Τύποι των δικαιωμάτων και του πράττειν στον Χάμπερμας σε σχέση με παραδοσιακές θεμελιώσεις

Abstract

In the context of the contemporary dialogue which seeks a new content for the historical terms of democracy, rights and the normative bounds that comprise the rule of law of modernity, J. Habermas’ intervention is of special interest. He has introduced a unified ethical-political approach between the rule of law and democracy and between the public and private autonomy of the rights. Habermas’ intervention attempts a historical reconnection with the Kantian normative model by demonstrating the relative independence and the essential mediatory role of the normative approach. Habermas stresses the need to ensure "equal right" both for the public and the private space within the frames of the community, while ensuring the possibility of a mediatory process between the two spaces, brought about through the communicative reason. Foundations of Weberian and Marxist type which start from the antipodes of a normative problématique, are juxtaposed in a schema of this type so that Habermas’ important differentiation may be proved. After all Habermas himself, in structuring his arguments refers to conceptual constructs which are directly related to M. Weber and indirectly to K. Marx, in order to demonstrate the autonomy of the normative model. In conclusion, through this methodological comparison and juxtaposition, we explore the possibility to approach the contemporary meaning of rights, democracy and the normative framework comprising the rule of law, beyond both fixations of a historical nature and formalistic approaches which tend to substitute the essential social relationships.