Abstract

In Habermas’s discourse theory of law, the guarantee of citizens’ private and public autonomy is a prerequisite of legitimate law. This includes social entitlements. They provide the living conditions necessary for equal opportunities in the use of private and public freedoms. A proceduralist paradigm of the welfare state ensures private and public autonomy in shaping social rights. This makes welfare state regulations a legitimizing institution. This legal theoretical approach is outlined and defended against objections. The focus falls on examining the critique of the justification and quality of social entitlements. Also considered are possible measures to strengthen the basis of legitimation in shaping social rights.