Inclusion of the Other E-Book

Jürgen Habermas

• Herausgeber: John Wiley & Sons
• Kategorie: Geisteswissenschaft
• Sprache: Englisch

Seitenzahl: 568

Veröffentlichungsjahr: 2015

Beschreibung

The Inclusion of the Other contains Habermas's most recent work in political theory and political philosophy. Here Habermas picks up some of the central themes of Between Facts and Norms and elaborates them in relation to current political debates.

One of the distinctive features of Habermas's work has been its approach to the problem of political legitimacy through a sustained reflection on the dual legitimating and regulating function of modern legal systems. Extending his discourse theory of normative validity to the legal-political domain, Habermas has defended a proceduralist conception of deliberative democracy in which the burden of legitimating state power is borne by informal and legally institutionalized processes of political deliberation. Its guiding intuition is the radical democratic idea that there is an internal relation between the rule of law and popular sovereignty. In these essays he brings this discursive and proceduralist analysis of political legitimacy to bear on such urgent contemporary issues as the enduring legacy of the welfare state, the future of the nation state, and the prospects of a global politics of human rights.

This book will be essential reading for students and academics in sociology and social theory, politics and political theory, philosophy and the social sciences generally.

Leseprobe

Contents

Editors’ Introduction

1 The Discourse Theory of Morality and Law

2 Public Reason and Deliberative Democracy

3 The Future of the Nation-State in an Era of Globalization

4 Multiculturalism and the Rights of Cultural Minorities

Translator’s Note

Preface

I How Rational Is the Authority of the Ought?

1 A Genealogical Analysis of the Cognitive Content of Morality

I

II

III

IV

V

VI

VII

VIII

IX

II Political Liberalism: A Debate with John Rawls

2 Reconciliation through the Public Use of Reason

I The Design of the Original Position

II The Fact of Pluralism and the Idea of an Overlapping Consensus

III Private and Public Autonomy

3 “Reasonable” versus “True,” or the Morality of Worldviews

1 The Modern Condition

2 From Hobbes to Kant

3 The Alternative to Kantian Proceduralism

4 A Third Perspective for the Reasonable

5 The Last Stage of Justification

6 Philosophers and Citizens

7 The Point of Liberalism

III Is There a Future for the Nation-State?

4 The European Nation-State: On the Past and Future of Sovereignty and Citizenship

I “State” and “Nation”

II The New Form of Social Integration

III The Tension between Nationalism and Republicanism

IV The Unity of Political Culture in the Multiplicity of Subcultures

V Limits of the Nation-State: Restrictions of Internal Sovereignty

VI “Overcoming” the Nation-State: Abolition or Transformation?

5 On the Relation between the Nation, the Rule of Law, and Democracy

I Constitutional Constructions of Popular Sovereignty

II On the Meaning and Limits of National Self-determination

III A Model of Inclusion Sensitive to Difference

IV Democracy and State Sovereignty: The Case of Humanitarian Intervention

V Only a Europe of Fatherlands?

6 Does Europe Need a Constitution? Response to Dieter Grimm

The Diagnosis

Political Conclusion

The Discussion

IV Human Rights: Global and Internal

7 Kant’s Idea of Perpetual Peace: At Two Hundred Years’ Historical Remove

I

II

III

IV

V

8 Struggles for Recognition in the Democratic Constitutional State

I Taylor’s “Politics of Recognition”

II Struggles for Recognition: The Phenomena and Levels of Analysis

III The Permeation of the Constitutional State by Ethics

IV Equal Rights to Coexistence vs. the Preservation of Species

V Immigration, Citizenship, and National Identity

VI The Politics of Asylum in a United Germany

V What Is Meant by “Deliberative Politics”?

9 Three Normative Models of Democracy

I

II

III

10 On the Internal Relation between the Rule of Law and Democracy

1 Formal Properties of Modern Law

2 The Complementary Relation between Positive Law and Autonomous Morality

3 The Mediation of Popular Sovereignty and Human Rights

4 The Relation between Private and Public Autonomy

5 An Example: The Feminist Politics of Equality

Notes

Index

This translation © Massachusetts Institute of Technology 1998

First published in Germany as Die Einbeziehung des anderen. Studien zur politischen Theorie, © 1996 by Suhrkamp Verlag, Frankfurt am Main, Germany.

