The development of the theory of deliberative democracy is connected to the completion of two tasks. The first is to combine broad political participation with the rationality of the political process. The second is to ensure the political unity of modern societies, which are characterized by a pluralism of often incompatible values, norms, and lifestyles. Within the framework of this theory, the key democratic procedure is rational deliberation open to all interested parties. The purpose of this procedure is to reach (...) an agreement, as stated in the theory of Jurgen Habermas. However, experimental studies of deliberative practices show that they may result not in agreement but in the radicalization of positions. Unlike Habermas, John Rawls believes that a consensus on values and norms is unattainable. His theory of political liberalism attempts to answer the question of how political unity is possible in practically insoluble conflict, that is, in a situation of disagreement. He proposes the ideal of a well-ordered society with the assumption that a just society is one in which there is no agreement on comprehensive doctrines, but there is a consensus on the basic principles of justice. However, Rawls’s theory, in turn, faces a number of significant problems. For example, he was forced to admit that the democratic culture of society is a prerequisite for the formation of basic principles of justice in a well-ordered society. Rawls’s idea about the connections among disagreement, political freedom, and democracy influenced the further development of the theory of democracy, stimulating the search for different models of decision-making and the formation of political will without rational agreement. After all, the possibility of democracy lies in the conflict of ideas about justice and good. (shrink)

This article examines the role of class divisions in critical social theory through Habermas’ theory of law and democracy. It begins with Hegel’s view that social freedom involves reconciliation with the modern division of labor, which in turn requires membership in ‘estates’, and his thoughts on their role in the state. While subsequent Left Hegelian thinkers reject these institutions as authoritarian, the melancholic tenor of much Frankfurt School social theory stems partly from their view that class divisions are not only (...) entrenched, but also ‘latent’ and therefore not amenable to reconciliation through the political process that Hegel envisions. Habermas’ conception of ‘interchange roles’ between the system and the lifeworld as sites of reification, but potentially of democratic contestation, synthesizes these lines of thought, by conceptualizing how the political mediation of class-based interests can be an ongoing possibility amidst a condition of latent class conflict. (shrink)

The hypothesis of this paper is that legal positivism depends on the non plausibility of strong moral cognitivism because of the non necessary connection thesis between law and morality that legal positivism is supposed to acknowledge. The paper concludes that only when based on strong moral cognitivism is it consistent to sustain the typical non-positivistic thesis of the necessary connection between law and morality. Habermas’s Philosophy of law is confronted with both positions.

World Crisis and Underdevelopment examines the impact of poverty and other global crises in generating forms of structural coercion that cause agential and societal underdevelopment. It draws from discourse ethics and recognition theory in criticizing injustices and pathologies associated with underdevelopment. Its scope is comprehensive, encompassing discussions about development science, philosophical anthropology, global migration, global capitalism and economic markets, human rights, international legal institutions, democratic politics and legitimation, world religions and secularization, and moral philosophy in its many varieties.

Recent scholarship has drawn attention to John Rawls’s concern with stability—a concern that, as Rawls himself notes, motivated Part III of A Theory of Justice and some of the more important changes of his political turn. For Rawls, the possibility of achieving ‘stability for the right reasons’ depends on citizens possessing sufficient moral motivation. I argue, however, that the moral psychology Rawls develops to show how such motivation would be cultivated and sustained does not cohere with his specific descriptions of (...) ‘pluralist ’ doctrines. Considering Rawls’s claims that ‘most’ citizens—both in contemporary liberal democracies and in the well-ordered society—possess such doctrines, this incompatibility threatens to undermine his stability arguments. Despite the enormous importance of pluralist doctrines and the potential difficulties they pose for Rawls’s project, remarkably little attention has been paid to them. By critically examining these difficulties, the article begins to address this oversight. (shrink)

Ota Weinberger was a Czech-Austrian jurist, whose core academic work on issues of democracy was mostly published in the 1990s. In his writings, he focused primarily on legal philosophy from a positivist perspective. However, there are also significant overlaps with the field of political theory as Weinberger examined the conditions for the functioning of contemporary democracies. In this paper, some of the main features of his conception of the so-called “structured democracy” are clarified. The conception opposed several other democratic theories, (...) especially the elitist (Schumpeterian), the majoritarian, but also the discursive one, as represented by Jürgen Habermas, with whom Weinberger fundamentally disagreed. The paper focuses on several key elements of his theory, such as the leading ideas, the role of institutions, open society, and his critique of marketing methods in politics. (shrink)

Normative questions concerning political authority and political obligation are widely seen as central questions of political philosophy. Current global transformations require an innovative response from normative political thinking about these two topics. In light of a concrete example of the supranational forms of authority and obligation that have been and are emerging beyond the national state and beyond the traditional domains of international law, I lay out what has become the standard approach to authority and obligation and indicate why this (...) approach is inadequate in contemporary circumstances. I sketch an alternative approach and suggest how the most promising exemplar of this kind, Habermas’ discourse theory of law and politics, can better deal with the example. Having thus made plausible the advantages of the discourse theory of the alternative approach, I end with an ‘internal’ critique of Habermas’ own recent writings on the global political order. (shrink)

