue that the focus on mini-publics has sometimes resulted in less critical forms of deliberation, and argue that this need not be the case, and find ways in which deliberative democracy can be practically relevant without losing its critical and normative edge.
Abstract: Fifty years ago, democratic theory was largely devoid of normative impulse, and was dominated by the realpolitik and positivist approaches of competitive elitism and rational and social choice theory. Whilst the rise of participatory democratic theory in the 1970s brought a halt to this dominance, it was the arrival of deliberative democracy in the 1980s and 1990s that cemented the normative revival in democratic theory. However, as deliberative theory itself increasingly emphasised practice-oriented institutional innovations such as ‘mini-publics’, realpolitik has made a resurgence, rendering deliberative democracy less normative and critical. Yet, although in practice the focus on mini-publics has sometimes resulted in less critical forms of deliberation, we argue that this need not be the case. An important task of deliberative theory today is to find ways in which deliberative democracy can be practically relevant without losing its critical and normative edge. We contend that experimentation with new...
47 citations
TL;DR: The authors argue that the deliberative theory of the public sphere actually facilitates the development of the agonistic approach to democratic theory and practice, and explore one of the fundamental assumptionsat work in the debate about the theory of public sphere's status, namely the assumed opposition between consensus and contestation.
Abstract: Would democratic theory in its empirical and normative guises be in a better position without the theory of the deliberative public sphere? In this paper I explore recent theories of agonistic democracy that have answered this question in the affirmative. I question their assertionthat the theory of the public sphere should be abandoned in favor of a model of democratic politics based on political contestation. Furthermore, I explore one of the fundamental assumptionsat work in the debate about the theory of the public sphere’s status, namely the assumed opposition between consensus and contestation. Questioning the rigid nature of the opposition, I go on to argue that the deliberative theory of the public sphere actually facilitates the development of the agonistic approach to democratic theory and practice.
47 citations
TL;DR: A definitional schema is developed that suggests different ways of understanding an emerging socio-technical research area and is used to map the research contributions identified and makes an initial sketch of the scientific character of the area and its central concerns, theories, and methods.
Abstract: The emerging research area of eParticipation can be characterized as the study of technologyfacilitated citizen participation in (democratic) deliberation and decision-making. Using conventional literature study techniques, we identify 105 articles that are considered to be highly relevant to eParticipation. We develop a definitional schema that suggests different ways of understanding an emerging socio-technical research area and use this schema to map the research contributions identified. This allows us make an initial sketch of the scientific character of the area and its central concerns, theories, and methods. We extend the analysis to define four central research challenges for the field: understanding technology and participation; the strategic challenge; the design challenge; and the evaluation challenge. This article thus contributes to a developing account of eParticipation, which will help future researchers both to navigate the research area and to focus their research agendas.
47 citations
TL;DR: The authors examined how journalists and technologists are re-imagining the construction of networked, dynamic spaces for online news discussion through a qualitative study of 126 idea submissions to a popular news innovation contest.
Abstract: This study examines how journalists and technologists are re-imagining the construction of networked, dynamic spaces for online news discussion through a qualitative study of 126 idea submissions to a popular news innovation contest. We consider these submissions in the light of the concept of the public sphere, with a specific focus on how these submissions might address shortcomings identified in the literature about the ability of the internet, but of news commenting forums in particular, to serve as an extension of the public sphere. Four main themes emerged in the submissions: a need to (1) better organize content, (2) moderate content more effectively, (3) unite disjointed discourse, and (4) increase participation while promoting diversity. We find in these proposed solutions the possibility for relatively low-cost, easy-to-build systems that could moderate comments more efficiently while also facilitating more civil, cohesive, and diverse discourse; however, we also find the lingering danger of des...
47 citations
TL;DR: This article examines press-public collaboration by tracing how and why news organizations both distance themselves from and depend on networked actors outside the newsroom to achieve professional and organizational goals.
Abstract: Understanding and evaluating systems for open collaboration depends, in part, on appreciating their normative and institutional contexts. In this article, I examine press-public collaboration by tracing how and why news organizations both distance themselves from and depend on networked actors outside the newsroom to achieve professional and organizational goals. I situate contemporary press-public networks within infrastructure scholarship, review their relationship to models of the public sphere, and trace the motivations and assumptions embedded within news organizations' application programming interfaces, software toolkits that let those outside the newsroom access and repurpose journalistic data.
47 citations