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

368---Chapter 8(1) Plurality: families, informal groups, and voluntary associations whoseplurality and autonomy allow for a variety of forms of life; (2) Publicity:institutions of culture and communication; (3) Privacy: a domain ofindividual self-development and moral choice; ( 4) Legality: structures ofgeneral laws and basic rights needed to demarcate plurality, privacy, andpublicity from atleast the state and, tendentially, the economy. Together,these structures secure the institutional existence of a modern differentiatedcivil society.57The constitution of this sphere through basic rights provides someindicators for its social structure. Freedom of assembly and freedomof association, when linked with freedom of speech, define thescope for various types of associations and societies: for voluntaryassociations that intervene in the formation of public opinion,push topics of general interest, and act as advocates for neglectedissues and underrepresented groups; for groups that are difficult toorganize or that pursue cultural, religious, or humanitarian aims;and for ethical communities, religious denominations, and so on.Freedom of the press, radio, and television, as well as the right toengage in these areas, safeguards the media infrastructure ofpublic communication; such liberties are thereby supposed topreserve an openness for competing opinions and a representativediversity of voices. The political system, which must remain sensi-. tive to the influence of public opinion, is intertwined with thepublic sphere and civil society through the activity of politicalparties and general elections. This intermeshing is guaranteed bythe right of parties to "collaborate" in the political will-formation ofthe people, as well as by the citizens' active and passive voting rightsand other participatory rights. Finally, the network of associationscan assert its autonomy and preserve its spontaneity only insofar asit can draw support from a mature pluralism of forms of life,subcultures, and worldviews. The constitutional protection of"privacy"promotes the integrity of private life spheres: rights ofpersonality, freedom of belief and of conscience, freedom ofmovement, the privacy of letters, mail, and telecommunications,the inviolability of one's residence, and the protection of familiescircumscribe an untouchable zone of personal integrity and independentjudgment.The tight connection between an autonomous civil society andan integral private sphere stands out even more clearly when