The aim of this article was to interpret Habermas's concept of language in terms of its therapeutic potential which can be effectively realized in nursing practice. Drawing on Habermas's definition, we analyse the components of rational communication which are necessary for the patient and the therapist to achieve understanding. In doing this, we examine not only lifeworld, system and validity claims, which are well‐known notions within Habermas's theory of communicative action, but also less frequently studied elements of this theory, such (...) as everyday world, to which the patient refers in the process of self‐understanding and identity construction. We also address culture and language as a pre‐rational factor which can disturb, or even preclude, communication and understanding. In such circumstances, we propose supplementing the Habermasian therapeutic project with a psychoanalytical interpretations of the utterances of the patients who have difficulty defining the situation within which therapy is possible. (shrink)

Taking the use of the logos in Ratzinger's Regensburg Lecture as its starting point, the thesis expands three horizons in Ratzinger studies. Firstly, it extends the understanding of Ratzinger as the author of a logos theology. Secondly, it shows how the Regensburg theme of the full breadth of reason, represented by the logos, is applied by Ratzinger in a critique of secular modernity. Thirdly, it claims that the logos theology of Joseph Ratzinger can provide a repair of the culture of (...) human rights. The thesis argues that if human rights are set exclusively within the framework of secular modernity, they fall sick and fail to meet the criterion of inclusivity and universality. Set within the framework of a Ratzingerian logos theology, their power is strengthened and their promise of inclusivity and universality restored. The thesis calls for a mutually reparative dialogue about human rights, based on the full breadth of reason, between the three constituencies of Christianity, the religions and secular modernity. The thesis concludes that the Regensburg Lecture, far from damaging the dialogue with Islam, and with secular modernity, opens up a new intercultural bridge based on a mutually enriching engagement with a logos-based culture of human rights. (shrink)

The task of this paper is to clarify the notion of pluralism and religious pluralism against the background of disputations on the globalized challenges of religious pluralism, for example the incompatibility between different conceptions of religious pluralism, especially from the lens of a possible conversation on religious pluralism between Jürgen Habermas and Emmanuel Levinas. With a detailed reading into the development of the conceptualization of religious pluralism in each author, addressing the questions such as what is genuine pluralism and on (...) what ground the conflicts within religious pluralism can be re-accounted, we make our passage from challenging the total reliance on political unification by the effort of Habermas, towards adopting a Levinasian alternative path that prioritizes ethical relation over individual ways of plurality in the realization of each one’s good life. Even though it can be acknowledged that Habermas raised the right question against the relativism way of seeing pluralism, it is by Levinas, the ontological ground of pluralism and the universal dimension of the plural are thought not only through justice and politics but more importantly, through a way of responding to the non-familiar tradition with love, where human religion has a single dimension that is the transcendental notion of charity and love. (shrink)

The Rawls–Habermas debate is having a revival. In this article I argue that both philosophers develop different freestanding conceptions of political legitimacy, and show how they diverge when it comes to how political legitimacy can be justified. Habermas is looking for a deeper justification than Rawls will allow for. I then proceed to show how the different meta-ethical positions yield two different versions of democratic theory, focusing in particular on rights and popular sovereignty. I demonstrate how both conceive of the (...) co-originality of private and public autonomy, and subsequently take issue with Habermas’ reading of Rawls. I argue that Rawls should not be understood as a natural rights theorist, that Habermas misunderstands the role of the original position, and that Rawls cannot be considered a strong constitutionalist. Thus, the real difference between Rawls and Habermas revolves around their different conceptions of political legitimacy. (shrink)

Ha llegado a ser un lugar común aseverar la influencia de Kant en la obra de Rawls; sin embargo, el constructivismo político significó un rechazo del universalismo que es imposible explicar en términos kantianos. Lo que sigue es un intento de evaluar la tesis del consenso superpuesto a la luz de la concepción general de la filosofía política y la razón práctica en Hegel.

Resumen: El artículo discute el componente kantiano en la teoría democrática deliberativa. Parte sosteniendo que Kant no solo incorpora derechos individuales sino que también la idea de soberanía popular. Este pensador considera la democracia, pero un sistema de principios tiene prioridad normativa respecto de la práctica de autolegislación colectiva. Después, el escrito muestra que la teoría democrática habermasiana elabora un argumento similar al kantiano. Por tanto, no reconstruye el balance entre derechos y democracia como pretende sino de forma similar a (...) como lo hace Kant.: This article discusses the Kantian component in the theory of deliberative democracy. It begins claiming that Kant not only incorporates individual rights but also the idea of popular sovereignty: This author values democracy; however, a system of principles has normative priority over the practice of collective self-determination. The text later shows that Habermas’s theory of deliberative democracy elaborates a Kantian justification. Thus, it does not reconstruct the balance between rights and democracy as it claims to do; it rather builds an argument similar to Kant’s. (shrink)

Jürgen Habermas’s political philosophy incorporates the view that legitimacy is immanent to law, even though it makes morality a central component of democratic legitimacy. Taking this as a startin...