Introducing Deliberative Democracy: A Goal, a Tool, or Just a Context?1 The concept of deliberative democracy is presented within a wide spectrum of variety of its operationalizations. Since the applicability of the principle of deliberation to the functioning of human society is of the author's primary interest, dilemmas of deliberative democracy related to different problems associated with deliberation in practice are described in some detail. The key questions raised aiming at elucidating the "ontology" of deliberativeness are as follows: is it (...) only a tool for solving the problems of society and politics? Is it a context within which other processes decide on the running of society? Or does it embody a goal of democracy? (shrink)

Citizenship and its education is again gaining importance in many countries. This paper uses England as its primary example to develop a Habermasian perspective on this issue. The statutory requirements for citizenship education in England imply that significant attention be given to the moral and social development of the learner over time, to the active engagement of the learner in community and to the knowledge skills and understanding necessary for political action. This paper sets out a theoretical framework that offers (...) a perspective on learning suitable for these far-reaching aims. We argue that schools need to shift from the currently dominant discourse of accountability to incorporate a discourse of care in order to make room for an effective and appropriate pedagogy for citizenship. Habermas’s social theory gives us a theoretical framework that properly locates schools within the lifeworld as part of civil society. Schools should therefore attend to hermeneutical and emancipatory concerns, not only to strategic interests. We put these in the context of Habermas’s social theory to paint an alternative vision learning for citizenship education which is based in developing the dispositions, values and attitudes necessary for lifelong learning with a view to developing ongoing communicative action. (shrink)

The main goal of this paper is to offer a reading of Reinhart Koselleck’s work as an ally of critical theory. My contention is that, despite customary accusations of Koselleck being an anti-Enlightenment historian detrimental to social criticism and emancipatory politics, his investigations on the semantic fabric of modern society may actually expand our resources for the critique of domination. In order to make this argument plausible, I reconstruct some antinomies that are at the basis of Koselleck’s work (state/society, language/reality, (...) experience/expectation) and discuss their critical potential. This analysis shows that, rather than a rejection of the spirit of critique, Koselleck contributes to the temporalization of the practice of critique as such: namely, a clarification of the contradictions and potentials of a reflexive practice imbued in the struggle between the need to comprehend the world as it is and the right to experiment with other forms of life. (shrink)

This article argues that understanding the dangers and risks of authoritarian populism in consolidated constitutional democracies requires analysis of the forms of pluralism and status anxieties that emerge in civil and economic society, in a context of profound political, socioeconomic, and cultural change. This paper has two basic theses. The first is that when societies become deeply divided, and segmental pluralism maps onto affective party political polarization, generalized social solidarity is imperiled, as is commitment to democratic norms, social justice, and (...) liberal democratic constitutionalism. The second, is that populist political entrepreneurs excel in fomenting social antagonisms by framing shifts in the forms of social pluralism in ways that foster deep political polarization, generalized distrust and a politics of resentment against “elites,” “the establishment,” “the oligarchy,” and “outsiders.” Why populist offers resonate requires a social theoretical analysis of status/solidarity and class issues and a direct response to them. I draw on Polanyi and Habermas to develop an explanatory approach to the current crisis and the populist responses it triggers. I navigate between two inadequate approaches: that of the Hofstadter consensus school which construes status concerns and populism as retrograde, anti-modern, paranoid and meriting no direct response; and that of the neo-Marxist tradition that acknowledges the mobilizing power of “cultural factors” and status anxieties but deems them to be epiphenomena of the deeper story of economic distributive injustice. I reject this assessment and seek to take up the status/solidarity issues in ways that take them seriously, challenge populist framing and provide alternative direct responses to them. I reject the narrative frames of left populists who foment polarization and I try to present an alternative narrative framing for a future democratic politics that draws on the best in politically liberal, constitutionalist, democratic, and socialist traditions. (shrink)

