Introduction

2019 ◽  
pp. 1-22
Author(s):  
Blake Emerson
Keyword(s):  
Public Sphere ◽  
Critical Analysis ◽  
Administrative Law ◽  
Democratic Legitimacy ◽  
Institutional History ◽  
Administrative State ◽  
Modern Democracy ◽  
The Public ◽  
The Public Sphere ◽  
Historical Moment

This chapter introduces the basic problem and thesis of the book. The problem is that modern democracy requires administration by unelected officials and bodies, but such administration often appears undemocratic. The thesis is that the administrative state should be structured to empower the public sphere. This thesis grows out of the American Progressives’ democratization of Hegelian political philosophy. Their view is particularly important in our historical moment, when the Trump administration has attempted the “deconstruction the administrative state.” The Introduction situates the Progressive theory in relation to major critiques of bureaucracy from Tocqueville, Arendt, and Foucault. It describes the book’s method of “reconstructive” political theory, where normative commitments develop out of a critical analysis of intellectual and institutional history. It then describes how the book ties in with recent work on administrative law and democratic legitimacy from scholars such as Karen Orren and Stephen Skowronek, Jon Michaels, Adrian Vermeule, and K. Sabeel Rahman.

17 The Transformation of the Administrative State and Administrative Law

2017 ◽  
Author(s):  
Auby Jean-Bernard
Keyword(s):  
Public Sphere ◽  
Public Spaces ◽  
Administrative Law ◽  
Evolutionary Trends ◽  
Administrative State ◽  
Domestic Sphere ◽  
The Public ◽  
The Public Sphere ◽  
The Impact ◽  
The Relationship

This chapter investigates four lines of transformation and the impact they have had — and still have — on European administrative laws. These are the evolutionary trends regarding the relationship between the public sphere and society, between public spaces and private ones, between the state and the market, and, finally, between the international and the domestic sphere. The chapter first considers how the administrative state and related orders of administrative law came into being in Europe. It then questions the factors and the main lines of transformation in contemporary evolutions, before considering the impact these evolutions have on the intellectual paradigms that are applied in administrative laws' theorization. Finally, the chapter addresses the future of the main models of administrative law.

‘Party in the street’: The partisan politics of space

2021 ◽  
pp. 239965442110338
Author(s):  
David Jenkins ◽  
Lipin Ram
Keyword(s):  
Public Sphere ◽  
Public Space ◽  
State Power ◽  
Public Spaces ◽  
The State ◽  
Political Community ◽  
Democratic Legitimacy ◽  
Partisan Politics ◽  
The Public ◽  
The Public Sphere

Public space is often understood as an important ‘node’ of the public sphere. Typically, theorists of public space argue that it is through the trust, civility and openness to others which citizens cultivate within a democracy’s public spaces, that they learn how to relate to one another as fellow members of a shared polity. However, such theorizing fails to articulate how these democratic comportments learned within public spaces relate to the public sphere’s purported role in holding state power to account. In this paper, we examine the ways in which what we call ‘partisan interventions’ into public space can correct for this gap. Using the example of the Communist Party of India (Marxist) (CPIM), we argue that the ways in which CPIM partisans actively cultivate sites of historical regional importance – such as in the village of Kayyur – should be understood as an aspect of the party’s more general concern to present itself to citizens as an agent both capable and worthy of wielding state power. Drawing on histories of supreme partisan contribution and sacrifice, the party influences the ideational background – in competition with other parties – against which it stakes its claims to democratic legitimacy. In contrast to those theorizations of public space that celebrate its separateness from the institutions of formal democratic politics and the state more broadly, the CPIM’s partisan interventions demonstrate how parties’ locations at the intersections of the state and civil society can connect the public sphere to its task of holding state power to account, thereby bringing the explicitly political questions of democratic legitimacy into the everyday spaces of a political community.

scholarly journals Privacy in Public: A Democratic Defense

2020 ◽  
Vol 7 (1) ◽  
pp. 73-96
Author(s):  
Titus Stahl
Keyword(s):  
Public Sphere ◽  
Privacy Protection ◽  
Self Determination ◽  
Democratic Legitimacy ◽  
Political Speech ◽  
The Public ◽  
The Public Sphere

AbstractTraditional arguments for privacy in public suggest that intentionally public activities, such as political speech, do not deserve privacy protection. In this article, I develop a new argument for the view that surveillance of intentionally public activities should be limited to protect the specific good that this context provides, namely democratic legitimacy. Combining insights from Helen Nissenbaum’s contextualism and Jürgen Habermas’s theory of the public sphere, I argue that strategic surveillance of the public sphere can undermine the capacity of citizens to freely deliberate in public and therefore conflicts with democratic self-determination.

