Habermas's conception of deliberative democracy could be fruitfully supplemented with a discussion of the "institutional design" of civil society; for example the architecture of public spaces should be considered. This paper argues that Hegel's discussion of architecture in his 'Aesthetics' can speak to this issue. For Hegel, architecture culminates in the gothic cathedral, because of how it fosters reflection on the part of the worshiper. This discussion suggests the possibility that architecture could foster a similar kind of intersubjective reflection. To (...) make his thoughts more pertinent for current debates, Hegel's views are adapted to fit three contemporary secular institutions. (shrink)

The purpose of this paper is to show that conscientious objection to military service is essentially not a dilemma of freedom of conscience versus the duty to obey the law, but above all a dilemma between two conflicting patriotic moral obligations. Furthermore, the paper demonstrates that CO is justifiable on the basis of what is known as moderate patriotism, that is, out of a patriotism which is committed simultaneously to universal and particular values. The paper begins with a critical discussion (...) of theoretical weaknesses in liberal thought of CO. Then, the concept of moderate patriotism is presented, followed by a discussion of the notion of patriotic CO. The next stage presents a step Towards A Theory of PCO to Military Service and shows how it differs from other liberal theories of disobedience. The conclusion is that if CO on patriotic grounds is morally justifiable, it follows that this is an act committed within the framework of legitimate political discourse. Therefore, PCO is politically legitimate even if it is not always legal. In other words, the discussion of PCO offers a theoretical distinction between politicallegitimacy and legality. (shrink)

The representative institutions of democratic government require the public sphere; but this in turn rests on the fellow‐feeling of citizens. In this article, I explore some recent ways of fleshing out Mill’s thought that patriotic fellow‐feeling is instrumental for a form of trust that the public sphere requires. Deliberation, argument and negotiation in the public sphere require a willingness to discuss, alter one’s position, compromise with others, and do so in good faith and in the belief that other participants are (...) broadly also taking part in the same fashion. Since politics is a realm in which interests and identities clash, we have at least a prima facie reason to worry that others may in fact not be trustworthy in the desired way. Some potential for distrust is inherent in political deliberation, since it presupposes that there is some important conflict or disagreement that needs to be overcome through discussion: in other words, that I cannot simply rely on others to further my interests for the right reasons, or at all. While trust seems inherently problematic, political dialogue in the public sphere seems to require it from those who take part. I look at four accounts of the basis of democratic trust, viz. the communitarian, the ‘societal culture’ account, the public culture account, and what is known as the ‘constitutional patriotism’ account. In outline, my argument is that all four accounts fail to explain the basis of trust in the democratic sphere. I conclude that sharing a national identity still leaves the politics of trust to be negotiated by the participants concerned. (shrink)

A key dividing line in the literature on post-national citizenship concerns the role of collective identity. While some hold that a post-national form of identity is desirable in developing citizenship in contexts such as the European Union (EU), others question the defensibility of a collective identity at this supra-national level. The aim of this article is to intervene in this debate, drawing on qualitative research to consider the extent to which post-national citizenship should be accompanied by a form of post-national (...) identity. The article takes the UK as a case study, and explores tensions between the immigration policies and rhetoric of the Coalition Government since 2010 and the post-national citizenship rights of EU citizens migrating into British local communities. It draws on independently collected qualitative data from the county of Herefordshire, UK, to argue that the persistent reinforcement of national identity reproduces national lines of difference which further problematise the full realisation of European citizenship. At a theoretical level, this highlights the need for the development of post-national citizenship rights to be accompanied by a paradigmatic shift in the way that collective identity is constituted in post-national contexts. (shrink)

Liberalism and pluralism are seen as being in tension in liberal Western nation-states, while multiculturalism, as a policy of resource allocation to minority groups, has been the standard response to pluralization. This limits the pluralist potential of a constitutional liberalism. The fusion of a liberal theory of autonomous individuality with a pluralist theory of multiple belonging has to look beyond multicultural policy in order to enhance liberal commitments to citizens through pluralist provisions. An analysis of the Indian Constitution's Fundamental Rights, (...) as a normative document, shows that the citizen can be understood as an autonomous individual given identity through belonging to a plurality of groups. Consequently, rights are taken to accrue to all citizens equally as autonomous individuals, but also by virtue of their belonging to groups, with special provisions made available for vulnerable ones. Rights for a plurality of vulnerable groups should not be seen as illiberal additions but integral to the conception of liberalism. If such a view of citizenship were to be integrated into the liberal constitutions of irreversibly pluralizing Western democracies, then a pluralistic constitutional patriotism could be fostered amongst members of vulnerable groups, while demonstrating that standard liberal rights guarantee equal citizenship for all. (shrink)

Political theorists tend to dismiss the concept of constitutional patriotism for two main reasons. On the one hand, constitutional patriotism — understood as a post-national, universalist form of democratic political allegiance — is rejected on account of its abstract quality. On the otherhand, it is argued that constitutional patriotism, while apprearing universalist, is in fact particular through and through. According to this genealogical critique, it is held that constitutional patriotism might have been appropriate in the context when it originated — (...) namely West Germany, a half-nation with a deeply compromised sense of nationality on account of the Nazi past — but it is not universally applicable. This article reconstructs the origins of constitutional patriotism arguing that both the ‘protective’ and state-centred patriotism of Dolf Sternberger, and the ‘purifying’ patriotism of Jurgen Habermas — focused mainly on the public sphere — can indeed be understood as relying on ‘supplements of particularily’. However, there are also normative connections between universalist constitutional morality and militant democracy on the one hand, and universalist constitutionalist morality and an imperative to remember on the other. Thus, the genealogical critique by itself is insufficient to invalidate the idea of constitutional patriotism. (shrink)

Political theorists tend to dismiss the concept of constitutional patriotism for two main reasons. On the one hand, constitutional patriotism — understood as a post-national, universalist form of democratic political allegiance — is rejected on account of its abstract quality. On the otherhand, it is argued that constitutional patriotism, while apprearing universalist, is in fact particular through and through. According to this genealogical critique, it is held that constitutional patriotism might have been appropriate in the context when it originated — (...) namely West Germany, a half-nation with a deeply compromised sense of nationality on account of the Nazi past — but it is not universally applicable. This article reconstructs the origins of constitutional patriotism arguing that both the ‘protective’ and state-centred patriotism of Dolf Sternberger, and the ‘purifying’ patriotism of Jurgen Habermas — focused mainly on the public sphere — can indeed be understood as relying on ‘supplements of particularily’. However, there are also normative connections between universalist constitutional morality and militant democracy on the one hand, and universalist constitutionalist morality and an imperative to remember on the other. Thus, the genealogical critique by itself is insufficient to invalidate the idea of constitutional patriotism. (shrink)

In this article, I argue that political philosophers like Rawls and Habermas that characterize their methods as non-metaphysical or postmetaphysical depend on constitutions in order to provide a positive and public reference point for democratic participants. Michelman shows how this dependency is problematic, by contending that disagreement about the meaning of constitutional rights and the indeterminacy of their application undermines the rationality of consensus. I argue that his concerns raise serious problems for Rawls’ theory. Habermas, on the other hand, has (...) some tools to deal with Michelman’s critique — namely, his distinction between discourses of justification and application, and his idea of constitutional patriotism — but he must concede that much of the substance of constitutional democracy is basically up for grabs. I conclude by suggesting why these consequences are less threatening than they may seem. (shrink)