Constitutional Patriotism As an Alternative To

CEU eTD Collection In partial fulfilment of the requirements for the degree of Master of Arts CONSTITUTIONAL PATRIOTISMASAN ALTERNATIVE TONATIONALIST CONSTRUCTION OFPOLITY Supervisor: Professor Nenad Dimitrijevic Nenad Professor Supervisor: Department of Political Science Political of Department Central European University European Central Budapest, Hungary Stjepan Lackovic Stjepan Submitted to Submitted 2007 By CEU eTD Collection organizational form for states forof Yugoslavia. states form Former organizational best is the patriotism constitutional that show will I thesis my In patriotism’. ‘constitutional is secondone the and is liberal nationalism, strategy First alternative strategies. two into liberal constitutionalfit not does andassuch, state, inaparticular population other nation over defined ethnically framework. Furthermore, variantYugoslavian liberal of nationalism. Thisconcept privileges the members of one as a solution ex- isan which nationalism’, ‘constitutional with to communism the this replaced states These problem, I will offer concept ex-Yugoslav on Republics. in that interested am Primarily,applying Habermas. I In my thesis I deal by ‘constitutionalIn my introduced with thesis I deal patriotism’, Jurgen concept the ABSTRACT CEU eTD Collection BIBLIOGRAPHY CONCLUSION CHAPTER 5: IDENTITY AND MEMORY CHAPTER 4: CONSTITUTIONAL PATRIOTISM CHAPTER 3: LIBERAL NATIONALISM REPUBLICS INFORMER 2:CONSTITUTIONAL NATIONALISM YUGOSLAV CHAPTER ANDFUSION OFTHEMODERNSTATE NATION CHAPTER 1: ORIGINS OF THE LIBERAL CONSTITUTIONALISM AND THE INTRODUCTION 4.2 The Unity of Political Culture in the Multiplicity of Subcultures 4.1 The Tension Between Universalism and Particularism Revisited 1.2 Who are the 'We' or who are 'the People'? Collective Identity Question! Identity Collective Liberal and between 1.1Tension TABLE OF CONTENTS OF TABLE 55 52 38 27 22 22 15 11 8 6 4 1 CEU eTD Collection nationalism isindispensable viability tothe liberal of democracy, itensures since citizens and,other, the on norms, liberal democratic with are compatible forms ofnationalism some hand, one the on is that, standpoint basic which nationalism, liberal is strategy First strategies. societies, especially those in the region of former Yugoslavia. argue that constitutional nationalism is not appropriate constitutional solution formultiethnic universalism of human rights,framework, i.e. that it can not ensure basicequality principles of liberal democracy, such as before thethesis law, I will show that constitutional and nationalism the does notmy in fit intorule liberalTherefore, constitutional nationalism. liberal of of variant law. ex-Yugoslavian an thesis, in my show I will Therefore, I will is as Thisactually, concept instate. aparticular population other nation over definedethnically memberswith which tostates related of the legal one structure, a constitutional privilege and Yugoslavia. in nationalism', its which 'constitutional mostexpressed was openform inFormer the states by inwas notreplaced butcommunismstates byliberaldemocracy Eastern-European However, neighbors. Western mannerof their the to i.e. according democracy, liberal principlesthe become organized of accordingto time to previously for socialist the states of beit amatter to expected everyone collapse, the years after first the history”. In of end “the by many as was perceived Europe in Eastern socialism of collapse The social organization. Furthermore, as a above alternative solution problem, mentioned Furthermore, to offer two Iwill is which and Hayden, Robert by introduced concept the is nationalism Constitutional After the fall of the Berlin Wall in 1989,liberal democracy appeared as the best form of INTRODUCTION 1 CEU eTD Collection state. it pre-politicalthe unity.cannot Consequently, respond to cannot nation-state solving the problem aboveof mentioned states. My hypothesis is that the idea of modern the identity and anation-state framework can not go together for the case of these states. political liberal a that show will I Moreover, Yugoslavia. Former of states of examples through and fusion modern between with state nation. deal will I Furthermore, identities. collective and democracy liberal of principles basic between be focus will relation Theon the tofurther distinctions. background serves astheoretical Former Yugoslavia. thesis i will show that constitutional patriotism is the best my In organizational level. sub-political form to for is subsumed statesit but of neglected, isnot identity national the concept this In community. their to loyalty and identity collective their build should citizenry which universal liberalprinciples freedom of rulelaw,and the of representashared on civicethos play a pivotal role in political organization of the state. Constitutional moral principles, such as According tothis concept, constitution, asan embodiment of universal moral principles, would political organization. of concept as attractive and feasible only the state nation of concept the understand nationalists liberal Therefore, state. to their own attachment In the third chapter, I will deal with liberal nationalism, as