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

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306----------- --- ---- -- --- -- -- --Chapter 7positions is motivated solely by the unforced force of the betterargument.21Additional conditions specifY the procedure in view of the politicalcharacter of deliberative processes: (e) Deliberations aim ingeneral at rationally motivated agreement <strong>and</strong> can in principle beindefinitely continued or resumed at any time. Political deliberations,however, must be concluded by mority decision in view ofpressures <strong>to</strong> decide. Because of its internal connection with adeliberative practice, mority rule justifies the presumption thatthe fallible mority opinion may be considered a reasonable basisfor a common practice until further notice, namely, until theminority convinces the majority that their (the minority's) viewsare correct.22 (f) Political deliberations extend <strong>to</strong> any matter thatcan be regulated in the equal interest of all. This does not imply,however, that <strong>to</strong>pics <strong>and</strong> subject matters traditionally considered <strong>to</strong>be "private" in nature could be a fortiori withdrawn from discussion.In particular, those questions are publicly relevant thatconcern the unequal distribution of resources on which the actualexercise of rights of communication <strong>and</strong> participation depends.23(g) Political deliberations also include the interpretation of needs<strong>and</strong> wants <strong>and</strong> the change ofprepolitical attitudes <strong>and</strong> preferences.Here the consensus-generating force of arguments is by no meansbased only on a value consensus previously developed in sharedtraditions <strong>and</strong> forms of life.24Every association that institutionalizes such a procedure for thepurposes of democratically regulating the conditions of its commonlife thereby constitutes itself as a body of citizens. It forms aparticular legal community, delimited in space <strong>and</strong> time, withspecific forms of life <strong>and</strong> traditions. But this distinctive culturalidentity does not designate it as a political community of citizens.For the democratic process is governed by universal principles ofjustice that are equally constitutive for every body of citizens. Inshort, the ideal procedure of deliberation <strong>and</strong> decision makingpresupposes as its bearer an association that agrees <strong>to</strong> regulate theconditions of its common life impartially. What brings legalconsociates <strong>to</strong>gether is, in the final analysis, the linguistic bond thatholds <strong>to</strong>gether each communication community.25This image of deliberative politics does not just omit someimportant internal differentiations (which I have drawn in chap. 4) .

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