This article focuses on the relationship between social movements and political parties in the context of populist challenges to constitutional democracy. There are many reasons for the current plight of democracy but I focus here on one aspect: the decline of mainstream political parties, the emergence of new forms of populist movement parties and the general crisis of political representation in long consolidated Western democracies. This article analyses the specific political logic and dynamics of social movements – the logic of (...) influence, and distinguishes it from that of political parties – the logic of power. It addresses transformations in movements, parties and their relationships. It looks at the shifts in movement and party types that constitute the political opportunity structure for the emergence of new populist movement party forms and relationships, focusing on the hollowing out and movement-ization of political parties. Contemporary populist movement parties are not the cause of the hollowing out or movement-ization of political parties. Rather they are a response to the crisis of political representation exemplified by hollow parties and cartel parties. But it is my thesis that thanks to its specific logic, populism fosters the worst version of movement party relationships, undermining the democratic functions of both. (shrink)

According to Maria Markus, the development of a particularly open and interested moral-psychological disposition towards the other is critical to the endeavour of subjects to realize the decent society. Drawing on the work of George Herbert Mead, it will be argued that such a sense of decency involves not just a normative commitment to reciprocity but a reflexive appreciation of the significance of the other to the formation of the self. Meads sketches of intersubjective freedoms are shown to provide a (...) critical perspective on unjust social relations from the standpoint of the utopian horizon of a decent society. Meads conception converges, as well as contrasts, with Markuss perspective on civil society and the regulative ideal of the decent society. Significantly, Markuss account of the problem of the potential divergence between the decency of institutions and the decency of human relationships highlights the difficulties of interconnecting democratic justice and intersubjective freedoms. (shrink)

Relying on Niklas Luhmann's systems theoretical redescription of modern society, this article aims at questioning the basic theoretical notions of the ongoing inclusion/exclusion debate. The most remarkable aspect of Luhmann's reassessment of the inclusion/exclusion relationship within functionally differentiated societies is that individuals are basically situated within the exclusion domain of society, and thus cannot but partially be included within society's function systems and organizations. This reassessment not only allows Luhmann to raise fundamental questions with respect to the implicit norm of (...) full inclusion which still dominates the debate on inclusion and exclusion, but it also directs his attention to the different inclusion/exclusion conditions within function systems, organizations and interaction systems. Eventually Luhmann's position comes down to the idea that exclusion rather than inclusion is the rule, and, moreover, that inclusions differ from one another. The article closes off with a critical evaluation of Luhmann's redescription of the inclusion/exclusion debate. It is argued that systems theory might suffer from empirical deficiency, as it seems to have difficulties to detect and to depict the actual mechanisms of social exclusion without resorting to theories that are more geared to empirical reality and that are of help in observing it. Key Words: evolution • function systems • inclusion/exclusion • Niklas Luhmann • networks • organizations. (shrink)

Beyond the reaches of scholarly debates about how to define and value civility properly, social actors across various institutional domains routinely demarcate civil from uncivil behavior. Yet this everyday classification process remains understudied and undertheorized, despite being widespread and having significant stakes for the individuals and groups involved. This article begins to fill this gap by developing the concept of civility contests—practical efforts to draw symbolic boundaries between civil and uncivil individuals, groups, or behaviors. Through a focus on the realm (...) of political protest in the United States, this article demonstrates that civility contests involve a wide range of political actors (including institutionalized power holders, opposing movements, and the media) who engage in this boundary-work in order to justify the control or (de)legitimation of protest. It then highlights patterned disparities in the outcomes of these contests, demonstrating that the likelihood of being marked as uncivil and the extent to which this prompts negative social sanction is shaped by one’s social position. Overall, the article seeks to stimulate and guide future empirical research on civility contests and to deepen theoretical understandings of the relationship between symbolic and social boundaries and the role of symbolic boundary-work in the reproduction of political inequality. (shrink)

Analysts of political culture within the "civil religion" tradition have generally assumed that discourse in civil society is structured by a single set of enduring codes based on liberal traditions that actors draw upon to resolve crises. Based on two case studies of national crises and debate in Brazil during its transition to democracy, I challenge this assumption by demonstrating that not only do actors draw upon two distinct but interrelated codes, they actively seek to impose one or another as (...) dominant. In Brazil this is manifest in actors who defend elements from the code of liberty and its valuation of the freestanding citizen, and those who defend the corporate code and its valuation of the collectivity over the individual. In an earlier debate on crime the corporate code was dominant, but in a later debate surrounding presidential improprieties, the liberal code became dominant. This analysis makes two contributions to the literature: it highlights the importance of nonindividualist cultural codes, such as the corporate code, in animating discourse in the public sphere in democratizing societies, raising attention to the importance of the symbolic contestation between actors seeking to establish one or another code during political transitions. Second, it offers a subtle commentary on the literature on democratization: changes in collective representations in the public sphere may not proceed apace of institutional changes and may be contingent on the kinds of crisis events and actors willing to contest previously dominant codes. (shrink)

