Chapter

Private and Public Autonomy Revisited: Habermas’ Concept of Co-originality in Times of Globalization and the Militant Security State

Rainer Nickel

in The Paradox of Constitutionalism

Published in print August 2008 | ISBN: 9780199552207
Published online January 2009 | e-ISBN: 9780191709654 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199552207.003.0009
 Private and Public Autonomy Revisited: Habermas’ Concept of Co-originality in Times of Globalization and the Militant Security State

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This chapter develops a theoretical perspective in sympathy with the Habermasian idea of the symbiosis of the legal and the political, of (private) rights and (public) democracy, of the Rechtsstaat and popular sovereignty. It supplements this account by showing that the productiveness of the tension between the two remains no less precarious than it has ever been, always likely to become skewed in favour of the rigid priority of rights or of communitarian excess. The symbiosis of private and public autonomy — of constituted and constituent power — thus remains a fragile and in many contexts elusive achievement.

Keywords: Habermas; rights; democracy; Rechtsstaat; popular sovereignty

Chapter.  10854 words. 

Subjects: Jurisprudence and Philosophy of Law

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