A co-original approach towards law-making in the internet age

There is an increasing interest in incorporating significant citizen participation into the law-making process by developing the use of the internet in the public sphere. However, no well-accepted e-participation model has prevailed. This article points out that, to be successful, we need critical reflection of legal theory and we also need further institutional construction based on the theoretical reflection. Contemporary dominant legal theories demonstrate too strong an internal legal point of view to empower the informal, social normative development on the internet. Regardless of whether we see the law as a body of rules or principles, the social aspect is always part of people’s background and attracts little attention. In this article, it is advocated that the procedural legal paradigm advanced by Jürgen Habermas represents an important breakthrough in this regard. Further, Habermas’s co-originality thesis reveals a neglected internal relationship between public autonomy and private autonomy. I believe the co-originality theory provides the essential basis on which a connecting infrastructure between the legal and the social could be developed. In terms of the development of the internet to include the public sphere, co-originality can also help us direct the emphasis on the formation of public opinion away from the national legislative level towards the local level; that is, the network of governance.1 This article is divided into two sections. The focus of Part One is to reconstruct the co-originality thesis (section 2, 3). This paper uses the application of discourse in the adjudication theory of Habermas as an example. It argues that Habermas would be more coherent, in terms of his insistence on real communication in his discourse theory, if he allowed his judges to initiate improved interaction with the society. This change is essential if the internal connection between public autonomy and private autonomy in the sense of court adjudication is to be truly enabled. In order to demonstrate such improved co-original relationships, the empowering character of the state-made law is instrumental in initiating the mobilization of legal intermediaries, both individual and institutional. A mutually enhanced relationship is thus formed; between the formal, official organization and its governance counterpart aided by its associated ‘local’ public sphere. Referring to Susan Sturm, the Harris v Forklift Systems Inc. (1930) decision of the Supreme Court of the United States in the field of sexual harassment is used as an example. Using only one institutional example to illustrate how the co-originality thesis can be improved is not sufficient to rebuild the thesis but this is as much as can be achieved in this article. In Part Two, the paper examines, still at the institutional level, how Sturm develops an overlooked sense of impartiality, especially in the derivation of social norms; i.e. multi-partiality instead of neutral detachment (section 4). These two ideas should be combined as the criterion for impartiality to evaluate the legitimacy of the joint decision-making processes of both the formal official organization and ‘local’ public sphere. Sturm’s emphasis on the deployment of intermediaries, both institutional and individual, can also enlighten the discourse theory. Intermediaries are essential for connecting the disassociated social networks, especially when a breakdown of communication occurs due to a lack of data, information, knowledge, or disparity of value orientation, all of which can affect social networks. If intermediaries are used, further communication will not be blocked as a result of the lack of critical data, information, knowledge or misunderstandings due to disparity of value orientation or other causes. The institutional impact of the newly constructed co-originality thesis is also discussed in Part Two. Landwehr’s work on institutional design and assessment for deliberative interaction is first discussed. This article concludes with an indication of how the ‘local’ public sphere, through e-rulemaking or online dispute resolution, for example, can be constructed in light of the discussion of this article

Networked Individualism of Urban Residents: Discovering the Communicative Ecology in Inner-City Apartment Buildings

Certain patterns of interaction between people point to networks as an adequate conceptual model to characterise some aspects of social relationships mediated or facilitated by information and communication technology. Wellman proposes a shift from groups to networks and describes the ambivalent nature inherent in an ego-centric yet still well-connected portfolio of sociability with the term ‘networked individualism’. In this paper we use qualitative data from an action research study of social networks of residents in three inner-city apartment buildings in Australia to provide empirical grounding for the theoretical concept of networked individualism. However, this model focuses on network interaction rather than collective interaction. We propose ‘communicative ecology’ as a concept which integrates the three dimensions of "online and offline", "global and local" as well as "collective and networked". We present our research on three layers of interpretation (technical, social and discursive) to deliver a rich description of the communicative ecology we found, that is, the way residents negotiate membership, trust, privacy, reciprocity, permeability and social roles in person-to-person mediated and direct relationships. We find that residents seamlessly traverse between online and offline communication; local communication and interaction maintains a more prominent position than global or geographically dispersed communication; and residents follow a dual approach which allows them to switch between collective and networked interaction depending on purpose and context