This article explains how the issue of inclusion is central to Habermas’s theory of democracy and how it is deeply rooted in his conception of a political public sphere. After recalling Habermas’s views on the public sphere, I present and discuss various objections raised by other critical theorists: Oskar Negt and Alexander Kluge, Nancy Fraser, Axel Honneth and Iris Marion Young. These criticisms insist on the paradoxically excluding effects of a conception of democracy that promotes civic participation in the public (...) debate. Negt, Kluge and Fraser develop a Marxist line of analysis that question who can participate in the public sphere. Honneth and Young criticize in various ways the excluding effect of argumentation: are unargumentative speeches excluded from the public debate? I show how Habermas’s model can provide some responses to these various objections by drawing inspiration from his treatment of the gap between religious and post-metaphysical world views. (shrink)

What does social justice require in contemporary societies? What are the requirements of social democracy? Who and where are the individuals and groups that can carry forward agendas for progressive social transformation? What are we to make of the so-called new social movements of the last thirty years? Is identity politics compatible with egalitarianism? Can cultural misrecognition and economic maldistribution be fought simultaneously? What of the heritage of Western Marxism is alive and dead? And how is current critical social theory (...) to approach these and other questions? Much of the most productive work done in recent social theory has revolved around such issues, in particular, around those concerning the relationship between the politics of recognition and the politics of distribution. After the intense theoretical focus over the last fifteen years or so on the issues of recognition politics—multiculturalism, multi-nationalism, identity politics, group-differentiated rights, the accommodation of difference, and so on—some social theorists have worried that attention has been diverted from important issues of distributive equality—systematic impoverishment, increasing material inequality, ‘structural’ unemployment, the growth of oligarchic power, global economic segmentation, and so on. While some critics seem to have adopted a blunt ‘it’s the economy, stupid’ line of criticism,1 others have attempted to develop an overarching, integrative theoretical framework adequate to the diverse issues concerning both economic and cultural justice. For example, Axel Honneth proposes that a suitably developed and normatively robust theory of intersubjective recognition can adequately integrate an analysis of apparently diverse contemporary struggles: those for a just division of labor and hence, a fair distribution of resources and opportunities, as well as those for a culture free of identity-deforming disrespect and denigration. (shrink)

Can critical research on religion offer both an ideology critique and a critical retrieval of religious import? This article suggests that it can, offering a programmatic sketch for a full-fledged critique of religion—a critique both aimed at religion and inspired by religion in a self-critical fashion. The sketch weds elements of a robustly normative critique of Western society with insights derived from the Frankfurt School. First the article maps three societal macrostructures that organize much of contemporary social life—civil society, proprietary (...) economy, and administrative state. Then it discusses solidarity, resourcefulness, and justice as societal principles that can sustain a critique of societal macrostructures. Next it identifies normative deficiencies within and between these macrostructures. On the basis of this architectonic critique, the article then provides an account of religion in its critical and utopian roles. It concludes by envisioning a normative and emancipatory transformation of society as a whole. (shrink)

The concept of civil society has once again emerged as a viable mechanism for developing and sustaining deliberative democracy. However, an essential component of many strategies to sustain civil society appears lacking, especially when we see the growing cynicism and apathy among citizens. What is missing is a strategy for training or encouraging citizens to participate more fully in civil society. The skills of advocacy can, at least in part, help renew civic activism. Thus, the role of advocacy will be (...) explored as a potential way to resuscitate civil society. (shrink)

This paper is concerned with the competing and complimentary relationships between intersubjectivity and discursive logic. It contends that the ultimate failure of Husserlian phenomenology is a testament to the dilemma of subjectivist philosophy. Indeed, political philosophy requires a paradigm-shift from subjectivity to intersubjectivity. With this in mind, this paper examines the classical encounter between morality and ethical life in connection with discursive ethics. While it argues that Habermas still retains a strong residue of subjectivist philosophy, it attempts to clarify the (...) discursive analysis of Foucault and probes into its applicability to practical philosophy. (shrink)

