In the first essay, Habermas himself succinctly presents the centerpiece of his theory: his proceduralist paradigm of law. The following essays comprise elaborations, criticisms, and further explorations by others of the most salient issues addressed in his theory. The distinguished group of contributors—internationally prominent scholars in the fields of law, philosophy, and social theory—includes many who have been closely identified with Habermas as well as some of his best-known critics. The final essay is a thorough and lengthy reply by Habermas, (...) which not only engages the most important arguments raised in the preceding essays but also further elaborates and refines some of his own key contributions in _Between Facts and Norms_. This volume will be essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age. These provocative, in-depth debates between Jürgen Habermas and a wide range of his critics relate to the philosopher's contribution to legal and democratic theory in his recently published _Between Facts and Norms_. Drawing upon his discourse theory, Habermas has elaborated a novel and powerful account of law that purports to bridge the gap between democracy and rights, by conceiving law to be at once self-imposed and binding. (shrink)
Spurred by recent governmental transitions from dictatorships to democratic institutions, this highly original work argues that negotiated civil society-oriented transitions have an affinity for a distinctive method of constitution making— one that accomplishes the radical change of institutions through legal continuity. Arato presents a compelling argument that this is the preferred method for rapidly establishing viable democratic institutions, and he contrasts the negotiated model with radical revolutionary change. This exceptionally engaging work will be of interest to students and scholars of (...) comparative politics, constitutional law, and East European studies. (shrink)
How is it possible, that after the exhilarating start of democratic transitions in the late 1980s and 1990s, today authoritarian–populist options seem to be emerging in many new, as well as old democracies? Why does populism, that in most of its historical varieties has been anti-institutional and anti-procedural, turn to constitution making and constitutional rhetorics as one of its main arenas of contestation? The answers to these questions are related. In the following, in the form of six theses, I start (...) with what I mean by ‘populism’. Next, I wish to point to the two deficits of liberal democracy that provides the context for the rise of populist politics. These deficits according to me have been intensified in many of the new democracies. I continue by stressing populisms own deficits as the reason for turning to the constituent power. I end with a consideration of what liberal democrats can do to address the causes of the populist temptation. (shrink)
The article has several theses. First we propose that there is a new method of constitution-making today, the two-stage, post-sovereign one perfected in South Africa. Second, we admit the path-dependent nature, and difficult pre-conditions, of this method. Third, we maintain that even when the full method is unlikely in a given context, its legitimating principles nevertheless can play a role through international dissemination. We explore that possibility in the context of the projected comprehensive reform of Turkey, and the constitutional revolution (...) in Egypt. It is our belief that in these contexts one can learn both from successes of the new method and also from its failures typified by the Hungarian case that we briefly present. We are unfortunately not optimistic about the success of the new method especially where actors maintain their strong belief in the constituent power of the popular sovereign. This is likely to be the case in revolutions, but can happen in reform or even during the last state of the post-sovereign method itself. (shrink)
This short article will seek to explore the causes, and possible solutions, of what seems to be the current freezing of the Turkish constitution-making process that has had some dramatic successes in the 1990s and early 2000s. I make the strong claim that democratic legitimacy or constituent authority should not be reduced either to any mode of power, even popular power, or to mere legality. It is these types of reduction that I find especially troubling in recent Turkish constitutional struggles, (...) where the legal claims of two powers — the government-controlled legislative and the judicial branches — to structure the constitution are not backed by sufficient political legitimacy. In effect these two powers that claim their constituent authorization, rather implausibly in my view, from either the democratic electorate or from an original constituent power, because of their conflict threaten to freeze the constitution-making process that very much needs to be continued and concluded. I end the article by making a suggestion for one possible constitution-making procedure that would be both legitimate and legal. (shrink)
This book focuses on Andrew Arato’s democratic theory and its relevance to contemporary issues such as processes of democratization, civil society, constitution-making, and the modern Executive. Andrew Arato is -both globally and disciplinarily- a prominent thinker in the fields of democratic theory, constitutional law, and comparative politics, influencing several generations of scholars. This is the first volume to systematically address his democratic theory. Including contributions from leading scholars such as Dick Howard, Ulrich Preuss, Hubertus Buchstein, Janos Kis, Uri Ram, Leonardo (...) Avritzer, Carlos de la Torre, and Nicolás Lynch, this book is organized around three major areas of Arato´s influence on contemporary political and social thought. The first section offers a comprehensive view of Arato’s scholarship from his early work on critical theory and Western Marxism to his current research on constitution-making and its application. The second section shifts its focus from the previous, comprehensive approach, to a much more specific one: Arato´s widespread influence on the study of civil society in democratization processes in Latin America. The third section includes a previously unpublished work, ‘A conceptual history of dictatorship (and its rivals,)’ one of the few systematic interrogations on the meaning of a political form of fundamental relevance in the contemporary world. Critical Theory and Democracy will be of interest to critical and social theorists, and all Arato scholars. (shrink)
Constitutional politics has returned in our time in a truly dramatic way. In the last 25 years, not only in the new or restored democracies of South and East Europe, Latin America and Africa, but also in the established liberal or not so liberal democracies of Germany, Italy, Japan, Israel, New Zealand, Canada and Great Britain, issues of constitution-making, constitutional revision and institutional design or redesign have been put on the political agenda. Even in the United States, given the new (...) or renewed problems of our versions of presidentialism, federalism and electoral regime, Article V has come to be experienced as a veritable prison house, and judicial constitution-making (think of Buckley v Valejo) is often seen as much as a threat to, as the protection of, democratic mechanisms. And, most recently, in countries currently experiencing externally imposed revolutions, namely Afghanistan and Iraq, constitution-making has turned out to be a central stake in the ongoing political process. We are living in an epoch in which the nations seem to be slouching, or being prodded, toward Philadelphia and Americans, as the heirs of Madison and MacArthur, are sorely tempted to try teaching others the secrets of its success as a supposedly continuous 200-year-old constitutional democracy. But to be an effective teacher, it is not enough to be in a position of political-military superiority. One must first relearn to learn and even to re-learn. (shrink)
Thirty or even fifty years ago, the apology on the Left for the Soviet Union was direct. Today no one can read what the Webbs wrote in the '30s or what Sartre wrote in the early ‘50s without laughing, though we should recall the seriousness of the crimes they managed to represent — and, for the relevant audience, successfully. We have come a long way from all that, or so it seems. Actually, left-wing writing these days on the whole is (...) still apologetic — even if in indirect forms. Of the two major types of exercises in mystification, the one postulates an essential parallelism between the U.S. and the U.S.S.R. as forms of domination, as centers of imperial systems, in one recent version as “exterminist” social formations. (shrink)
El concepto de sociedad civil ha cobrado especial relevancia en el ámbito de la teoría política de la democracia por su potencialidad analítica para el estudio de las transiciones desde regímenes dictatoriales a otros democráticos, así como para identificar nuevas esferas susceptibles de profundización democrática en el seno de las democracias realmente existentes. Tomando como base empírica de referencia las experiencias democratizadoras acaecidas en Europa Central y del Este, en el artículo se pasa revista a las principales objeciones teóricas al (...) uso contemporáneo del concepto de sociedad civil y se apuntan algunas áreas de investigación que contribuirían al proyecto permanente de ensanchamiento democrático. (shrink)
Can a disastrous policy of illegally invading and occupying a distant country without a legitimate casus belli nevertheless have some good as its unintended consequence? Yes, but one should not generally count on it.