The NGOization of Space: Dilemmas of Social Change, Planning Policy, and the Israeli Public Sphere

10.1068/d459t ◽  
2007 ◽  
Vol 25 (4) ◽  
pp. 745-758 ◽  
Author(s):  
Haim Yacobi
Keyword(s):  
Social Change ◽  
Public Sphere ◽  
Critical Analysis ◽  
Critical Reading ◽  
Production Of Space ◽  
The Public ◽  
Planning Policy ◽  
Strategic Goals ◽  
The Public Sphere

This paper offers a critical analysis of the role of nongovernmental organizations (NGOs) that deal with planning policy in general and in Israel in particular. The inherent dilemmas of the different NGOs' tactics and strategies in reshaping the public sphere are examined, based on a critical reading of Habermas's conceptualization of the public sphere. The main objective of this paper is to investigate to what extent, and under which conditions, the NGOization of space—that is, the growing number of nongovernmental actors that deal with the production of space both politically and tangibly—has been able to achieve strategic goals which may lead towards social change.

scholarly journals Religious Establishment According to a Substantive Ethics of Political Justice

2018 ◽  
Vol 18 (3) ◽  
pp. 41-60
Author(s):  
Tarcisio Amorim Carvalho
Keyword(s):  
Public Sphere ◽  
Democratic Legitimacy ◽  
Moral Norms ◽  
Political Justice ◽  
The Public ◽  
Principles Of Justice ◽  
The Public Sphere ◽  
Substantive Ethics ◽  
Religious Establishment ◽  
The Relationship

Contemporary political theorists often disagree on whether or not religious establishment is justified in liberal states, even when its existence does not constitute a hindrance to the basic rights of citizens. In this article, I contend that religious established does not raise issues of democratic legitimacy, by showing that political frameworks of justice are entangled with substantive conceptions of the good and ethical forms of life. Then, drawing on Jürgen Habermas’s latest works on the relationship between religion and the public sphere, and Maeve Cooke’s readings thereof, I argue that religious symbols can contribute to the creation of meaningful imaginaries that inform moral norms and principles of justice. After this, I recall Axel Honneth’s conception of “struggles for recognition”, demonstrating that the recognition of specific collective traits, including religious, is necessary to provide citizens with a sense of worth and esteem.

Conclusion

2020 ◽  
pp. 224-228
Author(s):  
Emmanuel Taïeb
Keyword(s):  
Public Sphere ◽  
State Violence ◽  
Self Control ◽  
The Public ◽  
Civilizing Process ◽  
Key Points ◽  
The Republic ◽  
The Public Sphere ◽  
Public Executions ◽  
Historical Moment

This concluding chapter summarizes the key points of the book. The year 1939, when executions moved behind prison walls and thus definitively exited the public stage, marked the beginning of remote governance, a new stage in the transformation of the public sphere: power no longer had to manifest itself directly, but could instead use various media platforms to assert itself. The disappearance of public executions also signaled the advent of the civilizing process, which sought to conceal anything that might provoke anxiety or negative emotions. The criticism levied at, and the final disappearance of, public executions illustrates a historical moment when a technology of power was gradually modified, eliminated, and concealed thanks to the efforts of the elites as well as, most likely, to the efforts of executionary spectators, because the emotions that executions unleashed were in contradiction with society's desire to reject violence. The elimination of publicity did not resolve the problem of violence in the Republic nor immediately solve the issue of the death penalty, which would drag on for another four decades, but it did demonstrate that people were no longer willing to tolerate a certain kind of state violence. It also revealed a phase in the evolution of the psychological landscape in which self-control came to be determined by the authorities and their instruments.

scholarly journals INDONESIAN MUFASSIR PERSPECTIVE ON GENDER EQUALITY: STUDY ON TAFSIR AL-MISBAH, TAFSIR AL-AZHAR, AND TAFSIR MARĀH LABĪD

2021 ◽  
Vol 1 (2) ◽  
pp. 74-102
Author(s):  
Ach Zayyadi ◽  
Alvina Amatillah ◽  
Dwiki Oktafiana Wirendri
Keyword(s):  
Public Sphere ◽  
Paradigm Shift ◽  
Critical Analysis ◽  
Women's Leadership ◽  
Physical Strength ◽  
The Public ◽  
Sociological Factors ◽  
Clear Explanation ◽  
The Status ◽  
The Public Sphere