alternative strategy for strategy alternative as nationalism, liberal with deal I will chapter, third the In In the second chapter, I will deal withwhich constitutionalism, liberal of principles basic the the present will I chapter, first the In concept of 'constitutional nationalism' isintroduced by strategy Second aconcept constitutional Habermas. patriotism, Jurgen the demands of modern plural societies since it tacitly relies on relies tacitly it since societies plural modern of demands the ensure equal political rights for all citizens of a of citizens all for rights political equal ensure 2 CEU eTD Collection new identity. break and unfixabledamagein national identity, asthenecessary inbuilding an preconditions The focus will be on the critical reflection on the nationalism and war, which made a moral identities. Moreover, I will primarily deal with nations with highly compromised national past. and loyalty state's polity.to backgrounds, ethno-cultural different of citizens of integration political democratic process, for legitimacy ensure in to time same the are able they i.e. that societies, managing plural for sufficient are values moral universal that show will I Furthermore, ispossible. nation-state to alternative political morally based a that will show I that, prove to Inorder Yugoslavia. organizational model for modern plural society, and the best solution for states of Former In the fourth chapter, I will present constitutional patriotism, as the best political In the last chapter, I will deal with national past and its relation to formation of 3 CEU eTD Collection themselves andlegitimatedbytheir will-formationfree state, which is, as Habermas points out, constitutional democratic asthe is understood legitimation. modern state period, Since that itself of is source the procedure democratic of sense, all.in this In interest they equal are the regulate contractAll mutual relations. will parties assent tothese since theirgive principles, in represents in embodied which basic It the principles according to constitution. the parties is of this consensus The expression consent. which to all procedure ademocratic unity the of on sovereignty consensusthe rests byfree andachieved whichis equalindividuals, basedon popular Therefore, people. the of hands the in is authority legitimate all that means sovereignty legitimacy based on divine authority,it replacingby popular sovereignty. The popular its and sovereignty of royal concept destroyedthe state modern the of democratization rights. rights. These liberal arerights predominantly individual rights. the state. The purpose of legitimate political power is the promotion and the protection of these rights of the citizen, and they cannotbe denied to anyoneliving permanently on the territory of political into the translated community arein of political the woman/man rights These natural rights. inalienable possesses freecertain nature isborn everyone equal, by and and theorists, restrict the scope of in politics favor of individual liberty.According tomodern liberal idea constitutionalismliberal reason 1995:25).Thebasic of isto and(Kommers Thompson, human of autonomy the and rights, human the of universality sovereignty, popular things: three The idea of constitutionalism has its roots in the period of Enlightenment, which celebrated CHAPTER 1: ORIGINS OF THE LIBERAL CONSTITUTIONALISM THELIBERAL OF 1: ORIGINS CHAPTER AND OF THESTATE THEFUSION MODERN AND NATION After bourgeois the revolutions inthe 18 Ý …a voluntary political order established bythe people 4 Ý (Habermas, 1999:112). th century, secularization and secularization century, CEU eTD Collection Ý is an autonomous individual, liberal eachperson Since lies of atthe heartconstitutionalism. contemporary that liberty equal each is entitled isitof this conception each individual. Therefore, action and to freedom choice of law grants to equal concern andconstitution, and the laws,which beshould equallyapplicable toall people. Equality under the respect. Moreover, liberal requiresidea the same fundamental forrights all individuals -guaranteed by the since requires the fundamental rights without which there can be nolegitimate law at all. itself hasdemocratic process be to legally institutionalized, principle of the popular sovereignty legitimateis order political this Furthermore, processes. in legislative participants as only freedom when it safeguards authorsof the laws the bind that them 1994: 112). Therefore,(Habermas, individuals acquire be to themselves understand can they that extent the to only autonomy the acquire can addressed autonomy of all citizens to an equal degree. Since the concept, constitution is the highest law of the country and its main role is defense and government, devotion to the rule of the law, and the protection fundamentalof rights. In this andrespect these receiveequalconcern too must plan, eachof autonomy individual of concept unspecified multiplicity unspecified waysof oflife of thegood.Itspurpose is to provideaneutral framework thatcanaccommodatean principles ofjusticedesigned tobeacceptableindependent toall, ofany particular conception premises these torespect order 36). In 1995: … the principal expression of human autonomy the principalexpressionis of thecapacityto andpursueformulate alife Another essential part of modern constitutionalism is the idea of modernisof idea equality. essential the This Another part constitutionalism The above mentioned principle of popular sovereignty is drawn from the Kantian the from isdrawn sovereignty popular of principle mentioned above The To conclude, modern constitutionalism requires imposing limits on the powers of . Namely, according to Kant, those to whom the law is law the whom to those Kant, to according Namely, Ý (Kommers and 1995:36). Thompson, 5 , Ý [g]overnment mustbefoundedonneutral [g]overnment Ý (Kommers and Thompson, and (Kommers CEU eTD Collection concludes: nation-state modern early the of analysis in his Habermas issue, this Regarding nation. by nationalism, i.e. lack this force by was of driving accommodated idea of modern the the century, eighteenth the of end the since offered, been has questions set above to answer clear less Thecase onlymore or the wasthat forces (Habermas, 1999:113). political of processes driving be the to enough powerful not were they i.e. dry were rights human and sovereignty ideaspopular of argues, so since,asHabermas forces Thiswas political processes. of and nottosome other? state someloyal tobe particular beto expected since the power is of secular origin and everyone is equal? Furthermore, on what basis can they be state individuals live,on question the loyal whose territory ishowcan to beasked they to concretely, the More 1994:148). (Preuss, constitution for of a legitimacy source political preexisting collective identity to be able to act as secularized god and serve as the ultimate are the people. The question self-rule power this of subjects empirical 148).The 1994: whichto exercises its (Preuss, right that Preuss setspower of the nation. Theis constituent power is understood as the power of collective body, and rights. liberties of basic enforcement 1.1Tension between Liberal and Collective Identity language, history, only the consciousness of belonging to 'the same' people,makes language, history,onlytheconsciousnessofbelonging to'the Ý Therefore, for modern state were questionable notions of motivational and driving Only a national consciousness, crystallized around the notion of a commonancestry, thenotionof anationalconsciousness, crystallized around Only The principle of sovereigntyispopular inseparably connected with constituentthe 6 Ý whether the constituent power must have a CEU eTD Collection their own initiative, while nationals already find themselves in a community shaped by a by shaped community in a themselves find already nationals while initiative, own their by persons equal freeand of association asapolitical themselves constitute citizens Therefore, secures social membership ethnic that integration. founded is on nation inherited the the otherhand, legitimation, on and, of source democratic 1999:115). On one hand,thevoluntary inisparticipation of citizens politicalprocesses the citizenship democratic acquired and identity national ascribed between relation was a conditional states. modern European The resultlarge of the with territory ideas republican and reconciled its citizens, of mobilization andpolitical integration social andnation enabled state fusion of ethnic and cultural homogeneity, whichmade modern nation-state possible. this Moreover, constitutive feature of the political identity of the citizens of democratic polity of democratic citizens of the identity of political the feature constitutive state - have intertwined. Therefore, this this Therefore, -haveintertwined. state meanings nation ethnic of the two period, and people 1996: 494)From community of - that 1999:113). collective identity [which] provided the cultural basis for the constitutional state (Habermas, and sovereignty of bearer the became nation revolution, French couldjustify theimposition of constitutional order such as that of sovereignIn samethe linewith Habermas, Rosenfeld argues that nation of the constitutional self, it is difficult to imagine how one responsible foroneanother subjects intocitizensofasinglepoliticalcommunity -intomembers whocan feel Furthermore, Habermas claims that the nation is Janus-faced ( Habermas, is nation Janus-faced the claimsHabermas that Furthermore, from aprepoliticalmeaningits entity changed Consequently, nation the (Habermas, 1996:495). Ý (Habermas, 1999:113). (Habermas, Ý imaginary community imaginary 7 Ý (Rosenfeld, 1994: 4). Therefore, (Rosenfeld, 1994:4). with the Ý without someidentity,without predominant Ý the first truly modern form of form modern truly first the Ý laid the foundation for the foundation laid the Ý (Habermas, Ý into a into CEU eTD Collection while providing with state the a secular legitimation source of anew via solidarity of the status level mediated generated citizenship legally participation of constitutional subject. shaping of is way nation one of concept above, the As Ihaveillustrated of subject. dependson constitutional form the order the character the of newthe constitutional Moreover, subjects. constitutional the of identities of question the