Abstract
ABSTRACT This article provides a criticism of the apolitical starting point of social contract theories through the analysis of Rawls's original position and Habermas's idea of complex society, arguing that such depoliticized starting point leads to the refusal of the centrality of social struggles between classes as the basis of streamlining social evolution and institutional constitution. In order to achieve political agreement, it erases and even eliminates the struggles between social classes, the status quo and the social-political differences between social groups as the core of societal and institutional configuration. Moreover, it leads to strong institutionalism-the centrality of the formal spheres and subjects (institutions, their proceduralism and legal staff, as political parties and courts) in relation to informal spheres and subjects (civil society, social movements and citizen initiatives). Therefore, the political consequences of a depoliticized or apolitical starting point are threefold: (a) the depoliticization of social struggles between opposed social classes, (b) the strong institutionalism by the emphasis in the depoliticized institutions and in the rule of law, and (c) the weakening of a democratic political praxis performed by social movements and citizen initiatives from a direct contraposition and even substitution of the institutions, their proceduralism and legal staff with the spontaneous politicalcultural praxis of these social movements and citizen initiatives. The great problem and challenge of contemporary democratic societies, namely the correlation between strong institutionalism, political parties and economic oligarchies, cannot be resolved from the juridical-political procedural paradigm's emphasis on institutionalism and the rule of law, but only by a reaffirmation of political praxis as the fundamental core of institutional and societal constitution, legitimation and evolution, which implies that democratic politics must be conceived of as a permanent struggle against strong institutionalism by the political subjects of civil society. Here a permanent and radical politicization of the informal public spheres and subjects is required.
Highlights
Contemporary political philosophy uses and stylizes the notion of social contract as a methodological procedure for the foundation of an objective conception of social normativity which has an eminently political sense and goal: to serve as an epistemological-moral basis to the mediation of opposed social vindications, social struggles, political-cultural subjects and institutional dynamics. Despite their intention to ground a political theory for a contemporary pluralistic democratic society, nothing is more apolitical than the starting point of social contract theories: their impartiality, neutrality and formalism regarding historical-sociological class struggles, status quo and empirical political conditions leading to a historical-sociological blindness in relation to the political theory, political subjects and the social-political consequences of political praxis
Formal spheres and subjects have the central role and priority regarding informal spheres and subjects, so that institutions, their proceduralism and legal staff become more important than civil society, its spontaneous political praxis and social movements
The central argument of this article is that a political theory for a contemporary society cannot base its normative content, diagnoses and political orientations in a depoliticized starting point which erases the political struggles between social classes as the effective fundament of social evolution and institutional constitution, as it cannot lead to the centrality of juridical-political institutions—the rule of law—as the basis of the institutional and societal legitimation and evolution, beyond social movements and citizen initiatives
Summary
Contemporary political philosophy uses and stylizes the notion of social contract as a methodological procedure for the foundation of an objective conception of social normativity which has an eminently political sense and goal: to serve as an epistemological-moral basis to the mediation of opposed social vindications, social struggles, political-cultural subjects and institutional dynamics.
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