Emergent forms of political protest and constitution often provide limit cases for their contemporary theoretical models, and transnational protest movements from Occupy to Democracy in Europe 2025...

Radical democratic political theorists have used the concept of constituent power to sketch ambitious models of radical democracy, while many legal scholars deploy it to make sense of the political and legal dynamics of constitutional politics. Its growing popularity notwithstanding, I argue that the concept tends to impede a proper interpretation of civil disobedience, conceived as nonviolent, politically motivated lawbreaking evincing basic respect for law. Contemporary theorists who employ it cannot distinguish between civil disobedience and other related, yet ultimately different, (...) modes of political illegality. The essay also examines Jürgen Habermas’ recent contributions to a theory of mixed or dualistic constituent power, conceding that Habermas avoids many theoretical and political ills plaguing competing radical democratic theoretical retrievals. Nonetheless, Habermas’ attempt to salvage the idea of constituent power as part of... (shrink)

Philosophy & Social Criticism, Volume 48, Issue 5, Page 703-725, June 2022. In this article, I argue that Habermas’s method of rational reconstruction faces limitations when it comes to analysing newly emerging and contested political practices. As rational reconstruction aims to criticize existing practices by determining their normative meaning as reflected in the participants’ idealizing presuppositions, it reaches its limits where emerging and contested practices make it impossible to identify a shared self-understanding and a single participants’ perspective. Using the example (...) of membership politics, I argue that this is often the case where nationally constituted forms of politics become controversial or are fundamentally questioned. Building on the work of Benhabib and Fraser, I develop an alternative reconstructive method of plural reconstruction, which modifies the basic premises of rational reconstruction, adjusting it to emerging and contested political contexts. (shrink)

In this article, I argue that Habermas’s method of rational reconstruction faces limitations when it comes to analysing newly emerging and contested political practices. As rational reconstruction aims to criticize existing practices by determining their normative meaning as reflected in the participants’ idealizing presuppositions, it reaches its limits where emerging and contested practices make it impossible to identify a shared self-understanding and a single participants’ perspective. Using the example of membership politics, I argue that this is often the case where (...) nationally constituted forms of politics become controversial or are fundamentally questioned. Building on the work of Benhabib and Fraser, I develop an alternative reconstructive method of plural reconstruction, which modifies the basic premises of rational reconstruction, adjusting it to emerging and contested political contexts. (shrink)

In his account of legal revolutions, Hauke Brunkhorst applies a dual perspective encompassing the approaches both of systems and discourse theory to social evolution: functional adaptation and group-based normative learning coexist as two mechanisms of societal change, the latter being conceptualized as occasional interruptions to an overall systemic process of societal evolution. This article argues that Brunkhorst’s ‘systems theory first’ perspective undermines his claim to be delivering critical theory and that while it is both possible and necessary to incorporate a (...) systems-theoretical perspective into discourse-theoretical social theory when devising a critical theory of law and democracy, the reverse does not apply. The building blocks of Habermas’ reconstructive approach to social evolution are presented as a conceptual framework that constitutes an alternative to Brunkhorst’s ‘systems theory first’ perspective but remains compatible with the basic premises of his account. A discourse-theoretical view that sees societal development in terms of a social learning process chimes with Brunkhorst’s dual perspective on the dialectics of legal evolution but at the same time upholds the aims of critical theory. (shrink)