Habermas on Liberties and Legal Order

Room: 
Room 027a, Law & Politics Building
Time Slot: 
Wednesday 28th March 13:30 - 15:00
Panel Chair: 
  • Mr Keith Pisani (University of Malta)
Panel Discussant: 
  • Ms Ravza Altuntas-Cakir (Durham University)
Panel Members: 
  • Mr Siyang Liu (Durham University)
  • Dr Daniel Kuchler (Center for Global Politics, Berlin)
  • Dr Shinichi Tabata (Waseda University)

Liberals believes that citizens could be sufficiently protected from political domination, if their basic private liberties could be secured within a constitutional state. This belief has been challenged by Habermas, because the general public is under the influence of both the economic power of capitalist market and the administrative power of the state bureaucracy. He argues that in order to prevent political domination, citizens should have equal civil rights to participate in the critical-rational discussion of the legitimacy of their legal order, in addition to their private liberties. In light of the recent rise of populism in the US and Europe, we are looking for papers focusing on the following questions: Do civil liberties belong to the public or the private sphere? Are the civil rights of citizens sufficient to protect them from political domination from the economic and political elites? Can Habermas's theory of law as the medium between facticity and validity help us develop effective critique of populism and post truth politics? Is there a tension between personal liberty and civil rights which Habermas did not envisage? In the context of populism and post-truth politics, do we need a different perspective to Habermas's account of the legitimation of a legal order?