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...

La tesis central de este trabajo es que la tradicional tensión entre substancia y procedimiento socava las estabilidad de la justificación de la concepción liberal más extendida de la legitimidad (la Democracia Deliberativa). Dicha concepciones enfrentan problemas serios a la hora de articular de manera consistente dos dimensiones que parecen ir naturalmente asociadas a la idea de legitimidad: la dimensión procedimental, vinculada a la equidad del procedimiento, y la dimensión epistémica, asociada a la corrección de los resultados. En este trabajo (...) sostengo que a) esa tensión surge de la adopción de una concepción epistemológica social de tipo "veritativo-consecuencialista; b) es posible manejar dicha tensión mediante el remplazo de la epistemología subyacente por una concepción epistemológica social de tipo procedimentalista de orientación pragmatista y c) dicha operación orienta el diseño institucional en una dirección experimentalista. (shrink)

This article addresses the problem of ‘the legitimacy of the people’, that is, what constitutes the legitimate demarcation of the political units within which democracy is practiced? It is commonplace among philosophers to argue that this problem cannot be solved by appeal to democratic procedure because every attempt to do so results in an infinite regress. Based on a social contract theoretical analysis of the problem, this view is rejected. Although contract theorists have ignored the problem of the legitimacy of (...) the people, this article nevertheless argues for one specific, and currently dominant, type of contract view – ‘contractarianism’ – that it contains the conceptual tools to solve it. In a contractarian view, the people are understood as a cooperative venture for mutual advantage and accordingly consist of only those individuals for whom it is mutually beneficial to bind themselves to one another. It is argued that contractarianism offers a procedurally democratic solution to the problem of the legitimacy of the people that does not cause an infinite regress. Furthermore, this article refutes a classic criticism of contractarianism’s account of moral standing. Finally, the article demonstrates contractarianism’s practical implications for one specific articulation of the problem of the legitimacy of the people, namely, immigration. (shrink)

How to demarcate the political units within which democracy will be practiced? Although recent years have witnessed a steadily increasing academic interest in this question concerning the boundary problem in democratic theory, social contract theory’s potential for solving it has largely been ignored. In fact, contract views are premised on the assumption of a given people and so presuppose what requires legitimization: the existence of a demarcated group of individuals materializing, as it were, from nowhere and whose members agree among (...) themselves to establish a political order. In order to fill this gap in social contract theory, a distinction is made between three kinds of contract views: Lockean political voluntarism, contractarianism, and contractualism. Each of these views can be interpreted in such a way that it offers a democratic solution to the boundary problem. Ultimately, however, a Rawlsian interpretation of the contractualist solution is defended. (shrink)

In this article, I combine political philosophy and film to examine the problematic of the ‘mystical’ foundation of authority and democracy as represented in The Man Who Shot Liberty Valance. Ford’s filmic vision is interpretable as a parable of the passage from the state of nature to the modern republic and the deconstruction of American democratic progressivism. To analyse it, I proceed in two steps: first, I defend a middle-way critical Enlightenment perspective between the democratic-progressivist and the deconstructive approach to (...) the question of foundations. Second, in dialogue with this critical Enlightenment perspective, I argue that Ford’s cinematic vision of the foundation remains ambivalent, given that its deconstruction of the mythology of American democratic progressivism is premised on the nostalgic mythologizing of the pre-democratic age. Moreover, I take issue with Robert Pippin’s interpretation of the movie as a cautionary tale against Enlightenment rationalism, and which poses at its center the key psychological role of myths in politics (2011). In contrast, I argue that Ford’s cinematic vision cautions against decoupling the socio-political and personal life from the vital connection to truth and acting upon truth. From this standpoint, a “politics of truth” is, against Pippin’s interpretation of Ford’s vision, compatible with taking into account the constitutive role of narratives in building political legitimacy and authority. (shrink)

Political action is unpredictable because it unfolds among a plurality of independent actors. This unpredictability generates a fundamental puzzle: If an actor cannot know where her initiative will lead, what motivates and guides her in her doings? The aim of this paper is to develop and defend the solution to the puzzle that we can find in the thought of Hannah Arendt, namely the idea that political action is – or should be – motivated and guided by principles, principles like (...) justice, equality, or honour. Such principles must be distinguished from goals because they do not designate a specific state of affairs, but are general ideas that allow for diverse implementations. I show that this distinction is of great practical importance for the actors involved, since their outlook and their attitude towards others will differ depending on whether they see their activity as aimed at a goal or as guided by a principle. (shrink)