In the wake of the devastating Sichuan earthquake in 2008, the Chinese state, for the first time in the history of the People’s Republic, held a nationwide mourning rite for ordinary disaster victims. Why did this “mourning for the ordinary” emerge in the wake of the Sichuan earthquake but not previous massive disasters? Moreover, the Chinese state tried to demonstrate through the mourning that the state respected ordinary people’s lives and dignity. But this moral-political message contradicted the state’s normal repressive (...) practice. The contradiction was salient when the state forbade the parents of child victims, who died of school collapse, to mourn their children at anniversaries of the earthquake. What can account for this contradiction? Drawing on the state-society relations perspective, I argue that the emergence of “mourning for the ordinary” can be explained by some important changes in structural state-society relations in China in the 2000s, such as the rapidly developing civil society with moral consciousness and the more adaptive authoritarian Chinese state with concern about its moral legitimacy. These changes were strengthened in the situational dynamics in 2008, which led to the state’s acceptance of a mourning proposal from the public sphere. The mourning did not occur in previous disasters because those structural factors were absent or weak and the situational dynamics were different. The state suppressed parents’ mourning and outside activists’ alternative mourning because the state’s concern with stability overrode its moral legitimation, particularly in the changing political context after the Beijing Olympics, and, meanwhile, the civil society was unable to resist the state’s repression. This study theorizes an important but understudied mourning genre, “mourning for the ordinary,” and introduces the state-society perspective into public ritual study. (shrink)

This article is intended to contribute to the discussion on the meaning of volunteering by investigating voluntary work from the viewpoint of volunteers active in Swedish civil society organizations.Meaning refers both to the cognitive meaning of concepts and to the perceived meaning in life. The aim to uncover the predicates that people attribute to the concept is an attempt to anatomize volunteering as a social construct. Five predicates emerged and they make up the phenomenological structure of volunteering. By contextualizing this (...) structure in contemporary Swedish society, it is demonstrated that the conceptual meaning of volunteering has significance for its existential meaning. The volunteers say that their authenticity is confirmed through the voluntary work since they are making themselves manifest in public. Following Hannah Arendt, the reasons for this is that authenticity demands that the volunteers conduct their actions in a public realm where their actions acquire an intrinsic value as neither coerced nor instrumental. (shrink)

Deliberative democracy is a noble project: an attempt to make citizens philosophize. Critics of deliberative democracy usually claim either that the proposed deliberation threatens an existing moral consensus or, instead, that deliberation is impossible amid power imbalances that oppress the weak. But another problem is that combining democracy and deliberation is inherently an attempt to engage publicly in a private activity—where sensitivity to each interlocutor may require a special form of address. Can this be done? Yes, in some contexts. The (...) tradition of esoteric writing has demonstrated that it is possible to layer one's discourse in such a way that all citizens can partake at a level that suits them. But writing for a public is not really deliberation among equals; it is leadership by the writer of the readers. Genuine dialogue among equals that takes account of their differences is, in contrast, inherently a private affair. (shrink)

The Islamist movement in Turkey bases its mobilization strategy on transforming everyday practices. Public challenges against the state do not form a central part of its repertoire. New Social Movement theory provides some tools for analyzing such an unconventional strategic choice. However, as Islamist mobilization also seeks to reshape the state in the long run, New Social Movement theory (with its focus on culture and society and its relative neglect of the state) needs to be complemented by more institutional analyses. (...) A hegemonic account of mobilization, which incorporates tools from theories of everyday life and identity-formation, as well as from state-centered approaches, is offered as a way to grasp the complexity of Islamism. (shrink)

Public education is not just a way to organise and fund education. It is also the expression of a particular ideal about education and of a particular way to conceive of the relationship between education and society. The ideal of public education sees education as an important dimension of the common good and as an important institution in securing the common good. The common good is never what individuals or particular groups want or desire, but always reaches beyond such particular (...) desires towards that which societies as a whole should consider as desirable. This does, of course, put the common good in tension with the desires of individuals and groups. Neo-liberal modes of governance have, over the past decades, put this particular educational set up under pressure and have, according to some, eroded the very idea of the common good. This set of contributions reflects on this state of affairs, partly through an exploration of the idea of publicness itself – how it can be rearticulated and regained – and partly through reflections on the current state of education in the ‘north’ and the ‘south.’. (shrink)

