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Full-Text Articles in Social and Behavioral Sciences
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 …