This article examines the connection between populism and post-foundationalism in the context of contemporary debates about populism as a strategy for the Left. I argue that there is something “populist” about every constitutional order, including liberal democratic ones. I argue so drawing on Chantal Mouffe’s theories of hegemony, agonistic democracy, and left populism. Populism is the quintessential form of post-foundational politics because, rightly understood, populism constructs the object it claims to represent, namely the people. As such, it expresses the fact (...) that, because there is no ultimate foundation, politics consists in the construction of contingent foundations. I develop this argument through readings of Jan-Werner Müller and Chantal Mouffe, showing the differences between their respective post-foundational approaches. I show that Müller cannot uphold the distinction between populism and democracy in the way he seeks to do, but I also argue that this does not mean that we must jettison all normativity, only that it requires that we rethink normativity in hegemonic terms. (shrink)

Philosophy & Social Criticism, Volume 48, Issue 7, Page 992-1013, September 2022. This article examines the connection between populism and post-foundationalism in the context of contemporary debates about populism as a strategy for the Left. I argue that there is something “populist” about every constitutional order, including liberal democratic ones. I argue so drawing on Chantal Mouffe’s theories of hegemony, agonistic democracy, and left populism. Populism is the quintessential form of post-foundational politics because, rightly understood, populism constructs the object it (...) claims to represent, namely the people. As such, it expresses the fact that, because there is no ultimate foundation, politics consists in the construction of contingent foundations. I develop this argument through readings of Jan-Werner Müller and Chantal Mouffe, showing the differences between their respective post-foundational approaches. I show that Müller cannot uphold the distinction between populism and democracy in the way he seeks to do, but I also argue that this does not mean that we must jettison all normativity, only that it requires that we rethink normativity in hegemonic terms. (shrink)

The main purpose of this paper is to examine the concept of critique in Habermasian thought. Given that the concept of critique is a central theoretical category in the work of the Frankfurt School, it comes as a surprise that little in the way of a systematic account which sheds light on the multifaceted meanings of the concept of critique in Habermas's oeuvre can be found in the literature. This paper aims to fill this gap by exploring the various meanings (...) that Habermas attributes to the concept of critique in 10 key thematic areas of his writings: (1) the public sphere, (2) knowledge, (3) language, (4) morality, (5) ethics, (6) evolution, (7) legitimation, (8) democracy, (9) religion, and (10) modernity. On the basis of a detailed analysis of Habermas's multifaceted concerns with the nature and function of critique, the study seeks to demonstrate that the concept of critique can be considered not only as a constitutive element but also as a normative cornerstone of Habermasian thought. The paper draws to a close by reflecting on some of the limitations of Habermas's conception of critique, arguing that in order to be truly critical in the Habermasian sense we need to turn the subject of critique into an object of critique. (shrink)

The main purpose of this article is to provide an in-depth review of Andrew Feenberg’s Technosystem: The Social Life of Reason. To this end, the anal...

This paper is based on the concept of environmental political philosophy and from its perspective, it highlights the weaknesses and contradictions of contemporary, existing democracies. It aims to formulate an outline of the concept of environmental democracy, following the accounts of M. Bookchin, R. Morrison and H. Skolimowski, as well as international environmental law enshrined in United Nations documents and resolutions. It is based on the hypothesis that the preservation of a democratic political system in a situation of a collapsing (...) planetary system (the Anthropocene) requires improving the foundations of democratic theory with the insights of the Earth system sciences, particularly of political ecology and critical environmentalism. Through philosophical analysis, explanation and interpretation, this paper explores an environmental democracy that would, on the one hand, preserve the basic constitutional principles of current democratic constitutional regimes, and, on the other hand, reconcile them with the current state of understanding in the Earth sciences concerning the vulnerability of the planetary system. In a sense, J. Habermas’s understanding of human rights characterizes the concept of environmental democracy as a realistic utopia. The author concludes by drawing up the imperative of sustainability, which he sees as a guiding organizing principle of institutions and public policies for the climatic, demographic and economic regime of the Anthropocene. -------------------------- Received: 16/12/2022. Reviewed: 09/03/2023. Accepted: 30/03/2023. (shrink)