This essay outlines an argument for fostering the conditions for civil society to emerge in conflict or post-conflict situations. Only where a ‘civil’ society and ‘decent’ society exist together can democratic engagement flourish in the long term. The essay explores the possibilities for decency in social and political conduct where conflict and rupture have been the norm. In establishing decency in social relations and in institutions, trust must be generated where distrust has prevailed as a result of the recent past (...) and memories of a longer past. Common in the contemporary period have been the interventions of humanitarian organizations — such as international and local human rights organizations. How can we assess this activity in relation to the establishment or re-establishment of a civil society and to practices and institutions that reflect decency? What occurs in ‘transitional’ times to foster social relations and institutions that reflect decency in actions between people? The essay looks briefly at the example of the Palestinian West Bank in this context. (shrink)

This essay sheds new light on Korean democracy after democratization. It examines how the notion of ‘transcendental collectivism’, associated with familial bonds and the concept of chŏng, led to an emphasis on citizen‐empowerment. This participatory perspective replaced the militant elite‐led activism of the transitional period, which was underpinned by a Confucian ‘transcendental individualism’ predicated on the concept of ren. The argument is based on a detailed case study of a recent episode of citizen action. The article shows how the search (...) for a new democratic citizenship that was capable of overcoming the parochial regionalism that has bedeviled Korean politics for decades, led ordinary (especially young) Korean citizens to come up with a new national democratic civic ethos that corresponded to the changed political environment. This new ethos was uri‐responsibility, a uniquely Korean view of collective moral responsibility. After examining uri‐responsibility and comparing it with Kantian‐liberal accounts of responsibility, its strong democratic implications for Korea are explored. (shrink)

Critics of Jürgen Habermas's theory of communicative action argue that he has failed to recognize the extent to which moral argumentation is grounded in particular historical contexts, cultural traditions, collective identities, or social lifeworlds. Although he has engaged in a series of strategies aimed at acknowledging the role of particularistic considerations without abandoning his primary commitment to ethical universalism, Habermas has not succeeded in meeting all of the objections of his critics. This paper treats the contradiction between formal and substantive (...) rationality, which lies at the heart of the debate, as an empirical phenomenon within the social world. It argues that the antinomy of formal and substantive rationality plays a central role in historical processes of social change. Through critical argumentation, social actors deliberate on contradictions among strategic, moral, and ethical standards of validity, and they struggle to resolve these contradictions through collective action and the reform of laws, policies, and institutions. Examples are drawn from US political history to substantiate the argument, and some questions are raised for further research. (shrink)

Recent disclosures suggest that many governments apply indiscriminate mass surveillance technologies that allow them to capture and store a massive amount of communications data belonging to citizens and non-citizens alike. This article argues that traditional liberal critiques of government surveillance that center on an individual right to privacy cannot completely capture the harm that is caused by such surveillance because they ignore its distinctive political dimension. As a complement to standard liberal approaches to privacy, the article develops a critique of (...) surveillance that focuses on the question of political power in the public sphere. (shrink)

Kimberley Brownlee’s Conscience and Conviction offers a powerful defence of civil disobedience as a conscientious and communicative mode of protest. The overall argument of the book is important and compelling, but this critical commentary explores certain aspects of Brownlee’s view that warrant further consideration and clarification. Those aspects relate to her suggestion that civil disobedience is a dialogic mode of communication, her attempt to ground a moral right of civil disobedience in a principle of humanism, and her belief that the (...) right establishes a defeasible moral claim against all forms of interference. (shrink)

