Between Facts and Norms - Contributions to a ... - Blogs Unpad

75The Sociology of Law vs. the Philosophy of justicecommunity." In modern societies this community develops into acivil society ( Zivilgesellschajt) that frees itself even from the encompassingframework of the capitalist economy (with which it was stillfused in Hegel's concept of "bourgeois civil society"). This "civilsociety" inherits from its forerunner "societal community" theresponsibility for the social integration of society as a whole.The internal features of the shift from traditional law to rationaljustification and positivity receive a rather casual treatment fromParsons under the headings of "value generalization" and "inclusion";the successive inclusion of all members of society in theassociation of free and equal legal persons corresponds to themoral universalism underlying the validity of modern law. Parsonsdiscusses the development of law primarily in terms of its externalaspects. The social structures of early modernity are dominated bya process in which an economic system steered through the mediumof money differentiates itself from an order of politicaldomination, which for its part takes the shape of a system steeredthrough administrative power. At the same time, the formation ofthese two subsystems stimulates the separation of civil society fromeconomy and state. Traditional forms of community are modernizedinto a "civil society" that, under the banner of religiouspluralism, also differentiates itselffrom cultural systems. The needfor integration arises in a new way with these processes of differentiation,a need to which positivized law responds in three ways.50The steering media of money and administrative power are anchoredin the lifeworld through the legal institutionalization ofmarkets and bureaucratic organizations. Simultaneously, interactioncontexts are juridically structured-that is, formally reorganizedin such a way that the participants can refer to legal claims inthe case of conflict -where previously the conflicts arising in themhad been managed on the basis of habit, loyalty, or trust. Finally, asthe necessary complement to the juridification of potentially allsocial relationships, democratic citizenship is universalized. Theheart of this citizenship is made up of rights of political participation.These are exercised in new public forms of civil society-anetwork of voluntary associations protected by basic rights-as wellas in the forms of communication within a political public sphereproduced through the mass media.