Online reverse discourses? Claiming a space for trans voices

In recent years, online media have offered to trans people helpful resources to create new political, cultural and personal representations of their biographies. However, the role of these media in the construction of their social and personal identities has seldom been addressed. Drawing on the theoretical standpoint of positioning theory and diatextual discourse analysis, this paper discusses the results of a research project about weblogs created by Italian trans women. In particular, the aim of this study was to describe the ways online resources are used to express different definitions and interpretation of transgenderism, transsexuality and gender transitioning. We identified four main positioning strategies: \u201cTransgender\u201d, \u201cTranssexual before being a woman\u201d, \u201cA woman who was born male\u201d and \u201cJust a normal woman\u201d. We conclude with the political implications of the pluralization of narratives about gender non-conformity. Specifically, we will highlight how aspects of neoliberal discourses have been appropriated and rearticulated in the construction of gendered subjectivities

Discriminação baseada no peso: representações sociais de internautas sobre a gordofobia

The concept of fat phobia has been usually used to define ways of discrimination towards overweight bodies. The present work aimed to know the social representations of fat phobia elaborated by internet users. A documental research was conducted based on internet comments on an article about fat phobia published by the Superinteressante magazine. Selected opinions comprised a textual corpus which was submitted to a lexical analysis through IRAMUTEQ, revealing five thematic classes: (i) "Health as discourse to justify discrimination", (ii) "Fat versus Slim: instituting differences", (iii) "Weight loss: reinforcement versus deconstruction of the standard", (iv) "Fat phobia: invention or reality?" and (v) "Fat phobia and the (in)appropriateness of affirmative actions". Anchored on the technical and scientific argument which affirms that obesity is an epidemic disease, the representations of internet users legitimized discrimination and prejudice processes against overweight people. Moreover, ironic propositions against quota policy for overweight people showed a dissatisfaction about the existence of affirmative actions that promote equality among social groups, ratifying the idea that the privileges cannot be granted to “inferior groups” or depreciated groups, and these groups, in order to be respected by society, should try to fit their bodies into the refined standard. In this context, aiming to make fat phobia an irrelevant topic, disqualifying the magazine’s approach on this topic, representational strategies directed to deny its existence by comparing suffering between groups or setting differences (fats x thins) was observed. Considering the lack of researches about discrimination against overweight in Brazil, other studies on this topic are suggested

ECOSENSUS: developing collaborative learning systems for stakeholding development in environmental planning

ECOSENSUS *(Electronic/Ecological Collaborative Sensemaking Support System) investigates the socio-technological issues around developing collaboration tools for participatory environmental decision making amongst (a) marginalised natural resource users, (b) professional 'experts' from different countries, and (c) key decision makers associated with managing ecosystems. An integral activity is the production of open content learning resources to support stakeholders in facilitating distributed environmental decision making. This involves the integrated use of three open source software tools: Moodle (online course management), Compendium (dialogue mapping) and uDig (user friendly desktop/internet GIS). In the first ECOSENSUS-1 phase, the pilot collaborative effort has been focused on supporting stakeholders in developing adaptive management plans for the Rupununi Wetlands in southern Guyana, a region rich in flora and fauna but also under intense pressure to expand the exploitation of its natural resources, including timber, gold, and commercially viable fish species. Results of the ECOSENSUS-1 are briefly described along with some preliminary notes on the current ECOSENUS-2 phase of associated research in Guyana supported by an additional grant from DEFRA. The paper prompts questions on how ECOSENSUS can feed into wider open source course development using the LabSpace on the OpenLearn project

Beyond information: factors in participation in networks of practice, a case study of web management in UK Higher Education

