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Modern society is challenged by a loss of efficiency in national governance systems values, and lifestyles. Corporate social responsibility (CSR) discourse builds upon a conception of organizational legitimacy that does not appropriately reflect these changes. The problems arise from the a-political role of the corporation in the concepts of cognitive and pragmatic legitimacy, which are based on compliance to national law and on relatively homogeneous and stable societal expectations on the one hand and widely accepted rhetoric assuming that all members (...) |
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The purpose of the present paper is to offer a Foucauldian critique of Habermas’s theory of law and democracy. Quite famously Habermas viciously attacked Foucault’s positions on law and power in modernity. Those attacks will be taken into consideration here in order to show some deficiencies in Habermas’s own reading of modern law and democracy. My suggestion is that the formal nature of Habermas’s communicative approach fails to take into adequate consideration the question of subjectivity formation. More precisely I will (...) |
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In opposing Stephen Douglas’s alleged popular right to choose a slave constitution, Abraham Lincoln developed a rudimentary conception of the normative presuppositions of democratic rights that prefigures the theory of popular sovereignty articulated by Jürgen Habermas. While Lincoln was influenced by a civic republican conception of natural rights, and referred to personal autonomy in arguing that some political choices violate the grounds of collective self-governance rights, both Lincoln—as read by Jaffa—and Habermas conceive human rights not as trans-political principles but as (...) |
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The paper discusses the reactions of different political and constitutional systems reactions to the pandemic and also the impact of COVID to populism, constitutionalism, and autocracy. Beyond the choice between economic and health considerations also applied in liberal democratic countries, which have lead either to “under-” or “overreaction” to the pandemic, certain illiberal regimes used the crisis situation as a pretext to strengthen the autocratic character of their systems. In some cases, this needed an “underreach,” like in Poland to insist (...) |
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The pressures of globalization have resulted in shrinking distances and increased contact among people, rendering state boundaries and jurisdiction insufficient to deal with claims of justice exclusively. This challenge requires that we move beyond the limits of statism in political theorizing and acquire a cosmopolitan approach. In this article, from a discourse theoretic perspective, I consider what cosmopolitan justice would entail for policy and law-making concerning immigration. It is argued that: (1) from a moral point of view we cannot consider (...) |
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In The Crisis of the European Union Jürgen Habermas claims that the constituent power in the EU is shared between the community of EU citizens and the political communities of the member states. By his own account, Habermas arrives at this concept of a dual constituent subject through a rational reconstruction of the genesis of the European constitution. This explanation, however, is not particularly illuminating since it is controversial what the term ‘rational reconstruction’ stands for. This article critically discusses the (...) |
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Liberal democracy is often considered to be unstable, consisting of two markedly different ideals that remain in tension. Yet the thesis regarding the alleged insta... |
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Habermas’ cosmopolitan project seeks to transform global politics into an emancipatory activity in order to compensate for the disempowering effects of globalization. The project is traced through three vicious circles which stem from Habermas’ commitment to intersubjectivity. Normative politics always raises a vicious circle because politics is only needed to the extent that an issue has become problematized through want of intersubjective agreement. At domestic level Habermas solves this problem by constitutionalizing transcendental presuppositions that political participants cannot avoid making. This (...) |
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