implies necessarily process comes down to the question andisparticipategroup who entitled in to decision-making which all the process eventually of criteria of citizenship.is member havetodecide words, of the they the who other In determination. constitutional In this sense, the constitution-making integration) by politically mobilizing and uniting and (legitimation of challenges both to allegedly responded nation-state the So, integration. form social of more onanew, abstract based allowedlegitimation anew mode of nation-state hadpersons one another. achievementof the who Thus, strangers previously been to the harmless remains ambiguity this part, particularistic its over prevails ethnicliberals,According community. to aslong asuniversalistnation of understanding an of particularism the and community legal egalitarian an of universalism between tension the is on built state of national the concept the Therefore, community. defined a ethno-culturally in the sense that its legal aspect, defined in the terms of civil rights, alsoimplies membershipin like Understood citizenship isdouble-coded etc. history this, religion, shared language,culture, 1.2 Who are the 'We' or who are 'the People'? Collective Identity Question! Before of process the making,mustisconstitution group the who clarify subject to of is belonging nation factsolidarity between tothe generator To conclude,the of 8 its citizens. Therefore, Therefore, citizens. its Ý (Habermas, 1999:112). (Habermas, . the identity identity the of the Ý democratic CEU eTD Collection According to 'ethnic' concept, a nation can exist independently of the state. As such, it must be isfirst one The so the of nation). grounds the two different (or nation of the conceptions since it is not clear what (or who) constitutes the nation. Preuss contrasts two different characterizes it: characterizes language, like.Preuss the history, culture, race, on religion, and groundsthe of origin, According to understanding,this nation is the a pre-political, community pre-statist constituted in individual participates social who contract. every and each by delegation of act an on rests sovereign of legitimacy the that is point The not. or society aparticular toenter decide whether each individual to isit upto says that which of Locke, Rousseau and bycontractual theories formulated approach, an individualistic formation of a social rests group on individual's the participate decision to in This group. the is the assumes that law. the concept before This are equal who i.e. of those of citizens, composed liberallyreading, defined citizenship is of source the nation:the is nation collective the their establishesin and,on political other, the rights, constraints Further, and authority. this hand defines on one system legal that toauniversal are subjects who and particular territory, (Preuss, 1994:151 nation the which consists that says 'French' 'civic' concept, or Therefore, these two concepts differ with regard to direction ofself-determination. direction regardto differconcepts with two these Therefore, oppression andsocialinequality which directedagainstpolitical the demos, the politicalself-ruleandfreedom is of Ý isthe'ethnic'nation. conceptof typology, following Preuss The second concept, It istheself-determination oftheethnos, directed against alieninfluence, rather than However ) . The basic idea is that citizens are all those individuals who live on a on live who individuals those all are citizens that is idea basic The . , this claim is still not enough to define the subjects of constituent power, constituent of subjects the define to enough not still is claim this Ý (Preuss, 1994:152). 9 Ý of the totality of citizenry its totality the of of - called Ý CEU eTD Collection creators of constitution must keep out prepolitical elements from the structure of of politics. from structure the elements keep outprepolitical must of constitution creators concludesthat Preuss Therefore, usage. second the characterizes which connotations, irrational constitution feelings from structure the of governmentand rightsthe ofindividuals givenfrom the principlesthe of 'civic'the i.e. he concept, supports separationthe of exclusive national independent individuals? blood’ the of ‘irrationality subjects, it remains to be answered what should be (Habermas, 1996:513). the essence of the constituent power, the principles anchored in the political culture and not on an ethical-cultural form of life as whole According toHabermas, communication. public and participation political who to right their citizens exercise of actively practice the in identity its finds citizens of nation descent, and culture common ethnicity.Consequently, thenation, while in ethnic usage of finds term,the identity its in entirety of the demos, in the ethnic concept, the nation is the group defined in terms of acquired is the nation the concept 'civic' in the whereas Therefore, citizenship. of idea the on based distinguishedfrom a nation whichstate, is a political organization nation incorporates that Regarding the above described distinction between the identities of the constituent the of identities the between distinction described above