Ota Weinberger’s conception of democracy: reconstructing an unexplored political theory

Abstract

Ota Weinberger was a Czech-Austrian jurist, whose core academic work on issues of democracy was mostly published in the 1990s. In his writings, he focused primarily on legal philosophy from a positivist perspective. However, there are also significant overlaps with the field of political theory as Weinberger examined the conditions for the functioning of contemporary democracies. In this paper, some of the main features of his conception of the so-called “structured democracy” are clarified. The conception opposed several other democratic theories, especially the elitist (Schumpeterian), the majoritarian, but also the discursive one, as represented by Jürgen Habermas, with whom Weinberger fundamentally disagreed. The paper focuses on several key elements of his theory, such as the leading ideas, the role of institutions, open society, and his critique of marketing methods in politics.