PERSON AND SOCIETY: PRIVATE AND PUBLIC AUTONOMIES EN THE PHILOPSHY OF JÜRGEN HABERMAS

Abstract

Contextualization: The possibility of divergent claims based on the notions of individual rights and collective demands is object of study in Philosophy, Law and Social Sciences. The contrast between individual and society in the Rule of Law is seen, by the liberal paradigm, through the prevalence of individual rights over government intervention and actions that favor collective well-being, while the community-republican paradigm highlights the insertion of the person in the collective grouping as an inseparable element for understanding the rights holder and rejecting individualistic pretensions. Jürgen Habermas offers the possibility of reconstructing such arguments based on the idea of ​​the co-originality of private and public autonomies.

Objectives: The article aims to verify whether the hypothesis of the co-originality of private and public autonomies is able to offer an answer to the problems arising from theories that affirm the prevalence of private autonomy or public autonomy in a democratic regime with observance of human rights.

Methodology: The methodology used the hypothetical-deductive method, adopting a bibliographical review as a research technique.

Results: it was found that private and political autonomies are created concomitantly as indispensable assumptions for democratic practice whose result is backed by the expected assent of all those potentially affected, as participants in rational discourses in the deliberation process. The conclusion that individual and political rights are jointly asserted so that the person can freely form the convictions to be expressed in democratic deliberation, which, in turn, legitimizes their subjective rights, also implies the rejection of positions that favor a perspective strictly liberal or republican in the study of rights and the relationship between individual and government.