the Regarding . Moreover, 'civic' Moreover, model from strips nation term the exactly and prepolitical those Ý the identity of the political community depends primarily on the legal Preuss' answer is that the idea of isthatthe modern Preuss' answer ideaof constitutionalism follows (Preuss, 1994: 160), orthe contract based on the consent free of and 10 Ý CEU eTD Collection the fundamental constitutional democratic norms, those which view the individual citizen as of rights is nota minority group, but the titular nation. This system presents the departure from affiliation.As a close reading of the constitutions demonstrates, a group identified as the bearer who their butmembersinliberal are definedconstitutions), to to of national groups according According to new constitutions, rights were guaranteed not to abstract citizens (what is the case ethnically defined nation over other residents in definedethnically residents nation other over a particular state republic that was recognized as the bearer of of right as thebearer was recognized that republic the not and nation the was it Therefore, nations. defined ethnically the on but republics, of citizenspopulations or not to secession, referredto right Yugoslav the Constitution, regarding nationalist political movements were justified on groundsthe of self-determination. 1974 Theseparate order. byany rules orsuperior beingunrestricted which regardedas was power, constituent the agendarecaptured nationalistic with actors new political Therefore, liberation of the working class was replaced by the ideology of total national sovereignty. universal of the ideology the republics, Yugoslav former In case the of actors. political and new social totally of for emergence the institutional preconditions and thepolitical creates italso Moreover, regime. by old the suppressed were which forces, social of liberation is of constitution tasks the of one the Consequently, i.e. change. regime after revolutionary time, socialist which Hayden means which Hayden from derived oldconcept the Leninist of national self-determination. CHAPTER 2: CONSTITUTIONAL NATIONALISM INFORMER NATIONALISM 2: CONSTITUTIONAL CHAPTER Yugoslavia. Preuss,constitutions According to are typically made in post- In following chapter I will concentrate established the after states on Iwillconcentrate In following chapter Consequently, new states created new states by Consequently, systemsthe nationalism', 'constitutional of Ý a constitutional and legal structure privilegesthat themembers and legalstructure one of a constitutional YUGOSLAV REPUBLICS YUGOSLAV 11 , albeitin a clearly ideological manner, Ý (Hayden, 1992: 655). (Hayden, 1992: breakdown of breakdown CEU eTD Collection (Dimitrijevic, 2002:252 Ý that claims Dimitrijevic minorities. of discrimination for space the opens group, majority of equal citizenship search for state neutrality for state search citizenship equal people lines along of the their ethnicaffiliation of good particulara particular collective (majority) group, ethically, politically,legally neutral and promote They polities. to are formed inorder the (Dimitrijevic,The isproblem 2002:250).built are thatthese not ethno-nationalistas states (majoritarian) identity at the expense of the right of others (minorities) to be different interpretation of interpretation identity the of politicalthe of community, isexclusionary Dimitrijevic, to here,according isstake What at nation”. “Our body called ethnicitiesnon-dominant are historically and culturally outside this homogeneous national of identities the is implied it that Accordingly, whoare “different”. and those homogeneous, protected. politically nor legally neither be will minorities of members unit, political the of definition institutionalizing anpositionforminority Asunequal longgroup. asita nationalist contains it for was amechanism rather state, the of that of ethnicequal citizens than on group of an sovereignty the wasbasedon nationalism Since constitutional state. the of character the as well as identities, political and collective individual, defines a country, of law highest the as constitution the is that point The law. the before equality and universalism rights requirements, and ideas liberal basic the realize fail to states these is that consequence The states. of these character liberal the challenges what exactly is notion This constitutions. of subject basic the these states these competinginare builtstates two around principal mutually exclusive and postulates Moreover, citizens are dichotomized between those who are the “same” “same” and are the who those between aredichotomized citizens Moreover, ). On builtone they hand, have liberal democratic legal and political , state partiality or promotion of the collective good Ý 12 (Dimitrijevic, 2002: 252). Since the concept of Since theconcept (Dimitrijevic, 2002:252). Ý which which would impose dominant Ý which inwhich consequencedivides Ý Ý CEU eTD Collection perspective. From the perspective of those who can not recognize themselves as members of as recognize themselves can not thosewho of perspective the From perspective. everything what iseverything what regardedas of exclusion