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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Dissertation•
01 Jan 2016
TL;DR: In this article, the authors propose a method to solve the problem of "missing links" in the literature: http://www.thesuniversity.edu.cn.xi
Abstract: xi
39 citations
TL;DR: The authors argue that implicit presuppositions of two opposing sorts undermine deliberative democracy by rendering some points of view less valuable than others, and that these contrary tendencies cannot be reconciled in a purely theoretical way; they are contextually specific challenges that must be negotiated in politics itself.
Abstract: This article locates tensions at the heart of deliberative democracy by contrasting insights of Pierre Bourdieu and Jurgen Habermas. It argues that deliberation contains implicit presuppositions of two opposing sorts. Universalising presuppositions lead people to treat one another as equals. Differentiating ones lead people to treat one another as of greater or lesser worth in political dialogue. They undercut deliberative democracy by rendering some points of view less valuable than others. These contrary tendencies cannot be reconciled in a purely theoretical way; they are contextually specific challenges that must be negotiated in politics itself. In response, this article seeks to clarify the difficulties faced by deliberative regimes and better understand their relation to other forms of politics.
39 citations
01 Jan 2005
39 citations
TL;DR: The views of 59 psychiatric patients who had been involuntarily admitted to hospital treatment across England were explored and moral deliberation theory, developed in the field of clinical bioethics, was used to assess ethical issues.
Abstract: Involuntary hospital treatment is practised throughout the world. Providing appropriate treatment in this context is particularly challenging for mental health professionals, who frequently face ethical issues as they have to administer treatments in the absence of patient consent. We have explored the views of 59 psychiatric patients who had been involuntarily admitted to hospital treatment across England. Moral deliberation theory, developed in the field of clinical bioethics, was used to assess ethical issues. Interviews were audio recorded and transcribed verbatim, and analysed through thematic content analysis. We have detected a number of circumstances in the hospital that were perceived as potentially conflictual by patients. We have established which patient values should be considered by staff when deliberating on ethically controversial issues in these circumstances. Patients regarded as important having freedom of choice and the feeling of being safe during their stay in the hospital. Patients also valued non-paternalistic and respectful behaviour from staff. Consideration of patient values in moral deliberation is important to manage ethical conflicts. Even in the ethically challenging context of involuntary treatment, there are possibilities to increase patient freedoms, enhance their sense of safety and convey respect.
39 citations
TL;DR: The authors argue that to treat modernism and postmodernism as a linear progression and as a bi-polar categorization is to fall within the traps of modernism itself, and thus avoid making a choice between modernism or post-modernism, between justification, objectivity, reason, universalism, proof and unity of science on the one hand and the postmodern emphases on language, power and the particular, contingent and relational on the other hand.
Abstract: This paper discusses the key features of modernism and postmodernism, and critiques global standards setting from a postmodern theoretical perspective. The main areas of critique consist of the possibility of the creation of yet another totalizing discourse or grand narrative; debates around the particular and the universal; issues around representation; and power, knowledge and discursive formations. We argue that to treat modernism and postmodernism as a linear progression and as a bi‐polar categorization is to fall within the traps of modernism itself. We have thus avoided making a choice between modernism and postmodernism—between justification, objectivity, reason, universalism, proof and unity of science on the one hand and the postmodern emphases on language, power, and the particular, contingent and relational on the other hand.
39 citations