First published in Great Britain in 1999 by Polity Press in association with Blackwell Publishers Ltd.

Reprinted 2005

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ISBN 0-7456-3046-4

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Editors’ Introduction

The wide-ranging essays collected in this volume provide an overview of Jürgen Habermas’s work in political philosophy over the past decade together with a number of important elaborations of its basic themes in connection with current political debates. One of the distinctive features of this work has been its approach to the problem of political legitimacy through a sustained reflection on the dual legitimating and regulating function of modern legal systems. Eschewing the revolutionary utopianism of traditional socialism while remaining true to its emancipatory aspirations, Habermas has focused on the claim to legitimacy implicitly raised by the legal and political institutions of the modern constitutional state and has asked how this claim can be grounded in an appropriate theory of democracy. Extending his discourse theory of normative validity to the legal-political domain, he defends a proceduralist conception of deliberative democracy in which the burden of legitimating state power is borne by informal and legally institutionalized processes of political deliberation. Its guiding intuition is the radical democratic idea that the legitimacy of political authority can only be secured through broad popular participation in political deliberation and decision-making or, more succinctly, that there is an internal relation between the rule of law and popular sovereignty.1 In the present volume Habermas brings this discursive and proceduralist analysis of political legitimacy to bear on such urgent contemporary issues as the enduring legacy of the welfare state, the future of the nation state, and the prospects for a global politics of human rights.

Habermas’s political philosophy is marked by a dual focus that mirrors a duality inherent in modern law itself. Modern legal orders are distinguished, on the one hand, by the “facticity” of their enactment and their enforcement by the state (i.e., by their positive and coercive character) and, on the other, by their claim to “validity.”2 Thus a political philosophy that attaches central importance to the legal system must approach the legal and political institutions of the constitutional state simultaneously from two distinct though interrelated perspectives. In the first place, it must address the question of legitimacy: What is the ground of the validity of the principles of justice that form the core of modern democratic constitutions?3 This is, of course, the central question of modern political philosophy in both the liberal and civic republican traditions. Habermas’s theory of political legitimation is deeply indebted to both, but he takes his immediate orientation from a discursive analysis of questions of normative validity. He first developed this approach in his discourse theory of morality and now extends it to the legal domain in a way that is sensitive to the formal features of legality that set it apart from morality. This general approach to normative questions is based on the cognitivist premise that certain kinds of action norms admit of reasoned justification in practical discourse and that their validity can as a consequence be elucidated by an analysis of the forms of argumentation through which they are justified.

However, this normative approach to law and politics is in need of supplementation by an analysis of the functional contribution that positive legal orders make to the stabilization and reproduction of modern societies. Modern legal systems developed in response to the problems of social order created by accelerating processes of modernization; the formal features of legality are dictated by this regulative function of modern law. Moreover, Habermas claims that these two approaches to law, the normative and the functional, are inseparable. The problem of the basic principles of a constitutional democracy cannot be addressed in abstraction from the positive and coercive character of the legal medium in which they are to be realized; and these formal features of modern law are conditioned by the problems of social integration and reproduction to which modern legal orders respond. It is crucial for the analyses of human rights and popular sovereignty that form the core of Habermas’s theory of democracy that the parameters of the problem they are intended to solve are laid down by history. If, following Habermas, we approach the problem of legitimacy by asking what rights free and equal citizens have to confer on one another when they deliberate on how they can legitimately regulate their common life by means of law, then the medium or language in which they must answer this question is not something they are free to choose but is imposed by the constraints of the task they are trying to solve. There are no functional alternatives to positive law as a basis for integrating societies of the modern type.

It is not our aim to offer an exhaustive analysis of this wide-ranging theoretical project here. Instead, by way of introduction we will outline the relevant features of Habermas’s discourse theory of normative legitimacy as they bear on his theory of legal rights (section 1), before turning to his proceduralist conception of deliberative democracy (section 2). We will then consider the implications of this project for the problems of the future of the nation state, of a global politics of human rights, and of corresponding supranational political institutions (section 3). This will provide the background for some concluding remarks on Habermas’s contributions to the debates currently raging on multiculturalism and the rights of cultural minorities (section 4).