Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (2)
- Ethics and Political Philosophy (2)
- Human Rights Law (2)
- International Law (2)
- Jurisprudence (2)
-
- Law (2)
- Law and Politics (2)
- Political Theory (2)
- Civic and Community Engagement (1)
- Civil Rights and Discrimination (1)
- Communication (1)
- Communication Technology and New Media (1)
- Comparative Methodologies and Theories (1)
- Comparative and Foreign Law (1)
- Conflict of Laws (1)
- Continental Philosophy (1)
- European Law (1)
- First Amendment (1)
- Fourteenth Amendment (1)
- Inequality and Stratification (1)
- International Relations (1)
- Interpersonal and Small Group Communication (1)
- Law and Society (1)
- Legal Studies (1)
- Legal Theory (1)
- Mass Communication (1)
Articles 1 - 3 of 3
Full-Text Articles in Arts and Humanities
The Public Sphere As Site Of Emancipation And Enlightenment: A Discourse Theoretic Critique Of Digital Communication, David Ingram, Asaf Bar-Tura
The Public Sphere As Site Of Emancipation And Enlightenment: A Discourse Theoretic Critique Of Digital Communication, David Ingram, Asaf Bar-Tura
David Ingram
Habermas claims that an inclusive public sphere is the only deliberative forum for generating public opinion that satisfies the epistemic and normative conditions underlying legitimate decision-making. He adds that digital technologies and other mass media need not undermine – but can extend – rational deliberation when properly instituted. This paper draws from social epistemology and technology studies to demonstrate the epistemic and normative limitations of this extension. We argue that current online communication structures fall short of satisfying the required epistemic and normative conditions. Furthermore, the extent to which Internet-based communications contribute to legitimate democratic opinion and will formation depends …
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram
David Ingram
It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …
Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram
Does Political Islam Conflict With Secular Democracy? Philosophical Reflections On Religion And Politics, David Ingram
David Ingram
Abstract: This paper rebuts the thesis that political Islam conflicts with secular democracy. More precisely, it examines three sorts of claims that ostensibly support this thesis: (a) The Muslim religion is incompatible with secular democracy; (b) No Muslim country has instituted secular democracy; and (c) No movement seeking to advance its agenda as aggressively as political Islam does can do so with the degree of moderation required of a political party that is committed to secular democracy. Theologians, philosophers, and political scientists have debated (a) through (c) within the jurisdiction of their respective fields. I propose to combine these debates …