Jurgen Habermas i deliberativna demokracija
In: Politicka misao, Band 41, Heft 4, S. 5-21
The author looks into Habermas' theory of deliberative democracy in the context of the present-day debates on the theory of morals & politics. The starting point of Habermas' theory is his idea of discourse ethics. This is cognitivist ethics in the tradition of Kant, Rawis, Tugendhat & Apel that is built around the concept of normative correctness analogous to the descriptive notion of truth. This idea is best expressed by Kant's categorical imperative, according to which the validity of norms depends on their generalizability. Habermas, in line with Kant, is aware of the impossibility to rationally found universalist ethics. Instead of the final (deductive) foundations he offers the reflexion about the assumptions of a meaningful discourse i.e. the argumentation rules that must be respected if language communication is to be meaningful. Habermas' outline of the theory of law in his book Between Facts and Norms (Faktizirat und Geltung) builds on this moral-theoretical position. In modern society the function of law is to facilitate social communication: law is the legitimate framework of social communication on which the actors can rely. Habermas considers the specific link between human rights & popular sovereignty as the source of legitimacy. Human rights & popular sovereignty mutually condition each other & at the same time there is tension between them. The absolutization of individual rights makes democracy impossible since decision-making is obstructed; absolutization of popular sovereignty leads to the tyranny of the majority & the loss of rights. Habermas thinks that law can be legitimized by communicational mediation between the individual rights & popular sovereignty, in line with the principle that the claim to validity can only be laid by those norms that are approved of by all potentially affected individuals as rational discourse participants. Popular sovereignty is consistently procedurally interpreted. On the one hand, it is practised by means of public discourses & on the other through decision-making processes within democratically structured political institutions. The two dimensions of legitimizing law are different yet complementary: public discourses take place in civil society, political decisions are made in democratic institutions of the state. This is also an outline of the specific position of Habermas' political theory of deliberative democracy. It is equally distant from the model of liberal democracy which emphasizes possessive individualism & the protection of citizens' private interests, & from the republican democratic model that emphasizes political participation of active citizens. The theory of deliberative democracy emphasizes the importance of civil society: It is a sort of a practical verification of discourse ethics. Civil society is a sphere of autonomous public communication that is complementary to state administration but cannot substitute it. Communication power is exercised in the "siege mode" i.e. multiple discourses of civil society should contribute to the rationality & legitimacy of the decisions made by the political system, but do not have to replace them nor expose them to populist pressures. 2 Figures, 16 References. Adapted from the source document.