Suchergebnisse

In this study, the author analyzes the relationship between general culture & its particularistic segments within the integral political community & concludes that as long as there are citizens, there will be a conflict between the general & the singular; also, the mediation between these two categories is never final; instead, one should repeatedly define what is appropriate, right, & compulsory. This is the strength of the type of reasoning to which the schematic landmarks such as universalism & particularism are necessary only as reminders of what is missing in order to fill in the gaps. Adapted from the source document.

The author claims that Haberle's theory of the constitution is a science of culture, opposed to formalism, decisionism, positivism, & statism. It is based on the continuity & the relationship among culture-building, law, & state. The subjects of the constitution-formative authority are mutually culturally linked citizens who decide on the objectively given subject-matter & procedures. The theory of the constitution as a science of culture is based on the assumption that serious conflicts among the open societies of Western Europe are highly unlikely. This represents a significant departure from the positivist theory of the state grounded in the conflict of interests & opinions as well as the strong regulatory role of the state. The author challenges Haberle's disregard for the crisis potential of modern societies & proposes that these two opposed theories should complement each other. The author goes on to describe Haberle's research method, which includes an analysis of both the cultural context & the normative/constitutional solutions. He applies this research method to the constitutional laws of Germany, Switzerland, & Austria, & also when comparing large & small states, or developed & underdeveloped ones. Haberle espoused Taylor's definition of culture: culture & civilization are equated so that the systems of culture are on the one hand products of activity, & on the other the conditioning element of future activity. According to Haberle, the culture of a community starts from the traditional, innovative & pluralist aspects that are the orientation points for constitutional science as a science of culture. Regarding tradition, culture is mediation of things past. The innovative aspect is based on the idea that culture is a further development of things past. Since culture is not uniform, its pluralist aspect should not be forgotten. Thus the citizens of a democratic constitutional state make up the cultural/anthropological premise, while the state is only one aspect of the constituted res publica. The constitutional state today goes beyond the scope of the national state since the regional European constitutional state has been evolving together with the outlines of "the world community of constitutional states.". 9 References. Adapted from the source document.