This is the Introduction to a collected volume.

In this paper, I critically analyze Andrea Sangiovanni’s approach to international justice in the EU that he labels Reciprocity-based Internationalism (RBI). I aim to show that the type of reciprocity RBI operates with is not a morally attractive ground for distributive justice because it cannot cope with the case of member states’ inability to reciprocate the production of collective goods at the EU level. I illustrate this with the case of disability. I contrast RBI’s understanding of reciprocity with Christie Hartley’s (...) ‘relationship model’. I argue that the relationship model of reciprocity should characterize the EU, whose two core normative features are fraternity and equal status. The advantage of the relationship model is that it calls for a stronger type of solidarity than RBI does. That not only entails the willingness to support those worse-off members that cannot productively reciprocate other member states’ efforts at the EU level but also calls for a higher redistribution rate within the EU. In the paper, I make three comparisons between RBI’s ‘productive reciprocity’ and the relationship model. The first concerns non-EU-integration-related disadvantages; the second concerns membership cases, such as accession to federations and supranational unions, while the third comparison examines EU-integration-related disadvantages. I argue that the relationship model is a better alternative to RBI in both integration-related and non-integration-related disadvantages. Also, the relationship model can justify accession cases where previous historical ties are relevant, which are outside of the purview of RBI. (shrink)

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

In keeping with the radical openness of his theory of democracy, Habermas avoided pre-determining the ideal mode of economic organization for his favoured model of deliberative democracy. Instead of attempting a full-blown derivation, in this article, I propose adapting the Rawlsian method of comparing different political–economic regimes as candidate applications of his theory of justice to Habermas’s theory of deliberative democracy. Although both theorists are seen as endorsing liberal democratic world views, from the perspective of political economy, the corollary of (...) their conceptions of democracy would arguably veer elsewhere: in Rawls’s case, into the territory of property-owning democracy or democratic socialism, and in Habermas’s, into any political–economic regime which guarantees the real exercise of full political and discursive liberties against the background of legitimate lawmaking. The ultimate aim of this article is to discuss whether a concrete conception of democratic socialism, if any, is compatible with Habermas’s theory of deliberative democracy. (shrink)

The aim of this article is to show how both Jan Patočka and Jürgen Habermas, starting from a reinterpretation of the idea of «lifeworld», engaged a critique of modern civilisation, aiming (with different outcomes) at a redefinition of the concept of political community. In order to achieve this goal, I firstly focus on Patočka’s understanding of modern rational civilisation and its attempt to fix the fracture between «life» and «world». At this stage, I take also advantage of Hans Blumenberg’s distinction (...) between these two terms, in order to better clarify Patočka’s stance on this problem. Secondly, I analyse Habermas’ ideas of lifeworld and system, and their uncoupling in modern societies, as well as the reemergence of this issue in Habermas’ recent works on the European economic and political crisis. Finally, I focus on the very different ways in which Patočka and Habermas tackled the ideas of conflict and crisis in contemporary world, also in view of a possible path out of this crisis through a re-constitution of Europe. (shrink)

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)

Given that we have democracy of a kind in most of Europe, and that there seems a reasonable prospect of its survival in, and extension to the rest of, the sub-continent, this article asks whether and to what extent we also need European-level democratic politics and how we might hope to achieve this, against the background of the current crisis. This article examines the ‘democratic deficit’ in the EU and the tensions between its formal decision-making structures and the growth of (...) what has been called ‘executive federalism’, and also between collective planning and deregulation. (shrink)

In 1992, the Frankfurt scholar Ingeborg Maus launched a polemical attack against then current narratives of democratic protest, objecting to the languages of ‘resistance’ or ‘civil disobedience’ as defensive, servile and insufficiently transformative. This article explores in how far the language of constituent power can be adopted as an alternative justificatory strategy for civil disobedience in transnational protests. In contrast to current approaches that look at states as agents of international civil disobedience-as-constituent power, I suggest we look at political movements. (...) I focus on the example of the Democracy in Europe Movement 2025 which understands itself as a pan-European movement of civil disobedience, at the same time working towards an articulation and exercise of constituent power among the people of Europe. In the final section, I sharpen the criteria for the invocation of constituent power in transnational protest in distinguishing between its articulation, activation and... (shrink)

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...

