Constitutionalizing Polytheism

Author/s Leonardo Ceppa
Publishing Year 2006 Issue 2006/2
Language Italian Pages 9 P. File size 82 KB
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«From the pyramid to the net». So we can describe the passage from the Kantian perspective of Rawls and Habermas to the systemic and postmodern perspective of Luhmann and Teubner. Two opposite ways to justify the rule of law. But in this clash between modernism and postmodernism not enough emphasys has been devoted to the «revision of postmodernism» which differentiates Teubner from Luhmann. In fact Teubner fights on two fronts. He dismisses both the Kantian universalism of law and the normative lack of Luhmann’s systemic functionalism. Against Habermas’s Kantian reasoning, he proposes a weak concept of legitimacy and democratic justification. Against the postmodern refutation of the law (a refutation spelled out theologically by Derrida, empirically by Luhmann, «lebensphilosophisch» by Antonio Negri and Foucault) he emphasises the «civilizing influence» of the law. In other words, he emphasises the benefits of bending and treating conflicts in a plurality of private legal regimes, governments and constitutions.

Leonardo Ceppa, Gunther Teubner. Costituzionalizzare il politeismo in "TEORIA POLITICA" 2/2006, pp , DOI: