scholarly journals Privacy in Public: A Democratic Defense

2020 ◽  
Vol 7 (1) ◽  
pp. 73-96
Author(s):  
Titus Stahl

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.

2021 ◽  
pp. 239965442110338
Author(s):  
David Jenkins ◽  
Lipin Ram

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.


2018 ◽  
Vol 18 (3) ◽  
pp. 41-60
Author(s):  
Tarcisio Amorim Carvalho

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.


2021 ◽  
Vol 5 (1) ◽  
pp. 137-148 ◽  
Author(s):  
Poonam Trivedi

Othello has been the play that seems to speak to current issues of racism and sexism for the last couple of decades. Recent Indian productions have stretched its relevancies further, particularly addressing the politics of identity, of individual and state, of belonging and othering. The 2014 award-winning Assamiya film Othello (We Too Have Our Othellos) appropriates and radicalizes the main concerns of the play to embody and critique the movements for self-determination that continue to rage in the state. The article examines this unusual Indian adaptation of Shakespeare that locates the play directly within the public sphere of the politics of the state through its singular focus on Othello as an ‘outsider’ figure paralleled by other such figures of contemporary Assamese society. It will contextualize the discussion of this film, its production and positioning within the film industry of Assam and attempt to define the nature of its adaptation. It will also glance at its similarities with the earlier film In Othello (2003), which too connected Shakespeare and Assam to illustrate the volatile configurations of the outsider/insider status in contemporary India.


2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Cornelia Brantner ◽  
Helena Stehle

In the digital age, calls for transparency and openness as well as for privacy and confidentiality prevail: Struggles for visibility occur simultaneously with conflicts regarding invisibility and hidden battles for power and privileges of interpretation. Concerns about a loss of digital self-determination exist, just like those regarding the “right to be forgotten” or the right to become invisible and unseen. While the idea of a “transparent user” – as the ultimate notion of (in)voluntary visibility – has caused a broad outcry in society and in scientific debates a few years ago (Palfrey & Gasser, 2008), the discussion has shifted toward considerations of Internet governance and regulation (Camenisch, Fischer-Hübner, & Hansen, 2015). Brighenti (2010, p. 109) has pointed out that visibility has long been one of the key aspects “associated with the public sphere” and that in today’s digitized publics, the “project of democracy can no longer be imagined without taking into account visibility and its outcomes” (Brighenti, 2010, p. 189). Visibility and invisibility, along with their societal outcomes, are increasingly being discussed and analyzed, as they are becoming important dimensions in the accurate description and explanation of digital communication.


Author(s):  
Lilian Mitrou ◽  
Maria Karyda

This chapter addresses the issue of electronic workplace monitoring and its implications for employees’ privacy. Organizations increasingly use a variety of electronic surveillance methods to mitigate threats to their information systems. Monitoring technology spans different aspects of organizational life, including communications, desktop and physical monitoring, collecting employees’ personal data, and locating employees through active badges. The application of these technologies raises privacy protection concerns. Throughout this chapter, we describe different approaches to privacy protection followed by different jurisdictions. We also highlight privacy issues with regard to new trends and practices, such as teleworking and use of RFID technology for identifying the location of employees. Emphasis is also placed on the reorganization of work facilitated by information technology, since frontiers between the private and the public sphere are becoming blurred. The aim of this chapter is twofold: we discuss privacy concerns and the implications of implementing employee surveillance technologies and we suggest a framework of fair practices which can be used for bridging the gap between the need to provide adequate protection for information systems, while preserving employees’ rights to privacy.


2016 ◽  
Vol 19 (12) ◽  
pp. 1983-2002 ◽  
Author(s):  
Shuzhe Yang ◽  
Anabel Quan-Haase ◽  
Kai Rannenberg

Since the ruling of the European Court of Justice, the right to be forgotten has provided more informational self-determination to users, whilst raising new questions around Google’s role as arbiter of online content and the power to rewrite history. We investigated the debate that unfolded on Twitter around the #righttobeforgotten through social network analysis. The results revealed that latent topics, namely Google’s role as authority, alternated in popularity with rising and fading flare topics. The public sphere, or Öffentlichkeit, that we observed resembles the traditional one, with elite players such as news portals, experts and corporations participating, but it also differs significantly in terms of the underlying mechanisms and means of information diffusion. Experts are critical to comment, relay and make sense of information. We discuss the implications for theories of the public sphere and examine why social media do not serve as a democratising tool for ordinary citizens.


Hypatia ◽  
2015 ◽  
Vol 30 (4) ◽  
pp. 794-810 ◽  
Author(s):  
Susan Dieleman

The deliberative turn in political philosophy sees theorists attempting to ground democratic legitimacy in free, rational, and public deliberation among citizens. However, feminist theorists have criticized prominent accounts of deliberative democracy, and of the public sphere that is its site, for being too exclusionary. Iris Marion Young, Nancy Fraser, and Seyla Benhabib show that deliberative democrats generally fail to attend to substantive inclusion in their conceptions of deliberative space, even though they endorse formal inclusion. If we take these criticisms seriously, we are tasked with articulating a substantively inclusive account of deliberation. I argue in this article that enriching existing theories of deliberative democracy with Fricker's conception of epistemic in/justice yields two specific benefits. First, it enables us to detect instances of epistemic injustice, and therefore failures of inclusion, within deliberative spaces. Second, it can act as a model for constructing deliberative spaces that are more inclusive and therefore better able to ground democratic legitimacy.


2014 ◽  
Vol 8 (1) ◽  
pp. 190 ◽  
Author(s):  
Ulrika Mårtensson

The article is a study of the Norwegian Salafi organization Islam Net, which aims at defining Islam Net in terms of recent research on European Salafism and assessing its capacity for public civic engagement. With reference to de Certeau’s concept of discourse, and Habermas’ concepts of democratic legitimacy and religion in the public sphere, it is found that Islam Net’s capacity for civic engagement is severely restricted by its non-acceptance of human rights-based values, since this non-acceptance justifies for public institutions to deny the organization presence and refuse dialogue with Islam Net. From Habermas’ viewpoint this is a potential democratic deficiency, since it may weaken the legitimacy of democracy among Islam Net’s members.


Author(s):  
Lilian Mitrou

This chapter addresses the issue of electronic workplace monitoring and its implications for employees’ privacy. Organisations increasingly use a variety of electronic surveillance methods to mitigate threats to their information systems. Monitoring technology spans different aspects of organisational life, including communications, desktop and physical monitoring, collecting employees’ personal data, and locating employees through active badges. The application of these technologies raises privacy protection concerns. Throughout this chapter, we describe different approaches to privacy protection followed by different jurisdictions. We also highlight privacy issues with regard to new trends and practices, such as teleworking and use of RFID technology for identifying the location of employees. Emphasis is also placed on the reorganisation of work facilitated by information technology, since frontiers between the private and the public sphere are becoming blurred. The aim of this chapter is twofold: we discuss privacy concerns and the implications of implementing employee surveillance technologies and we suggest a framework of fair practices which can be used for bridging the gap between the need to provide adequate protection for information systems, while preserving employees’ rights to privacy.


2019 ◽  
pp. 1-22
Author(s):  
Blake Emerson

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.


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