ABSTRACT:The profound influence of Thomas Donaldson and Thomas Dunfee’s integrative social contracts theory on the field of business ethics has been challenged by Andreas Scherer and Guido Palazzo’s Habermasian approach, which has achieved prominence of late with articles that expressly question the defensibility of ISCT’s hypernorms. This article builds on recent efforts by Donaldson and Scherer to bridge their accounts by providing discursive foundations to the hypernorms at the heart of the ISCT framework. Extending prior literature, we propose an ISCT* (...) framework designed to retain ISCT’s practical virtue of managerial guidance while answering the demands of Scherer and Palazzo’s discursive account. By subscribing to a suitable portfolio of discursively justified hypernorms, we argue, companies unlock the valuable moral guidance of ISCT*, which says to treat these hypernorms as unequivocal outer bounds to the pursuit of business and as a starting point to tailor local norms through discursive stakeholder engagement. (shrink)

This essay is part of a dossier on Cristina Lafont's book Democracy without Shortcuts.

An analysis of the epistemological structure of democratic deliberation as a procedure in which legal norms are constructed reveals that deliberation combines procedural and substantive aspects in a unique and inextricable manner. The co-original recognition of the private and public autonomy of all citizens provides the substantive critical standard against which the justice of norms is measured. At the same time, such recognition requires that the particular needs and values of all people concerned be taken into account. Given the privileged (...) epistemic access people have to their own particular perspective, this requirement implies the ineliminability of actual deliberative procedures. The open-ended nature of these constructive procedures is partly due to the fact that the rules of the procedure are counterfactual and themselves subject to interpretation. More importantly, it also reflects the historical nature of our human world and the freedom of moral persons to shape and reshape their preferences. (shrink)

While the Catalan independence movement (henceforth, CIM) has received much academic attention, one key aspect remains theoretically and empirically understudied: what role did populism play in the...

This article starts from the observation that in classical Athens the discovery of democracy as a normative model of politics has been from the beginning not only a political and a legal but at the same time a philosophical enterprise. Reflections on the concept of criminal law and on the meaning of punishment can greatly benefit from reflections on Athenian democracy as a germ for our contemporary debate on criminal justice in a democracy. Three main characteristics of the Athenian model (...) will be analysed: the self-instituting capacity of a democracy based on participatory and reflective citizenship, political power as the capacity of citizens for co-operating and co-acting with others, and the crime of hubris as one of the key issues in Athenian criminal law. These analyses will lead to the conclusion that one of the key issues of a democratic legal order lies in its capacity of recognizing the fragility of the human condition and of developing workable and effective standards of justice in that context. A relational conception of criminal law and punishment, based on proportionality, reflexivity, mutual respect and responsibility fits best with a democracy under the rule of law. (shrink)

Superficially, citizenship appears relatively simple: a legal status denoting political membership. However, critical citizenship studies scholars suggest that citizenship is first and foremost a political practice. When non-citizens, such as irregularised migrants, constitute themselves as citizens through their actions, irrespective of legal status, these practices of citizenship have transformational potential because they are extra-legal. Yet, there is an ambivalence here: rights-claiming migrants tend to frame their key demands within the terms of the law often by calling for the regularisation of (...) their status. This article addresses this ambivalence by adopting a ‘deconstructive method’ to investigate the legal dimensions of citizenship as sites of theoretical and political intervention. It is argued that practices of rights-claiming by irregularised migrants are important to grasp because they mobilise the paradoxes inherent to the fact that universal rights are enshrined in the constitutional texts of modern citizenship in order to generate new legal meanings and horizons of justice. This hypothesis is explored through a series of illustrative examples of rights-claiming taking place within and beyond the formal confines of legal orders. In so doing, the article sets out a novel conceptual framework for analysing how migrants’ claims to justice strategically negotiate citizenship in its legal form. (shrink)

Political theory has been described as an `enterprise of discovery' that carries within it the danger of utopianism. This article explores one aspect of that danger: the question of the paradoxical or circular nature of much political thinking. This seems to be both a necessary and an impossible feature of such theorizing. Political theory itself seems to require an idea of utopia that is, by definition, impossible to achieve.

