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

78Chapter 2markets, businesses, and workplaces; offices, courts, and the military;schools, hospitals, theaters, and museums; political organizationsand mass media; parties, self-governing institutions, andparliaments. This multiplies organizational memberships for theindividual; it expands the ranges of options. However, this image oflinear progress emerges from a description that remains insensitiveto increases and losses in autonomy. It is blind to the largedifferences in the actual use made of a citizenship that allowsindividuals to play a role in democratically changing their ownstatus.57 Only the rights of political participation ground the citizen'sreflexive, self-referential legal standing. Negative liberties andsocial entitlements, on the contrary, can be paternalistically bestowed.In principle, the constitutional state and the welfare statecan be implemented without democracy. Even where all threecategories of rights are institutionalized, these negative rights andsocial entitlements are still Janus-faced. Historically speaking, liberalrights crystallized around the social position of the privatepropertyowner. From a functionalist viewpoint, one can conceivethem as institutionalizing a market economy, whereas from anormative viewpoint they guarantee basic private liberties. Socialrights signifY, from a functionalist viewpoint, the installation of.welfare bureaucracies, whereas from a normative viewpoint theygrant compensatory claims to a just share of social wealth. It is truethat both individual liberties and welfare guarantees can also beviewed as the legal basis for a social autonomy that first makes itpossible to put political rights into effect. But these are empirical,and not conceptually necessary, relationships. In different circumstancesnegative liberties and social entitlements may well beequally indicative of the privatistic retreat from the citizen's role. Inthat case, citizenship is reduced to a client's relationships toadministrations that provide security, services, and benefits paternalistically.The syndrome of civil privatism and the selective use of citizenshipfrom the standpoint of client interests become all the moreprobable the more the economy and state-which have beeninstitutionalized through the same rights-develop systemic logicsof their own and push citizens into the peripheral role of mereorganization members. As self-regulating systems, economy and