This article examines Claude Lefort's writings in order to think about the ‘social’, understood as separate from the political, and in its separation, as a strictly modern ‘phenomenon’. Prior to the modern democratic revolution, the collective order was presented through the representation of power, itself identified with both law and knowledge, and referred to a transcendent source. At a first moment, the modern democratic revolution, under the sign of the general will, renders power immanent. At a second moment, it separates (...) power from law and, above all, knowledge, such that three domains emerge, each with its own logic, its own notion of representation, its own divisions. The ‘social’, in a sense, arises between these two moments. At one level, it appears as an event in, and in consequence an object of, knowledge, once knowledge need no longer be, primarily, a knowledge of power or law, that is the enunciation of the principles by which the latter establish the order, coherence and sense of the world. At another level the ‘social’ emerges as a response to the difficulties presented by a strictly political representation of societal order–difficulties in no small part due to the revolutionaries’ inability to countenance the separation between the three domains. In this regard the ‘social’ appears as a presupposition that serves to stabilize an inherently conflictual political order. It is, however, an ‘empty’ presupposition, without determinate content, and therefore also a source of uncertainty. While this emptiness proves a stimulus for the construction of new savoirs, it also accounts for the fragility of all discourses that would speak in its name (social science, social theory, sociology). The article concludes with a few words about the ‘death of the social’. (shrink)

The Committee on Women’s Rights and Gender Equality of the European Parliament is one of the key actors within the European Union institutional framework for gender equality policies. In the context of this Committee, women’s interests are continuously being defined by discursive and deliberative processes. Civil society actors are being included into these processes of policy-making through institutional funding and public hearings. Through the inclusion of particular organizations and the selection of experts for hearings, existing meanings are being reproduced and/or (...) challenged. The article argues that battlegrounds have been opened in recent years as dominant discourses are questioned by the inclusion and legitimation of new civil society actors. Both the FEMM Committee, as a feminist stronghold, and the established women’s organizations at the EU level are being challenged. It becomes contested who the gender experts are, and diverse understandings of gender equality and women’s interests are being articulated. (shrink)

The authors suggest that social movements research should recognize more the potential of the protesting body as an agent of social and political change. This contention is based on studying the relations among the body, gender, and knowledge in social protest by comparing two Israeli-Jewish leftist protest movements, a woman-only movement and a mixed-gender one, which protested against the Israeli Occupation in the early 1990s. The comparison reveals reversed patterns of body/knowledge relations, each connoting a different meaning and outcome of (...) the social protest. In the mixed movement, the body served as an instrument in carrying out the political knowledge and thus was left unmarked. In Women in Black, on the other hand, the body was the message, as it produced and articulated political ideology, simultaneously challenging the national security legacy and the gender order in Israel. (shrink)

Although Merleau-Ponty’s early phenomenology of perception and his essays on art, politics, and language already showed an affinity between the aesthetic phenomena of expression and style and the political and cultural dynamics of society at large, this paper specifically focuses on his late theorizing of the notion of flesh and its relevance to his late understanding of politics and democracy. The emergence of flesh as a concept was contemporary to Merleau-Ponty’s break with Marxism as a philosophical model and with revolutionary (...) dialectics as a political project. It is by showing that such a break was consistently grounded on his theorizing of the being flesh of both the body and of society that this paper shows Merleau-Ponty’s unique contribution to democratic theory and to contemporary political philosophy. In the course of this analysis, it will become clear that in philosophically breaking with the position of a “no that is a yes”—i.e. the model of the revolution, which implies a total negation of the given that becomes a total affirmation of the new order (dictatorship) once in power—he would politically embrace the Weberian “heroic liberalism”—or his “non-communist left”—of parliamentary democracy. (shrink)

This article intervenes in the debate on populism and democratic reform. Assuming that neither progressive populist counter-projects nor reforms broadening participation or deepening deliberation provide an immediate and realistic solution to the problematic political condition, the article engages with John Dewey’s work and presents a democratic praxis focused on problem solving as the most promising remedy to the populist challenge. The analysis shows that Dewey conceptualizes human action as inherently focused on problem solving, which allows him to think democracy as (...) an associated activity to articulate and solve problems through public inquiry. Drawing on the critique that powerful groups prevent democratic problem solving activities, I develop his argument that a problem-centred democratic project must attach itself to ‘wants and interests that are actually operating’. Against this backdrop, the pragmatic way forward to the repression of populist authoritarianism lies in the expansion of democratic problem solving, which, I conclude, can be realized by interweaving intelligent action into the habits of democratic parties. (shrink)