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 (...) current state of research on rational reconstruction, develops a new reading of Habermas’ method and invokes this account for an explanation and evaluation of the notion of a European pouvoir constituant mixte. (shrink)

Analysing two reproductive rights claims brought before the High Court of Namibia and the European Court of Human Rights, this article argues that human dignity is not reducible to a recognized warrant to demand a particular set of goods, services, or treatments. Rather, dignity in the contexts in which women experience sterilization abuse would be better characterized as an existential protest against degradation, a protest that takes concrete form in legal demands for equal citizenship. Equality is conceived here as necessitating (...) the elimination of all forms of discrimination against women in public and private life. The dignity as non-discrimination framework developed in the article thus integrates two of the leading interpretations of dignity in contemporary political philosophy – the existentialist approach that attends to the inward cry against degradation and the view of dignity as the equal, public status of democratic citizenship. (shrink)

In political theory it goes without saying that the constitution of government raises a claim for legitimacy. With the constitution of the people, however, it is different. It is often dismissed as a historical question. The conviction is that since the people cannot decide on its own composition the boundaries of democracy must be determined by other factors, such as the contingent forces of history. This article critically assesses this view. It argues that like the constitution of government, the constitution (...) of the people raises a claim for legitimacy. The failure to see this is what makes many theorists run into the arms of history. They submit the legitimacy of the people to the arbitrary and asymmetrical forces of the present. (shrink)

In this study, the author investigates how the battered women’s movement has transformed the treatment of domestic violence in Salt Lake City’s specialized domestic violence court. Using Lisa Brush’s account of how the state promotes the dominance of men and the disadvantage of women, the author shows that Salt Lake City’s domestic violence court transforms both its governance of gender and its gender of governance, lending support to optimistic theories of the state. The author argues that this court is an (...) example of a state institution that has been transformed into a feminist regime committed to individual and social change. The author encourages feminist theorists to engage with the work of Jurgen Habermas to better conceptualize the potentially positive relations among the state, social movements, and social change. (shrink)

A high level of complexity and a continuous and always changing relationship among its elements characterizes modern world society. As a result, a constant differentiation and specialization of diverging social fields aiming to reduce the uncertainty emerging from that complexity takes place. Paradoxically, as differentiation and specialization increase, they become a new source of uncertainty. In order to confront this self-producing ambiguity, some social operations develop structural interdependencies with a sufficient level of operational stability that distinguish them from their environment. (...) In this paper this is called contextual differentiation, i.e. the emergence of differentiated contexts of interaction, decision and symbolization that make possible a mutilayered concretization of social functions in supranational contexts. With regard to the differentiation of law, economy and sports this process is analyzed and illustrated in four case studies: the Bill & Melinda Gates Foundation, the Bank for International Settlements, FIFA, the game and its publics, and the international commercial arbitration. La sociedad mundial moderna se caracteriza por su alta complejidad, es decir, por la continuamente cambiante interrelación de sus elementos. El resultado de ello es una constante diferenciación y especialización de espacios sociales orientada a manejar la incertidumbre que esa complejidad genera. Paradójicamente, la diferenciación y especialización es nuevamente una fuente de complejidad. Para enfrentar esta ambigüedad auto-producida, determinadas operaciones sociales se distinguen por generar interdependencias estructurales que logran una estabilidad operacional suficiente para distinguirlas de su entorno. A ello se le denomina en este artículo diferenciación contextual, esto es, la emergencia de contextos diferenciados de interacción, decisión y simbolización que posibilitan una concretización múltiple de funciones sociales en espacios supranacionales. Esto se observa especialmente a propósito de la diferenciación del derecho, la economía y el deporte, y se ilustra con cuatro estudios de caso: la Bill & Melinda Gates Foundation, el Bank for International Settlements, la FIFA, el juego y sus públicos, y el arbitraje comercial internacional. (shrink)

