Since its appearance in English translation in 1996, Jurgen Habermas's Between Facts and Norms has become the focus of a productive dialogue between German and Anglo-American legal and political theorists. The present volume contains ten essays that provide an overview of Habermas's political thought since the original appearance of Between Facts and Norms in 1992 and extend his model of deliberative democracy in novel ways to issues untreated in the earlier work. Habermas's theory of democracy has at least three features (...) that set it apart from competing positions. First, it combines a concern with questions of normative justification with an empirical analysis of the social conditions necessary for the realization of democratic institutions. Second, at the heart of his model is the assertion of an internal relationship between liberalism and democracy. Finally, Habermas defends a conception of universal human rights that is not only sensitive to cultural differences but also calls for legal and political institutions that facilitate the cultivation of cultural and religious identities within pluralistic societies. These essays demonstrate the extraordinary power of Habermas's theory of democracy through a further engagement with Rawls's political liberalism and through original contributions to current debates over nationalism, multiculturalism, and the viability of supranational political institutions. (shrink)

Two countervailing trends mark the intellectual tenor of our age the spread of naturalistic worldviews and religious orthodoxies. Advances in biogenetics, brain research, and robotics are clearing the way for the penetration of an objective scientific self-understanding of persons into everyday life. For philosophy, this trend is associated with the challenge of scientific naturalism. At the same time, we are witnessing an unexpected revitalization of religious traditions and the politicization of religious communities across the world. From a philosophical perspective, this (...) revival of religious energies poses the challenge of a fundamentalist critique of the principles underlying the modern Wests postmetaphysical understanding of itself. The tension between naturalism and religion is the central theme of this major new book by Jrgen Habermas. On the one hand he argues for an appropriate naturalistic understanding of cultural evolution that does justice to the normative character of the human mind. On the other hand, he calls for an appropriate interpretation of the secularizing effects of a process of social and cultural rationalization increasingly denounced by the champions of religious orthodoxies as a historical development peculiar to the West. These reflections on the enduring importance of religion and the limits of secularism under conditions of postmetaphysical reason set the scene for an extended treatment the political significance of religious tolerance and for a fresh contribution to current debates on cosmopolitanism and a constitution for international society. (shrink)

This paper examines the moral case for a right to religious accommodation, which requires that religious conduct be free of any serious burdens placed on it by the state. Two different types of normative argument for this right are outlined and rejected. The first appeals to religion as a ‘basic good’, and the second to religion as an ‘intense preference’. In place of these, I suggest that a third type of argument has greater prospects of success. Religious accommodation is justified (...) on the grounds that religious conduct is a ‘derivative good’— that is, it derives its value from its being necessary for something else, namely, the integrity of the religious person. (shrink)

This paper develops a theory of civil disobedience informed by a deliberative conception of democracy. In particular, it explores the justification of illegal, public and political acts of protest in constitutional deliberative democracies. Civil disobedience becomes justifiable when processes of public deliberation fail to respect the principles of a deliberative democracy in the following three ways: when deliberation is insufficiently inclusive; when it is manipulated by powerful participants; and when it is insufficiently informed. As a contribution to ongoing processes of (...) public deliberation, civil disobedience should be carried out in a way that respects the principles of deliberative democracy, which entails a commitment to persuasive, non-violent forms of protest. (shrink)

Strict separation of church from a presumed ‘religion-blind’and strictly ‘neutral’state still is the preferred model in liberal, democratic, feminist, and socialist political theory. Focusing on the full, reciprocal relationships between society-culture-politics-nation-state and religions, this article makes a case in favor of ‘nonconstitutional pluralism’ in general, associative democracy in particular. Associative democracy recognizes religious diversity both individually and organizationally; it stimulates legitimate religious diversity; it prevents a hidden majority bias; and it provides a legitimate role for organized religions in the provision (...) of a wide range of services, including education, on one hand, and in the political process, on the other hand. That organized religions should be informed, heard, and consulted in contested issues should be a crucial component of democratic participation. This also might help prevent the development of religious fundamentalism. (shrink)

Political philosophy has difficulties to cope with the complexity and variety of state-religions relations. ‘Strict separationism’ is still the preferred option amongst liberals, deliberative and republican democrats, socialist and feminists. In this article, I develop a complex typology based on comparative history and sociology of religions. I summarize my reasons why institutional pluralist models like plural establishment or non-constitutional pluralism are attractive not only for religious minorities but for religiously deeply diverse societies in general. Most attention is paid defending associative (...) democracy, the most flexible and open variety of institutional pluralism, against realist objections that group representation is incompatible with liberal democracy, that it leads to stigmatization and bureaucratization, that it strengthens undemocratic leaders, that it leads to an ossification of the status quo, and, most importantly, that it is inherently divisive undermining social cohesion and political unity. In my refutation of these objections I try to show that it helps to integrate minority religions into liberal democratic policies compatible with reasonable pluralism and to prevent religious and political fundamentalism. (shrink)

This paper addresses the problem of disputed cultural practices within liberal, deliberative democracies, arguing against the currently dominant view, advocated by Susan Okin among others, that such problems represent a fundamental tension between two liberal values: gender equality and cultural autonomy. Such an approach, I argue, requires the state to render normative judgements about conceptions of the good life, something which is both arbitrary and unfair in societies characterised by reasonable pluralism. Disputed practices, I claim, are defined by the existence (...) of reasonable disagreement over their legitimacy, which means they need to be resolved in a way that abstains from morally evaluating the religious or cultural doctrines of the group in question. The paper therefore articulates a cost-based approach to such problems. The cost-based approach focuses our conceptual attention on the sorts of publicly identifiable costs that any state decision will have on the various parties to a dispute. By restricting itself to public reasons, this method thereby avoids arbitrarily privileging certain conceptions of the good at the expense of others when determining the boundaries of reasonable pluralism. (shrink)

This essay considers some major questions raised by civil and other forms of conscientious disobedience. What distinguishes that form of dissent? Can we recognise the legitimacy of a political system yet defy its laws? Is disobeying a democratic decision especially or entirely unacceptable, or can disobedience be an instrument of democracy? If a regime recognises rights, how should we regard disobedience that appeals to those rights in challenging the regimes laws? How should reasons for obedience figure in our thinking about (...) justified disobedience? The essay locates the contributions that make up this special issue of Res Publica within these debates about disobedience. It questions whether any general theory of justified disobedience can command agreement: the conditions that give rise to conscientious disobedience -- conflicting values and judgements -- seem to preclude consensus on when its use is justified. (shrink)

Jürgen Habermas’s discourse-theoretic reconstruction of the normative foundations of democracy assumes the formal separation of democratic political practice from the economic system. Democratic autonomy presupposes a vital public sphere protected by a complex schedule of individual rights. These rights are supposed to secure the formal and material conditions for democratic freedom. However, because Habermas argues that the economy must be left to function according to endogenous market dynamics, he accepts as a condition of democracy (the formal separation of spheres) a (...) social structure that is in fact anti-democratic. The value of self-determination that Habermas’s theory of democracy presupposes is contradicted by the actual operations of capitalist markets. Further democratic development demands that the steering mechanisms of the capitalist market be challenged by self-organizing civic movements. (shrink)