What I consider in this paper are various forms of government, various technologies and discursive regimes of government that are in common use today. What interests me are the categories and tools, practical dispositifs and languages that developed over the last decades ‘to constitute, define, organize, and instrumentalize the strategies that individuals, acting freely, may use to deal with one another’ (Foucault). The paper considers first the neo-liberal wish to reassert the individual as alone in responsibility for his/her own life (...) after the unfortunate digression into Welfare Statism and Keynesian economics, source of all ills. It then focuses on some material and social technologies that encourage people to accept full and complete ‘self-sovereignty’. This section leads to a discussion on the new demands (and resistance) society imposed on this liberal normative ideal. It notably considers the growing demands to ‘participate’ in decision processes and to be environmentally friendly. In section Les Mots et Les Choses: A New Discursive Regime , it considers the discursive regime that progressively took shape and which currently permeates international governance bodies of all stripes—from the World Bank to the Conference of Parties for Climate Change. In the final section, it comes back to the initial question and considers what these changes actually mean for the democratic order as constituted over the past 250 years. (shrink)

What is the distinctive trait of the Latin American pattern of modernization? In contrast to western societies, where the debate on modernization has been dominated by the Weberian thematic of bureaucratiz-ation, the most salient feature of the Latin American developmental path is the chronic frailty of legal-constitutional arrangements. In Latin America, the process of modernization and social differentiation has not been followed by the legal stabilization of social complexity but is characterized by a low degree of juridification and institutional precariousness. (...) Drawing on insights from both Luhmann's and Habermas' theories, the article provides a critical theoretical framework for the study of the peculiarities of the Latin American modernizing path. (shrink)

A concept of civil society that stresses civil society's role in working with the state to achieve more inclusive, democratic polities provides the context for examining the implications for transnational civil society. In particular, the author examines how this perspective emphasizes the importance of the paradox that civil society cannot be understood independently of a relationship to a state. After explaining the nature of this paradox, the author discusses the various ways this paradox affects the potential for transnational civil society (...) to contribute to more inclusionary democracies that reflect new processes in the social construction of citizenship. (shrink)

The author revisits H. L. A. Hart's theory of positive law and argues for a major qualification to the thesis of the separation of law and morality based on a concept of systemic legitimacy derived from the social theory of Jurgen Habermas. He argues that standards for assessing the degree of systemic legitimacy in modern legal systems can develop through reflective exercise of “critical legality,” a concept coined to parallel Hart's “critical morality,” and an expanded understanding of the “external” and (...) “internal” perspectives on legal systems. Following Habermas, he argues that modern positive law must retain systemic legitimacy. After suggesting criteria for measuring systemic legitimacy, the author concludes that the concept provides a useful approach to contemporary problems of “lawless” regimes and “law's imperialism.”. (shrink)

In 1971, Chicano activist Armando Réndon began to chart new directions for Chicana/o politics that move away from a narrow emphasis on cultural and ethnic nationalism. He argues that urban Chicana/o neighborhoods ought develop community-based organizations to provide support services for residents and to advocate local concerns to elected officials. In the first part of this essay, I reconstruct Réndon's concept of a 'barrio union' as an example of participatory democracy. I situate his concept of neighborhood democracy within Mexican American (...) and Progressive movement history, and then highlight contemporary experiments with this model that are particularly successful in transforming traditionally marginalized individuals into active democratic participants. I then suggest that the barrio union is a repository of cultural, ethical, and political ideals that might be used by progressive Chicana/o activists to challenge the meaning of dominant institutions and political traditions within the United States, particularly the ways in which we conceive of race and American citizenship. (shrink)

The challenge of realizing the democratic power of publics through public sphere remains acute but not hopeless. While claiming that Habermas communicative social theory offers a way forward in spite of a productive but constraining turn towards a modified social liberal frame, nonetheless three limitations of the theory are identified. The first bears on the insufficiency of the sociological evolutionist description of society relevant to the public sphere drawn from classical sociological accounts of differentiation and integration. The second identifies learning (...) theoretical limitations of the normative interactionist, proceduralist account of democracy and democratization potentials. And the third observes on the disconnection between the theory of communicative reasoning from, on the one hand, the critique of pathologies of reasoning, and, on the other, from its implications for lifeworld rationalization. These identified limitations are intended to provide new impetus to radically rethink the public sphere as intrinsic to solving contemporary problems of democracy that Habermas’s more recent account of deliberative theory, with the public sphere merely supplementary, cannot fully do. Yet, with Habermas, this should be on the basis of advancing the communication theory of democracy. (shrink)