This article examines two distinct ways in which anticolonial thinkers in early twentieth-century Korea reconstructed their nondemocratic tradition in an attempt to justify (rather than take for granted) the claim of self-determination. The exposure to modern education and ideas of democracy prompted these thinkers to critically engage their tradition in the struggle for self-determination. That said, they could not simply abandon the cultural foundation of their nation. Japanese colonial rule drew its legitimacy from not only an assimilation ideology that the (...) Japanese and Koreans shared the same ethnic origin but also a developmentalist conception of the colonized that they were premodern and incapable of self-rule. To reject imperial domination, Korean anticolonial thinkers needed to invent out of their country’s nondemocratic tradition (1) an unassimilable nation/people (2) capable of self-rule. Drawing upon the political writings of two early twentieth-century thinkers in colonial Korea, Yi Kwang-su (1892–1950) and Cho So-ang (1887–1958), I discover from their political thought two nuanced approaches to this project of inventing “the people” in the colonial world. I argue that while Yi succeeded in rebutting the colonial ideology of assimilation, he fell into the trap of developmentalism. I contend that Cho, on the contrary, sidestepped this trap with his revisionist reading of the Confucian past as a history of democratic transformation, thus providing an immediate alternative to imperial sovereignty. (shrink)

This article presents Minobe Tatsukichi’s emperor organ theory as a novel understanding of the temporality of founding. In contrast to a conventional framework of founding which legitimizes the constitution by postulating the pre-constitutional power of “the people,” emperor organ theory invents “the people” out of the Meiji Constitution as a democratically empowered subject to-come. In so doing, emperor organ theory calls upon the transformation of shin-min (臣民), the presumed subject of the emperor, into koku-min (国民), the people of this constitutional (...) state. However, emperor organ theory also highlights the contingency of founding moments: though koku-min emerged through the Diet as a conceptually new political actor in Japan’s nascent constitutional state, it never solidified its sovereign status as “the people.”. (shrink)

Constellations, Volume 29, Issue 3, Page 375-392, September 2022.

Jürgen Habermas’s theory of ‘discourse ethics’ has been an important source of inspiration for theories of deliberative democracy and is typically contrasted with agonistic conceptions of democracy represented by theorists such as Chantal Mouffe. In this article I show that this contrast is overstated. By focusing on the different philosophical traditions that underpin Mouffe’s and Habermas’s respective approaches, commentators have generally overlooked the political similarities between these thinkers. I examine Habermas’s and Mouffe’s respective conceptions of democratic politics and argue that (...) they cannot be so neatly distinguished from each other. I show that much of Mouffe’s criticism of Habermas’s theory does not hold up to careful scrutiny, and discourse ethics shares important points of similarity with her own democratic theory. By using critical republican theory to show the similarities in their work, I push beyond the agonistic versus deliberative debate, and show that at the heart of both of these approaches is a critical republican emphasis on the need for civic solidarity, on the constructive role of conflict in democratic politics and on the vital importance of self-government. These are crucial ingredients for the regeneration of democracy in contemporary pluralistic societies. (shrink)

Jürgen Habermas’s theory of ‘discourse ethics’ has been an important source of inspiration for theories of deliberative democracy and is typically contrasted with agonistic conceptions of democracy represented by theorists such as Chantal Mouffe. In this article I show that this contrast is overstated. By focusing on the different philosophical traditions that underpin Mouffe’s and Habermas’s respective approaches, commentators have generally overlooked the political similarities between these thinkers. I examine Habermas’s and Mouffe’s respective conceptions of democratic politics and argue that (...) they cannot be so neatly distinguished from each other. I show that much of Mouffe’s criticism of Habermas’s theory does not hold up to careful scrutiny, and discourse ethics shares important points of similarity with her own democratic theory. By using critical republican theory to show the similarities in their work, I push beyond the agonistic versus deliberative debate, and show that at the heart of both of these approaches is a critical republican emphasis on the need for civic solidarity, on the constructive role of conflict in democratic politics and on the vital importance of self-government. These are crucial ingredients for the regeneration of democracy in contemporary pluralistic societies. (shrink)

