We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
HABERMAS'IN POLİTİKA FELSEFESİNİN WEBERCİ REHABİLİTASYONLARI: LİBERAL HUKUK DEVLETİNİN DEMOKRATİK DÖNÜŞÜMÜ.
- Authors
GÜREL, Özgür Emrah
- Abstract
This article attempts to examine the deliberative democratic theory in Between Facts and Norms, Jürgen Habermas's mature work of legal and political philosophy, aiming to overcome the tension between two main political regimes of the 20th Century; namely the liberal state of law (Rechtsstaat) and the social-welfare state (Sozialstaat). The starting point of this study lies in the effort to understand and transform the Kantian dualities, playing a central role in Weber's sociology of law, which Habermas has subjected to critical reading throughout in his career. One of the most fundamental issues addressed in Between Facts and Norms is to rebuild a structural analysis in a post-metaphysical age that aspites to mediate between the empirical facticity and abstract validity while recognizing the normative gap offered by Weber's critical investigations, which left behind both the social contract tradition and modern natural law theory. It is important to recognize that Habermas's political struggle requires him to work through persistent antinomies in German intellectual traditions such as, the so-called formal versus material elements in law, legal positivism and natural law, the Rechtsstaat and the Sozialstaat, the state's monopoly of violence and the right of resistance. This article in essence argues that Habermas has developed a theory of "social-republicanism", which aims at overcoming these dualities each time without rejecting the basic principles of rule of law. The investigation into Habermas's defense of the democratic Sozialstaat examines the subject matter under five subheadings: 1) Understanding how Weber had revised the modern natural law theories and his reservations for the social welfare state in his Economy and Society, 2) Explaining Habermas's efforts to translate his system/lifeworld theory into juridical terms in his Theory of Communicative Action, 3) Clarifying the goal of developing a theory of constitutional democracy in Between Facts and Norms that corrects the inadequacies of excessively substantive and overly formalistic alternatives, 4) Discussing a theory of legal adjudication that is neither inherently elitist nor rationally incoherent and illegitimate and finally 5) To uncover a strategy for bringing closer the advantages of the rule of law and the welfare state models without destroying neither of them. In conclusion, this reading model suggested above proposes to understand Between Facts and Norms as Weberian rehabilitations of Habermas's political philosophy.
- Publication
Academic Journal of Philosophy / Felsefi Düşün, 2022, Issue 19, p227
- ISSN
2148-0958
- Publication type
Article