The emergence of the European Union as an autonomous actor, to some degree independent of its member states, raises the issue of a common European identity. Nowadays, this identity is predominantly understood in universalistic terms. This is evident in Jürgen Habermas’ constitutional patriotism, which represents an attempt to integrate the EU on the basis of universal legal-political norms. This universalism is, however, problematic because identity is a relational notion and requires the constitution of a particular boundary. Although Habermas admits the (...) necessity of drawing a distinction between the inside and the outside, his universalistic approach, which ignores cultural aspects, prevents the marking out of a substantive boundary. By contrast, the article asserts the view that European identity can be delineated only in virtue of its being distinct from some concrete out-groups and that, in addition to the normative dimension, redefined as particular, such an identity must also include a value one. (shrink)

The main idea behind this article is that in order to understand the meaning that Kant?s political philosophy is rendered to by the given socio-historical context of a community we need to turn for help to artistic genius whose subjective?I? holds a general feeling of the world and life. It is in this sense that authors of great novels can help us in two ways. First, their works summarise for our imagination artistic truth about man?s capacity for humanity, the very (...) thing that Kant considers to be the scientifically improvable?fact of reason?. Second, works of great writers offer for our insight destinies of individuals who decide to pursue moral dictate in a society, thus actualising the potential that lies hidden in all of us, making us worthy of respect. As we lack objective scientific standard of measurement, artist?s universal feeling of the world is impressed upon us through a narrative about a man who, in a given society and in a given moment, decides to exercise his autonomy and seek the divine in himself. Contemporary social scientists? attempts to prove historical progress is characterised by the very lack of humbleness. Referring to the great novelists? works in this article is aimed to remind scientists of restraint and self-control demanded from them by the citizen of Konigsberg. nema. (shrink)

Two recent books on populism represent more than any other the new mainstream in populism studies. Through a reconstruction of the main arguments advanced by Jan-Werner Müller, on the one hand, and Cas Mudde and Cristóbal Rovira Kaltwasser, on the other, this article aims to highlight both the significant accomplishments as well as the main limitations of this orientation. Special attention is given to the way in which the two projects deal with the relationship between populism and democracy. In this (...) respect, substantial differences emerge between them, largely due to the different scope of each intervention: Müller articulates a polemical argument, while Mudde and Kaltwasser seem to encompass a more nuanced research agenda. And yet, despite all their differences, the two books share a common definitional basis when they identify moralization and moralism as the kernel of populist ideology. It is here, however, that the shaky basis of the new mainstream is revealed. Apart from betraying substantive continuities with a discredited Cold War pluralism, this moralistic stress seems ultimately inadequate to function as the central criterion for the differential identification of populism. (shrink)

Based on a critical reading of Jürgen Habermas’s journalistic writings on the European Union, the article argues that Europe’s current crisis is also a crisis of its narratives, and hence a crisis of meaning. The German philosopher has revised his political vision of a united Europe but has done so without abandoning his neo-Kantian ‘soft revolutionism’. The EU of the future is not only envisaged as an alternative to the allegedly defunct European nation-state, but also as the antithesis to US-style (...) federalism and to what is called ‘post-democratic executive federalism’. What is more, Habermas no longer fully trusts in the power of the better argument, as championed in his critical social theory. Instead, his hope of normative progress towards a socially and politically more integrated Europe is founded on a belief in the power of the crisis itself – aided by a convincing pro-European narrative – to drive us in the same direction as that indicated by reason. The conclusion contrasts Habermas’s utopian Europeanism, which has failed to find favour with the wider European public, with a less utopian alternative inspired by the highly specific, non-universal situation of the Old Continent. (shrink)

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)

