"Civil Disobedience"as a Negative Concept——Habermas's Idea of Civil Disobedience
"Civil disobedience"guards the bottom line of common life rather than a positive aspiration,thus it is negative.It is not a partial element of the legal system,but a paradoxical structure of the legal system's negative self-referentiality.The tension between it and the principle of majority does not originate from the logical contradiction in the form of political decision-making,but from the substantive confrontation between different forms of life.The self-reinvention of the legal and political systems does not resolve the dilemmas of civil disobedience,nor does the mechanism of inherent circulation of power between them.In fact,the legiti-macy of legal and political power arises from social interaction,and the defence of the power of interaction is the key to Habermas's resolution of the crisis of legitimacy and the problem of civil disobedience.This idea,which focuses on the dialectical relationship between the whole and the part of society,breaks through the limitations of the empirical scientific paradigm and advances the depth of the study of the problem of civil dis-obedience.However,it also faces a serious test that the implied element of anarchy is still in contradiction,and the anonymous interactions without a subject will deprive it of the dimension of social struggle.Therefore,the solution needs to be further discussed.
Habermascivil disobediencelegalitycrisis of legitimacycommunicative power