Governing Health and Social Security in the Twenty-First Century: Active Citizenship Through the Right to Participate

Law and Critique 21 (2):163-182 (2010)
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Abstract

This article discusses the role of individual rights in the production of active citizenship. In recent years, the notion of ‘active citizenship’ has become an object of research in both political and social science. Studies that draw on the Foucaultian governmentality tradition have been particularly interested in various societal discourses and practices through which active citizenship is being produced. However, the role of law and rights has been neglected or even rejected in these studies. The aim of this article is thus to show that certain procedural rights, the right to participate in particular, constitute an important legal technology in the production of active citizenship. The analysis is based on the recent developments in Finnish social and health care law. It will also be argued that despite the apparently convergent subject-matter, Jürgen Habermas’s normative theory of the ‘procedural paradigm of law’ does not offer a meaningful framework in which to address the relationship between active citizenship and procedural rights since it is based on an overly narrow conception of subjectivity.

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Foucault, Rights and Freedom.Ben Golder - 2013 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (1):5-21.

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