Regular reference is made, within the discourse around the South African Truth and Reconciliation Commission, to the fact that ubuntu, an indigenous world view, played a role in the process. This paper tries to show that despite these references, important analysts of the TRC had insufficiently accounted for this worldview in their critical readings of the Commission's work and therefore found aspects of the process incoherent and/or morally and legally confused. I am not arguing that the TRC was not a (...) deeply flawed process, but want to establish how powerfully this indigenous world view brought a coherency that not only enabled the TRC to do its work without incidences of revenge, but imbued politically and legally trapped concepts with new possibilities. The pervasiveness of this world view within eg. the second round of TRC testimonies is noticeable and show how often the critique on the TRC fails to take this dominant role into account and how many, seemingly contradictory or confusing, positions become coherent when regarded within this worldview. This view of interconnectedness, consistently expressed throughout the life of the commission, has wide implications for the interpretation of healing, the asking of amnesty, the rehabilitation of perpetrators, the interdependence of forgiveness and reconciliation in the process of achieving full personhood within a healed society. In the footsteps of Richard Bell, this paper locates this world view within a particular framework formulated as ubuntu by Desmond Tutu, as communitarianism by Kwame Gyekye, as ethnophilosophy by Paulin Hountondji etc. The paper also tries to understand how this interconnected moral self is formed and who the community could or should be that influences this moral self. South African Journal of Philosophy Vol. 27 2008: pp. 353-366. (shrink)

The field comprising both the theory and practice of struggles over recognition developed over the last 50 years in relative independence of the parallel field of deliberative and agonistic democracy. Over the last decade these two fields, in both theory and practice, have merged because courts, legislatures, ministries and rival armies around the world have often turned the reconciliation of struggles over recognition over to various institutions and practices of negotiation and deliberation. The result is the emergence of a new (...) hybrid field of recognition and dialogue. This paper is a critical examination of the emergence and the strengths and weaknesses of this new and important field of politics and law. (shrink)

Deliberative democracy grounds its legitimacy largely in the ability of speakers to participate on equal terms. Yet theorists and practitioners have struggled with how to establish deliberative equality in the face of stark differences of power in liberal democracies. Designers of innovative civic forums for deliberation often aim to neutralize inequities among participants through proportional inclusion of disempowered speakers and discourses. In contrast, others argue that democratic equality is best achieved when disempowered groups deliberate in their own enclaves before entering (...) the broader public sphere. Borrowing from each perspective, the authors argue that there are strong reasons to incorporate enclave deliberation among the disempowered within civic forums. They support this claim by presenting case study evidence showing that participants in such forums can gain some of the same benefits of deliberation found in more heterogeneous groups, can consider a diversity of viewpoints rather than falling into groupthink and polarization, and can persuade external stakeholders of the legitimacy of the group’s deliberations. (shrink)

For contemporary democratic theorists, democracy is largely a matter of deliberation. But the recent rise of deliberative democracy (in practice as well as theory) coincided with ever more prominent identity politics, sometimes in murderous form in deeply divided societies. This essay considers how deliberative democracy can process the toughest issues concerning mutually contradictory assertions of identity. After considering the alternative answers provided by agonists and consociational democrats, the author makes the case for a power-sharing state with attenuated sovereignty and a (...) more engaged deliberative politics in a public sphere that is semidetached from the state and situated transnationally. (shrink)

Including three of his most famous and important essays,Utilitarianism, On Liberty, and Essay onBentham, along with formative selections from Jeremy Benthamand John Austin, this volume provides a uniquely perspicuous viewof Mill's ethical and political thought. Contains Mill's most famous and influential works,Utilitarianism and On Liberty as well as hisimportant Essay on Bentham. Uses the 1871 edition of Utilitarianism, the last to bepublished in Mill's lifetime. Includes selections from Bentham and John Austin, the twothinkers who most influenced Mill. Introduction written by (...) Mary Warnock, a highly respected figurein 20th-century ethics in her own right. Provides an extensive, up-to-date bibliography with the bestscholarship on Mill, Bentham and Utilitarianism. (shrink)

In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, (...) noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

This book describes a new method of consulting the public that has been tried successfully around the world. The book combines the theory of democracy with actual practice. Fishkin lays out a theory of "deliberative democracy" and shows with practical examples, how it can be realized.