Page 17 - Democracy and the Public Sphere
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12 Jürgen Habermas

                               Stripped of Hobbesian misanthropy, opinion might then rise above
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                               religious prejudice.  Later, Locke would explicitly elevate ‘opinion’
                               above prejudice but he did not claim for it a public or legislative
                                   39
                               role.  His view, radical at the time, was that opinion could form
                               the basis for ‘censure’ against the weaknesses and misdemeanours
                               of public authority.
                                 Habermas contends that the conjoining of ‘public’ and ‘opinion’
                               is at least partly an innovation of the British Tories (and oppositional
                               Whigs) who crafted the modern art of opposition in their appeals to
                                                                 40
                               a ‘sense of the people’ or a ‘public spirit’.  Yet ‘opinion’ still evoked
                               immediacy and it befell the political class (who were not yet, strictly
                               speaking, ‘representatives’) to transform it into reason and judgment.
                               Later that century, Burke’s theory of ‘virtual representation’ articulated
                               a shift from ‘public spirit’ to ‘public opinion’. ‘The opinion of the
                               public that put its reason to use was no longer just opinion; it did not

                               arise from mere inclination but from private reflection upon public
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                               affairs and from their public discussion.’  Opinion was losing its
                               association with immediacy in favour of ‘critical refl ection’.
                                 In revolutionary France, by contrast, Rousseau’s ‘public opinion’
                               evoked the instinctual bon sens of ‘the people’ against the physiocrats
                               who saw critical reflection as the foundation stone of loyalty. The

                               physiocratic view of the ‘enlightened monarch’ entailed public debate
                               without democracy. By contrast,

                                 Rousseau wanted democracy without public debate … However, the
                                 Revolution itself combined the two sundered functions of public opinion,
                                 the critical and the legislative. The Constitution of 1791 joined the principle
                                 of popular sovereignty with that of the parliamentary constitutional state,
                                 which provided a constitutional guarantee for a public sphere as an element
                                 in the political realm. The French concept of public opinion was radicalised
                                 compared to the British notion. 42

                               In Germany, the precise term ‘public opinion’ (Öffentliche Meinung)
                               entered common parlance somewhat later. But Kant’s ‘principle of
                               publicity’ is critical for Habermas. Kant articulated the self-image of
                               a critical public sphere in terms of subordinating politics to morality.
                               Morality, immanent in the laws of a self-regulating civil society,
                               could not (contra Hobbes) be ‘demoted to the status of politically
                                                              43
                               inconsequential ethical preference’.  The public sphere, to that
                               extent, was to function as a bridge between the civil and political
                               realms. The principle of publicity underpinning the public sphere









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