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Based on Walter Benjamin’s reflections on history and social struggles, this paper drafts an analysis of the relations of the subject with some problems of constitutional theory, in a first effort to bring the field nearer to social philosophy. After tracing a short narrative on modern constitutionalism and its new relationship with the historical time, we argument that Constitution shall be seen as a cultural document of memory of the social struggles of the past and at the same an object of the struggles of the present. Some inconclusive reflections on the possibility of human emancipation through law are presented as conclusion.
While liberal, redistributive views seek to correct and compensate for past injustices, by resorting to compensatory, procedural arguments for corrective justice, the recognition-based, communitarian arguments tend to promote by means of social movements and struggles for recognition a society free from prejudice and disrespect. In developing democratic societies such as Brazil, Axel Honneth’s contribution to the ongoing debates on Affirmative Action has been evoked, confirming that the dialectics of recognition does not merely seek a theoretical solution to the structural and economic inequalities that constitute some of their worst social pathologies, but allows for practices of self-respect and subjectivation that defy all technologies of social control, as pointed out in Foucault’s critique of power. The phenomenological deficit of critical theory consists thus in recasting the critique of power with a view to unveiling lifeworldly practices that resist systemic domination.
The subject matter of this article is Axel Honneth’s theory of recognition as it has been exposed in his more recent book, Das Recht der Freiheit. Throughout the paper his attempts to describe injustices within modern capitalist societies using the notions of pathologies and anomie will be analyzed and criticized, especially from the viewpoint of their inability to deal with processes and contexts of disrecognition (Aberkennung). With help of this category, Honneth’s diagnosis regarding the moral progress in modern societies, as well as his notion of second order disorders, as injustices will be confronted and, hopefully, complemented.