In philosophy and political theory, the term paradox is often used synonymously with antinomy, contradiction and aporia. This article clarifies the meaning of these terms through tracing their respective etymology. We see that antinomy denotes a deep-seated conceptual opposition, whereas contradiction and aporia represent alternative responses to antinomy. The former presents the antinomy as potentially resolvable at some future time, and the latter sees the antinomy instead as a constitutive impasse. By way of contrast, para doxa originally referred to a (...) statement that is ‘contrary to received opinion’, but this idea has generally been subsumed – both in philosophy and more common place understandings – under the notion of aporia. This conceptual recovery enables a better understanding of key traditions in social and political theory, notably post-structuralism and Habermasian critical theory, which can be demarcated through their respective responses to the emergence of ‘paradoxes’. However, the article also demonstrates the material significance of these philosophical categories through their application to contemporary democratic politics. I analyse the constitutive tension between liberalism and democracy as well as the emergence of populism and show how these conceptual tools provide new insights for understanding these most pressing political developments of our time. (shrink)

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that (...) may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between law and morality, and has even been tempted by natural law arguments in developing his theory of jurisprudence (see Part IV), Kelsen is more receptive to arguments drawn from legal and political realism. Yet Habermas is hardly oblivious to these arguments, as can be seen from his recent acknowledgment that human rights that secure subsistence and development depend on ‘global domestic policy’ for their full enjoyment. This acknowledgment, I submit, brings Habermas’ legal philosophy closer to Kelsen’s monistic view that a supranational human rights regime must regulate political as well as purely legal matters (Part III). Given this stronger analogy between domestic and global institutions of governance, I argue (Part IV) that a global human rights regime must also incorporate features of constitutional review. Conceding this point, however, raises further questions about the insulation of international law from so-called extra-legal (political) influences. I conclude that not only do multicultural differences in understanding human rights (conflicts between legal paradigms) generate political problems for international courts but so do competing subsystems of international law. (shrink)

Identity and democracy and, more particularly, national identity and deliberative democracy account for a controversial relationship. However, from a classical deliberative democratic point of view, the controversy over who is the ‘we’ that needs to stand together in contemporary complex societies settled with the constitution of modern states. In this sense, the main contribution of this paper is twofold. On the one hand, I rebut the analytical appropriateness and conceptual coherence of Habermas’ discursive approach to democracy for the case of (...) plurinational societies in contemporary constitutional democracies. A discussion of a test case – Catalonia – demonstrates that this inadequacy renders incoherent the deliberative model regarding one of its most fundamental premises: the equal weight of the principles of law and the principle of democracy. On the other hand, I sustain that the challenge is not about identity but democracy, and more particularly, about the role deliberative democracy is called to play when controversy challenges whether the people of a state do conform to a single people or not. More concretely, I explore the opportunities offered by the systemic turn to sustain a more realistic approach to deliberative democracy regarding its capacity to steer society towards integration in the context of the system of public deliberation. (shrink)

Identity and democracy and, more particularly, national identity and deliberative democracy account for a controversial relationship. However, from a classical deliberative democratic point of view, the controversy over who is the ‘we’ that needs to stand together in contemporary complex societies settled with the constitution of modern states. In this sense, the main contribution of this paper is twofold. On the one hand, I rebut the analytical appropriateness and conceptual coherence of Habermas’ discursive approach to democracy for the case of (...) plurinational societies in contemporary constitutional democracies. A discussion of a test case – Catalonia – demonstrates that this inadequacy renders incoherent the deliberative model regarding one of its most fundamental premises: the equal weight of the principles of law and the principle of democracy. On the other hand, I sustain that the challenge is not about identity but democracy, and more particularly, about the role deliberative democracy is called to play when controversy challenges whether the people of a state do conform to a single people or not. More concretely, I explore the opportunities offered by the systemic turn to sustain a more realistic approach to deliberative democracy regarding its capacity to steer society towards integration in the context of the system of public deliberation. (shrink)

This article is a comparative theoretical study of authority in the Arab Spring which draws upon the work of Max Weber and Khalil Ahmad Khalil, and examines the theoretical importance of a shift away from authority understood along the lines of single, charismatic individuals. I argue that the central implication of the lack of dominant leaders in the Arab Spring is the potential for the growth of a popular form of charismatic authority. This popular understanding of charisma would have several (...) important consequences for building a more broadly inclusive arrangement of democratic rule. First, it would allow for the self-realization of ordinary citizens in a way that was not possible in an authoritarian setting, where popular aspirations and demands were realized only abstractly, if not simply denied, by being invested in the figure of an ‘inspirational leader.’ This self-realization relies upon an important reversal of an image of Arab publics as incapable of self-governance. Second, it would signal a shi... (shrink)

