Conclusions

Abstract

This chapter briefly presents the conclusion of the study, discussing the relevance of considering the dialectic of law in the context of Habermas’ theorising of law, rights and democracy and the extent to which Habermas makes good on his claims to have shown the co-originality of private and public autonomy. The latter is important in itself but primarily of interest at the background of the shift from the analysis of law in The Theory of Communicative Action to that in Between Facts and Norms. In the latter work, Habermas argues that the dilemma of welfare state law is understandable as the dialectic of legal and factual equality. To interpret the dilemma in this way presupposes showing the co-originality of private and public autonomy.