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Freedom of Speech and Segmenting the Citizens
Unformatted Document Text:  ICA-10-10582 10 views would gain legitimacy through fair bargains and compromises. The republican tradition, on the other hand, argues that legitimacy comes from a commitment to and agreement upon some idea of the common good (Baker, 1998, p.332). Moreover, agreement on the nature of the common good could only be reached through deliberations of virtuous citizens (p.333). As it can clearly be seen, these two traditions of democracy – liberal and republican –differ in their conceptions of pluralism, participation and common good. However, contemporary democracies have become neither of these ideal forms, although they may have emerged as a blend of both. The notion that contemporary democracies should become an amalgamation is clearly reflected in what Baker (1998) calls “complex democracy”. Baker claims that “complex democracy”, in contrast to the republican tradition, recognizes and values heterogeneity and pluralism (p.337). Similarly, in his Discourse Theory, Habermas (1998) suggests that modern democracies should combine both traditions so as to enable a democratic regime that reflects compromises between pragmatic goals and an understanding of justice (p.296). Yet, when our attention turns to consideration of privacy rights, Julie Cohen (2001) claims that the foundational principles of liberalism are far more likely to aggravate privacy problems and thereby pose a threat to individuality and pluralism, rather than solving it (pp. 2030, 2031). Yet, Cohen fails to differentiate between contemporary neoliberalism with its blend of market capitalism and liberalism in the traditional, political sense. Indeed, it would be plausible to suggest that most of the factors that have been identified as threats to privacy stem from an economic liberalism which renders itself independent from and rival to political liberalism. The convergence between republicanism and political liberalism becomes very clear in Perry’s The Future of Privacy: Private Life and Public Policy (1998). According to him, political liberalism entails not only a notion of individual rights but also a tendency to tame factions into agreeable interests. When this tendency is considered from the point of view of

Authors: Popescu, Mihaela. and Baruh, Lemi.
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ICA-10-10582
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views would gain legitimacy through fair bargains and compromises. The republican
tradition, on the other hand, argues that legitimacy comes from a commitment to and
agreement upon some idea of the common good (Baker, 1998, p.332). Moreover, agreement
on the nature of the common good could only be reached through deliberations of virtuous
citizens (p.333). As it can clearly be seen, these two traditions of democracy – liberal and
republican –differ in their conceptions of pluralism, participation and common good.
However, contemporary democracies have become neither of these ideal forms, although
they may have emerged as a blend of both. The notion that contemporary democracies
should become an amalgamation is clearly reflected in what Baker (1998) calls “complex
democracy”. Baker claims that “complex democracy”, in contrast to the republican tradition,
recognizes and values heterogeneity and pluralism (p.337). Similarly, in his Discourse
Theory, Habermas (1998) suggests that modern democracies should combine both traditions
so as to enable a democratic regime that reflects compromises between pragmatic goals and
an understanding of justice (p.296). Yet, when our attention turns to consideration of privacy
rights, Julie Cohen (2001) claims that the foundational principles of liberalism are far more
likely to aggravate privacy problems and thereby pose a threat to individuality and pluralism,
rather than solving it (pp. 2030, 2031). Yet, Cohen fails to differentiate between
contemporary neoliberalism with its blend of market capitalism and liberalism in the
traditional, political sense. Indeed, it would be plausible to suggest that most of the factors
that have been identified as threats to privacy stem from an economic liberalism which
renders itself independent from and rival to political liberalism.
The convergence between republicanism and political liberalism becomes very clear in
Perry’s The Future of Privacy: Private Life and Public Policy (1998). According to him,
political liberalism entails not only a notion of individual rights but also a tendency to tame
factions into agreeable interests. When this tendency is considered from the point of view of


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