Although often cast by realists as an exemplar of moralist or rationalist thinking, Jürgen Habermas and certain commentators on his work reject this characterisation, highlighting elements of his thought that conflict with it. This article will examine dimensions of Habermas’s work that relate to many realist concerns in political theory. I argue that while he escapes the commonplace caricature of an abstract thinker who is inattentive to real world affairs, Habermas’s claims in relation to communication, historical and empirical context, and (...) the development of rights in history, reveal a narrow consideration of what defines context and a progressivist narrative of history that fails to address seemingly outdated beliefs and political forces. An analysis of these issues can serve to inform understandings of these topics in realist thought and in political theory more broadly. (shrink)

This paper focuses on the question: Do persisting disagreements in constitutional interpretation affect the legitimacy of “the democratic system as a whole”? According to both Michelman and Waldron, the epistemic indeterminacy of interpretation—that is, the fact that principles do not possess stable meanings beyond, and independent of, their application to concrete cases—puts its finger on a point of the contractualist and prevailing political theory. But, if neither the legitimacy of any democratic order nor the standard of internal criticism can be (...) founded on a broad background consensus on constitutional essentials, “what else makes a deliberative process of legislation and adjudication a generator of legitimacy so that citizens are induced to accept controversial results as ‘worthy of respect’?” The route pursued goes beyond all views that require legitimacy to be based on sharing a set of “thick” ethical beliefs. In this perspective, the author argues that the performative meaning of constitution‐making “provides a thin yet sufficiently strong base,” which corresponds to the minimal requirements inherent in the very practice of framing a constitution. (shrink)

Recent debates in political theory display a renewed interest in the problem of judgment. This article critically examines the different senses of judgment that are at play in Jürgen Habermas’ theory of law. The article offers a new critical reading of Habermas’ account of the legitimacy of law, and a revisionary interpretation of the reconstructive approach to political theory that underpins it. Both of these are instrumental to an understanding of what is involved in judging the legitimacy of law that (...) is richer than has been recognized thus far by both critics and defenders of Habermas. (shrink)

The question addressed by this article is whether a form of constituent power exists at the EU level. It is argued that European integration has not suppressed the idea of people as constituent power. Instead, the idea of ‘people’ has been constructed through the discourses of security and rights. Ever since the early stages of European integration, the security and rights discourses have consisted in the articulation of a meta-constitutional rationale, which is here called the ‘security of the European project’, (...) i.e. a form of political morality that is pursued by the EU as a polity over time and aims at its own survival. Security and rights discourses have contributed to constructing two ideas of ‘people-as-constituent-power’. The first idea is that of ‘mobile people’, i.e. people exercising EU free movement rights. The second idea is that of ‘peoples’ in the plural, conceived as States and citizens at the same time. Nevertheless, these discourses are characterised by a certain degree of ambiguity and have been unrolling as if the development of the EU polity was a mere technical, neutral matter. This state of affairs cannot continue: the European project has always been a political project, and, as integration reaches its more advanced stages, the time has come to disclose its political nature and address conflict openly. (shrink)

This essay argues that Hans-Georg Gadamer's philosophical hermeneutics, Jürgen Habermas's communication theory, and Jacques Derrida's deconstruction all fit together within one philosophical paradigm: metamodernism. Metamodernism, as defined, is opposed to both modernism and radical forms of postmodernism. Within metamodernism, a political conundrum provides the key clue for understanding the relations among Gadamer, Habermas, and Derrida as well as for elaborating the contours of the paradigm. Specifically, the political implications of the three philosophies are intransitive: they seem to shift around rather (...) than being in fixed relations to each other. So, for instance, Gadamer sometimes seems to the political right of both Habermas and Derrida, but then, at different times, he stands between them, and then again, at other times, he seems to be to the left of both. This political paradox suggests that the traditional political categories of liberalism and conservatism do not suitably reflect the critical positions within metamodernism. Gadamer, Habermas, and Derrida are far more concerned with explaining the possibility and techniques of interpretive and social critique, while remaining true to the metamodernist paradigm, rather than fitting themselves into the traditional liberal or conservative political camps. (shrink)