Civil Society and Political Theory [1992] by Jean L. Cohen Andrew Arato

Author:Jean L. Cohen, Andrew Arato [Cohen, J. L.; Arato, A.]
Language: eng
Format: epub
Publisher: MIT Press
Published: 1992-04-02T05:00:00+00:00

To proceed from the side of contemporary political institutions to locate the necessary minimum for democratic legitimacy thus seems quixotic. Rather than appearing as instances of actual discourses, these institutions seem to reduce the principles of democratic legitimacy to their counterfactual status. The standards of discourse ethics seem to lift the democratic veil off the political practices of mass democracies, rather than finding institutional supports in them.

It might be objected that the civil and political rights established outside the state sphere do represent institutionalizations of freedom and justice. Indeed, if one proceeds from the standpoint of civil society rather than that of the political system, a way beyond the nomy of normative development and institutional decline opens up.104 More specifically, the conception of rights could lead to a theory of civil society as the minimum framework for institutionalizing discourse ethics.

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