This article aims to figure out Indonesian commentators perspectives on the position of women in the domestic and public sphere. This research comes from the question; Has the patriarchal identity that existed in Indonesia influenced Indonesian commentators perspectives in interpreting the Koran?  And what is Indonesian commentators perspective on women’s leadership in the public sphere? With the literary method and critical analysis of their works, tafsīr al-Misbah, Tafsīr al-Azhar, and Tafsīr Marāh} Labīd, this research resulted in the following findings and conclusions. First, in essence, the three Indonesian commentators did not give permission to women to become leaders in the household, even they have different reasons. Nawāwī al-Bantānī considers men to be leaders for their wives, because men has the potential to educate them, has intellectual and physical strength. Hamka gave consideration to Indonesian traditions and culture. Meanwhile, Quraish Shihab argues that a man is the leader over his wife because of the psychological and character considerations of men who are more assertive. Second, regarding women’s leadership in the public sphere, Quraish Shihab and Hamka allow women to become leaders for men as long as they have sufficient criteria. Meanwhile al-Nawāwī did not provide a clear explanation of the status of women’s leadership in the public sphere. The findings in this study also confirm that, in addressing the problem of women, the Indonesian commentators has a paradigm shift from time to time, this is due to sociological factors and conditions surrounding the interpreter.

scholarly journals A Critical Analysis of the Public Sphere in the Digital Age: The Case of the Petrocaribe Challenge Movement

Etkileşim ◽  
2021 ◽  
Vol 4 (8) ◽  
pp. 90-107
Author(s):  
Marc-Henry Pierre ◽  
Mehmet Güzel
Keyword(s):  
Social Media ◽  
Political Economy ◽  
Public Sphere ◽  
Critical Discourse Analysis ◽  
Political Communication ◽  
Critical Analysis ◽  
Social Inequalities ◽  
The Public ◽  
Research Findings ◽  
The Public Sphere

While studies that address the relationship between social media and social movements generally use the functionalist paradigm, the critical analysis of the public sphere in the era of distributed media emphasizes the importance of political economy and political communication. Based on the critical political economy analysis of distributed media, this study examined the Twitter-mediated protest "Petrocaribe Challenge" in relation to a possible political public sphere in Haiti. To this end, a qualitative method based on critical discourse analysis was used in the study. Also, 163 tweets purposely selected by the researchers were analyzed. The research findings showed that the Twitter-mediated Petrocaribe Challenge is a political protest with no leadership and a significant lack of online engagement and communication. Besides, the study found that in a political sphere characterized by extreme social inequalities, universal participation is crucial to the formation of a critical public sphere. Although most educated people in Haiti use social media, the majority of Haitians do not have access to these online platforms, which goes against the principles of the public sphere. While the findings of the present study do not allow for generalization, they make up a significant contribution to the critical analysis of social media as a public sphere

scholarly journals The influence of Globalization on National Administrative Law: International Legal discourse

1970 ◽  
pp. 126-132
Author(s):  
Olesya Radyshevska
Keyword(s):  
Human Rights ◽  
Public Sphere ◽  
Public Administration ◽  
Human Life ◽  
Global Scale ◽  
Administrative Law ◽  
Global Dimension ◽  
Public And Private ◽  
The Public ◽  
The Public Sphere

The present article provides the analyses of the influence of globalization on national administrative law. It is noted that the modern era of civilizational development is an era of globalization, encompassing the dynamic development of international integration processes in all directions of human life, particular, in the public sphere, which is regulated by the rules of administrative law through the prism of the values of the rule of law. In order to resolve the issues of realization and protection of human rights in the public sphere (in the global dimension) the concept of Global Administrative Law emerged. This concept encompasses the combination of legal rules, principles and institutional rules applicable to the process of public administration, which is carried out in ways that apply not only to domestic law but also to the structure of political power; administration takes place within the global administrative space, causing a blurring of national and international, public and private dimensions.               The author has emphasized that globalization place new demands on the system of functioning of national public administration systems, which should become an effective tool in solving complex intercultural contradictions, especially those arising in the process of harmonization of the mechanisms of joint functioning of national states in the world, and therefore harmonization of relations between the states and establishment of effective forms of cooperation, which to a certain extent can contribute to ensuring openness and transparency of the sphere of international relations.              This process not only contributes to the emergence of global administrative law, but also creates a broad, universal recognition of the principles and concepts that global administrative law requires. It is concluded that the implementation of international norms, standards, procedures that operate on a global scale will help Ukraine to gradually build a European, sovereign, independent, democratic, social, legal state, whose main responsibility is to promote and protect human rights and freedoms, where a individual, his or her life and health, honor and dignity, integrity and security will be recognized as the highest social value as an effective mechanism of human-centered concept.

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