This article discusses the role of individual rights in the production of active citizenship. In recent years, the notion of ‘active citizenship’ has become an object of research in both political and social science. Studies that draw on the Foucaultian governmentality tradition have been particularly interested in various societal discourses and practices through which active citizenship is being produced. However, the role of law and rights has been neglected or even rejected in these studies. The aim of this article is (...) thus to show that certain procedural rights, the right to participate in particular, constitute an important legal technology in the production of active citizenship. The analysis is based on the recent developments in Finnish social and health care law. It will also be argued that despite the apparently convergent subject-matter, Jürgen Habermas’s normative theory of the ‘procedural paradigm of law’ does not offer a meaningful framework in which to address the relationship between active citizenship and procedural rights since it is based on an overly narrow conception of subjectivity. (shrink)

The paper explores ways to bring the approaches of J. Habermas and M. Foucault into a productive dialogue. In particular, it argues that Habermas's concept of deliberative democracy can and should be complemented by a strategic analysis of the state as it is found in Foucault's studies of governmentality. While deliberative democracy is a critical theory of democracy that provides normative knowledge about the legitimacy of a given system, it is not well equipped to generate knowledge that could inform the (...) choice of strategies employed by actors from civil society — especially deliberative democrats — vis-à-vis the state to pursue their goals. This kind of strategic knowledge about strengths and vulnerabilities of a given state is provided by Foucault's reading of the state as driven by varying governing rationalities. Since, particularly in his later works, Habermas finds strategic action normatively acceptable under certain circumstances, I argue that societal actors could profit from an integrated approach that incorporates Foucault's strategic analysis into the framework of deliberative democracy. This approach would yield critical knowledge of both a normative and strategic, action-guiding nature. (shrink)