This article explores some aspects of what has been termed ‘new contractualism’ in social policy, using the Norwegian policy on poverty and social exclusion as an empirical example. An important purpose is to identify how the move to new contractualism implies new modes of controlling behaviour and to explore the ethical legitimacy of this approach. Firstly, contractualism is seen in relation to some dominating discourses in Norwegian and European social policy over the last 20–30 years, emphasizing the importance of economic (...) considerations concerning the financial sustainability of the welfare state. Secondly, the article explores some implications of contractual modes of thought for balancing rights and duties in the welfare state, concluding that the principle of a welfare contract is a euphemism for a polity that basically imposes more obligations on the recipients of welfare services. Thirdly, it elaborates on the tension field between the possible democratic benefits of contractualism and more paternalistic consequences. Although relational contracts may enhance client-influenced service provision, paternal outcomes are likely, owing to the fact that such contracts are often used as instruments for behaviour-changing efforts (e.g. to create an economically active citizen). (shrink)

This essay presents a novel approach to specifying the meaning of the concept of populism, on the political position it occupies and on the nature of populism. Employing analytic techniques of concept clarification and recent analytic ideology critique, it develops populism as a political kind in three steps. First, it descriptively specifies the stereotype of populist platforms as identified in extant research and thereby delimits the peculiar political position populism occupies in representative democracies as neither inclusionary nor fascist. Second, it (...) specifies on this basis analytically–normatively the particular stance towards liberal representative democracy (in particular towards popular sovereignty and democratic legitimacy) that unifies populism’s political position and explains how populist politics can be compelling for democratic citizens. The normative core (populist ideology) turns out to require no more than two general principles of legitimizing political authority by elections. Surprisingly, it does not need a separate anti-pluralist or exclusionary commitment: it entails it. Third, this normative model allows a response to a contested question in the theoretical discussion, namely, whether populism (properly specified) can be democracy-enhancing. The article defends the negative answer in virtue of the normative core alone and does so as much vis-à-vis a minimal (purely electoral) as vis-à-vis a normatively ambitious (liberal) conception of democracy. The reconstruction of the normative core of populist ideology enables a novel argument to show that populism is incompatible with the continued democratic legitimation of political authority even in the normatively most austere conception of ‘electoral democracy’, not just with ‘liberal democracy’. Assuming a normatively more ambitious concept of democratic legitimation in terms of political autonomy, the model also produces an extremely direct argument showing that populists cannot fulfil their promise of ‘taking back control’ over political decision-making to the population. (shrink)

In the following article, we propose an analytical framework for the analysis of Corporate Social Responsibility (CSR) Standards based on the paradigmatic nexus of voice and entitlement. We follow the theory of decentration and present the concept of Transnational Norm-Building Networks (TNNs), which — as we argue — comprise a new nexus of voice and entitlement beyond the nation—state level. Furthermore, we apply the analytical framework to the ISO 26000 initiative and the Global Compact. We conclude the article with remarks (...) on the legitimacy and the effectiveness of norms generated by TNNs. Through this, we aim to contribute a new theoretical foundation to the analysis of CSR standards, which enables us to undertake a more differentiated description of TNN structures which have hitherto been ignored in academic literature. Secondly, we will contribute to the practical debate on ISO 26000 and the Global Compact by proposing new perspectives on the conditions of their legitimacy and effectiveness based on the voice-entitlement nexus. (shrink)

The Office of Communications, established by an Act of Parliament in 2003, is a new sector wide regulator in the UK, required to further the interests of what has been termed the ‘citizen-consumer’. Using a critical discursive approach, this article charts the unfolding debate among stakeholders in the new regulatory environment as they attempt to define the interests of citizens, consumers and the citizen-consumer. Ofcom has preferred to align the terms ‘citizen’ and ‘consumer’ so that the interests of both may (...) be met, as far as possible, through an economic agenda of market regulation. Among civil society groups, there is growing concern that the citizen interest is becoming marginalized as the consumer discourse becomes more widespread. We conclude by advocating the development of a positive definition of the citizen interests, distinct from the consumer interests, for the media and communications environment. (shrink)