According to David Miller, immigration is not a human right. Conversely, Kieran Oberman makes a case for immigration as a human right. We agree with the latter view, but we show that its starting point is mistaken. Indeed, both Miller and Oberman discuss the right to immigration within the liberal paradigm: it is a right or not depending on the correct balance between the interests of the citizens of a given national state and the interests of the immigrants. Instead, we (...) claim that public justification can underpin immigration as a human right. That said, the public justification of the right to immigration has several counterarguments to rebut. Before we deal with that issue, relying on Jürgen Habermas’s social theory, we examine the legal structures that could support the right to immigration in practice. To be sure, this does not provide the normative justification needed, instead it shows the framework that allows the institutional realization of this right. Then, through a combination of civic and cosmopolitan forms of solidarity, the article discusses the formation of a public sphere, which could provide the justification of the right to immigration. (shrink)

The debate concerning solidarity and justice among states has missed the key contribution made to international affairs by corrective justice. Unlike distributive justice, which applies within states, corrective justice applies among states. It applies in particular to cooperative arrangements creating interdependence among them. Corrective justice does not require fairness in outcomes. It requires redress in cases of loss caused by unfairness. An illustration of corrective justice among states is the Eurozone’s response to the financial crisis. The assistance offered to the (...) most burdened states was not as an attempt to arrive at fair shares but an attempt to remedy the losses unfairly caused by the mistakes made by the Eurozone as a whole, when designing its basic architecture. (shrink)

Drawing on a documentary analysis of two socioeconomic policy programs, one Flemish (“Vlaanderen in Actie”), the other Walloon (“Marshall Plans”), and a discourse analysis of how these programs are received in one Flemish and one Francophone quality newspaper, this article illustrates how Flanders and Wallonia both seek to become top-performing knowledge-based economies (KBEs). The article discerns a number of discursive repertoires, such as “Catching up,” which policy actors draw on to legitimize or question the transformation of Flanders and Wallonia into (...) KBEs. The “Catching up” repertoire places Flanders resolutely ahead of Wallonia in the global race toward knowledge, excellence, and growth, but suggests that Wallonia may, in due course, overtake Flanders as a top competitive region. Given the expectations and fears that “Catching up” evokes among Flemish and Walloon policy actors, the repertoire serves these actors as a flexible discursive resource to make sense of, and shape, their collective futures and their regional identities. The article’s findings underline the simultaneity of, and the interplay between, globalizing forces and particularizing tendencies, as Flanders and Wallonia develop with a global KBE in region-specific ways. (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)

The democratic criteria for representation in the European Union are complex since its representation involves several delegation mechanisms and institutions. This paper develops institutional design principles for the representation of peoples and individuals and suggests reform options of the European Union on the basis of the theory of multilateral democracy. In particular, it addresses how the equality of individuals can be realised in EU representation while guaranteeing the mutual recognition of peoples. Unlike strict intergovernmental institutions, the EU requires an additional (...) and independent legislative chamber in which individuals are directly represented. However, strict equality of individuals cannot be the guiding principle for this chamber. In order to avoid the overruling of peoples through supranational majorities, it is necessary to bind the chamber's composition by a principle of degressive proportionality. The representation of peoples, on the other hand, needs to be connected to their domestic democratic institutions. (shrink)

This article investigates the model of the transnational cosmopolitan moral-legal community of limitless communication. This model, using philosophical means, appears as an attempt to underscore the impossibility of authoritarian monopolies of power which resulted in the dictatorial regimes and national totalitarian communities of the 20th century. I will reconstruct this model of the supranational community, and analyze the mode of morally-oriented intersubjective interactions within this community. I will show that the differentiation of limits between the “interior” and the “exterior” worlds (...) is an essential communicative and ethical problem in Habermas’ theory. According to this differentiation, subjective “verity” of an individual/local community may be defined and justified by purposes, axiological preferences, and tastes of a particular individual/community; while a claim pretending to be an intersubjective norm should be justified and voluntary accepted by all concerned with this norm. The non-differentiation of limits between what one believes to be “veritable”, and what one claims others should accept as a norm underlies most social, political, ethnical, confessional conflicts, and communicative deformations. Until recently, academic literature did not pay much attention to this key aspect of Habermas’ theory. At the same time, it is this differentiation between the subjectively “veritable” and the intersubjectively valid that makes Habermas’ community anti-totalitarian, and reveals the deep political significance of intersubjective limits. (shrink)