The past twenty years have witnessed the consolidation of deliberation as the normative basis of democratic theory. Although different versions of deliberative democracy vary in scope and degree of institutionalization, they share the assumption that the rational consensus engendered through discussion should serve as the normative guide for democratic politics. Although this tradition has roots in the birth of bourgeois liberal thought, it has received renewed attention due to Habermas’s reformulation on the basis of discourse ethics. In his middle period, (...) Habermas had attempted to ground rationality in the structure of discourse itself, in the ideal preconditions of intersubjective communication.1 His more pragmatist heirs, however, jettison transcendental truth claims while maintaining that deliberation can enhance the legitimacy of consensual solutions to the moral dilemmas which divide citizens. (shrink)

Deliberative democracy is a revolutionary political ideal that requires fundamental changes in political institutions, bases of collective decision making, and the distribution of resources. Perhaps because of its revolutionary character accounts of deliberation in political theory thus far have offered little guidance for actors in actually-existing democratic circumstances. This article develops an ethical account of deliberative democratic action under imperfectly just conditions characterized by material and political inequality and failures of reciprocity. Under such conditions, appropriate principles of action can resolve (...) the tension between deliberation and confrontational political activism. The logic of this account parallels the justification for civil disobedience: the extent of permissible deviationfrom deliberative norms increases according to the adversity of political circumstances. This ethical account is composed of principles of deliberative activism, applications of those principles to four kinds of increasing unfavorable circumstances, and a menu of institutional and political strategies that increase deliberative inclusion and equality. (shrink)

In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, (...) noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)