Purpose To explore the pattern and significance of cross-organizational ties in an emergent professional field, web production in UK Higher Education. Methodology/Approach The research is based on in-depth interviews with 21 practitioners and analysis of activity in cross-organizational spaces, such as an online community and a series of annual practitioner conferences on the web in HE (1997-). Findings The cross organizational spaces have support and symbolic roles as well as informational ones. They have overlapping but different membership and agendas. Key factors that govern individual participation and so the shape of cross-organizational spaces are differential involvement in technical innovation, degree of organizational embedding or marginality, differences in organizational position and role, orientation towards centralisation or decentralisation and orientation towards marketing or IT. There is some sense of occupational community among web managers, but within that also diversity and a significant fracture line between marketing and IT perspectives on the role. This may explain the lack of formal professionalization. As a more natural boundary practice between organizations than marketing, IT has more public visibility, possibly influencing the course jurisdictional struggles over who should control the web. Research limitations/implications As a heavily contextualised study, its detail reflects particular features of HE in the UK at one period as well as specific aspects of the web as a technology. Nevertheless, underlying factors which seem to influence participation and non-participation in cross-organizational networks may be generalisable to many occupations, particularly where knowledge is rapidly changing. Practical implications Some suggestions about how cross-organizational knowledge sharing is most effectively supported can be derived from the analysis. IT is a natural focus for cooperation, but there is a risk of this masking the importance of other professional practices. Efforts at formal professionalization may be devisive because people have different professional ambitions and there are individual and organizational benefits in not professionalizing the role formally. New practitioners may be the most active in using extra-organizational networks to assist them to become more embedded locally. Old hands, though they have high prestige and centrality, may increasingly take their own path away from the community. Aspects of local roles such as involvement in innovation or decentralist strategies favour participation in cross-organizational networks. Originality/value of paper Most studies of knowledge sharing have focussed on the factors which influence it within an organization, yet cross-organizational sharing is also of importance, even for established professions as the boundaries of organizations become more open. For new occupations cross-organizational ties may be a critical resource, and not only for sharing information or support, but for making sense of what the job is about at the deepest level. The research is also original in analysing a relatively little researched occupational group, those producing web sites for a living. It will be relevant to those interested in online and people centred information seeking, in professionalization and occupational identity

Intervención internacional a través de los medios de comunicación en sociedades posguerra: Perspectivas a partir de las epistemologías del sur

Over the past two decades, international intervention in post-war settings has strictly followed liberal assumptions and practices. Efforts to build and shape the media in the aftermath of armed conflict are no exception. In setting the foundations for the rule of law, liberal democracy and free market, external actors have (re)defined what constitutes the mediascape – that is, the various spheres of communication within public discourse – and how to (re)construct it. Imprinted with modernity’s tenets and western assumptions about the public space, this approach has understood the mediascape narrowly as limited to traditional, established, liberal media, serving to validate particular actors and processes whilst obscuring, neglecting and shutting off global diversity. Law and technology, this paper argues, are the two main axes through which legitimation and exclusion are effected. A myopic focus on legal and technological aspects of the media reduces a rich space of local discourses, norms and practices to western-like media legislation, training and outlets, narrowing in turn the sites for addressing violence and building peace.Durante las últimas dos décadas, la intervención internacional en contextos posguerra ha seguido estrictamente los supuestos y prácticas liberales. Los esfuerzos para construir y dar forma a los medios de comunicación después de los conflictos armados no son una excepción. Al sentar las bases del estado de derecho, de la democracia liberal y del libre mercado, los actores externos han definido lo que constituye el paisaje mediático, es decir, las diversas esferas de la comunicación en el discurso público y cómo reconstruirlo. Imbuido con los principios de la modernidad y los supuestos occidentales sobre el espacio público, este enfoque ha entendido el panorama mediático estrechamente como limitado a los medios tradicionales, establecidos y liberales, sirviendo para validar actores y procesos particulares mientras oscurece, descuida y cierra la diversidad global. El derecho y la tecnología, sostiene este documento, son los dos ejes principales a través de los cuales se efectúan la legitimación y la exclusión. Un enfoque miope en los aspectos legales y tecnológicos de los medios de comunicación que reduce un rico espacio de discursos, normas y prácticas locales a la legislación, la formación y los medios de comunicación de los medios occidentales, reduciendo a su vez los sitios para abordar la violencia y construir la paz

Challenging Social Cognition Models of Adherence:Cycles of Discourse, Historical Bodies, and Interactional Order

Attempts to model individual beliefs as a means of predicting how people follow clinical advice have dominated adherence research, but with limited success. In this article, we challenge assumptions underlying this individualistic philosophy and propose an alternative formulation of context and its relationship with individual actions related to illness. Borrowing from Scollon and Scollon’s three elements of social action – “historical body,” “interaction order,” and “discourses in place” – we construct an alternative set of research methods and demonstrate their application with an example of a person talking about asthma management. We argue that talk- or illness-related behavior, both viewed as forms of social action, manifest themselves as an intersection of cycles of discourse, shifting as individuals move through these cycles across time and space. We finish by discussing how these dynamics of social action can be studied and how clinicians might use this understanding when negotiating treatment with patients