implies nation own one's of self-understanding positive the that follows It by is Salecl: very relation nice described essence of this Moreover, I claim that national identity is constituted partly in relation to all other groups. The own nation: we are loyal to the state because it is our home Dimitrijevic argues that that argues Dimitrijevic group. ethnic majority the home of asthe justified and is perceived The state group. whobelongdonot majority majoritarian of ethnic to those perception all of consequence minorities insuch a state of status is correspondent the and defined of waythestate the of systematic consequence majorities fear minorities inhabiting their states. Dimitrijevic says that this existential fear is fear existential this that says Dimitrijevic states. their inhabiting minorities fear majorities andminority protection equality, legitimacy, Ý that out points Dimitrijevic stake. at beginning the from is states liberal as capacity working their state, the of identification ethnic partial their since hand, other the On institutions. these states, being these states, definedin ethnic terms, arein principle incapablemeeting of demandsof repeatedly recreatedwith inaccordance ourdesire ofhow existence. Thefantasy Other livesonour islazy, andexploitsus,etc.is account, withwhatwhich'our kind'.Nomatter Other'does', his this us arenotof hethreatens into our himselfsociety andconstantly threatens uswith habits, discourse and rituals nation ('ourkind')based ofthe is onthefantasy who enemy, analien hasinsinuated “It isnecessary to emphasize with nationalidentificationthat with allnationalism, the There is another aspect regarding the identity titular issue. The appears since aspectregardingThere is theidentity problem another Ý majority tends to understand loyalty to the state as loyalty to their to loyalty as state the to loyalty understand to tends majority Ý (Dimitrijevic, The fear 2002:252). Dimitrijevicis talks about the Ý other Ý , foreign,unfamiliar., this has But, another relation Ý (Dimitrijevic, 2002:252). 13 Ý (Salecl, 1994:20-21). (Salecl, Ý (Dimitrijevic, 2002:254). Ý a CEU eTD Collection political integration and loyalty can be achieved without stigmatizing 'the Other'? demands of legitimacy, equality, and minority protection. Moreover, the question is whether Therefore, thequestion iskind what model of should states these applyin tomeetorder this approach excludes from equal whodo those notcitizenship belong to titularthe nation. in human community, against whom physical individuals have nostanding. On otherhand,the understands the nation as collective individual i.e. as an individual actor who has its own place construction of a nation a as bounded unity language, cultureof and blood. This concept nationalities. among conflict underpinning sametime the they another, one are at to strangers been had previously who persons between solidarity political for basis a provide identities national while Therefore, potential oreveninto for conflicts inter-state group developing Dilemma situation. Dimitrijevic argues that that argues situation. Dilemma Dimitrijevic 'us'.not to wecansay Therefore, of mutual is thisthat relation distrust some kindof Prisoner's and 'them', to belongs that something as state the understand unavoidably they nation, titular To conclude, constitutional nationalismestablishes both andattempts toprotect the 14 Ý this is the condition of distrust which bears which distrust of condition the is this Ý (Dimitrijevic, 2002: 254). (Dimitrijevic, 2002: CEU eTD Collection their own idea of the good life. Therefore, they second, normative claim is that some forms of Ý asfunctionallynationalism indispensable isunderstood viability tothe liberal of democracy. sense, that In community. a pre-political to belonging of awareness the is loyalty political common of basis the that and integration social of problem the solves nationalism that side, one the on claim, nationalists Liberal normative. one and empirical one claims, two advance together embodied in whicha nation state equality beforeensures the lawall to citizens. They nationalism. is liberal tension, minimize this to atleast resolve, or to attempt which strategies, the be legitimate the problem of the conditions the state must satisfy in order that its demand of obedience to law of action andboundaries. with clearly defined lack nationals whose members' isunity in grounded some (imagined) sharednon-political quality non- that stand in tension with one another, are embraced in the term in term embracedthe are another, one with instand tension boundaries, demos.sets the second oneurges theexpansionThese of which principles, two of clear requires one first the While self-government. collective inclusive of principles democratic 2) identity; collective to relation its and autonomy personal of value liberal 1) The nationalist thesis's reference to shared nationality is a reference to a collective identity a collective to is areference nationality shared to reference thesis's The nationalist The problem The inI raised problem the The standpoint of liberal nationalists is that liberal and nation-specific values are values nation-specific and liberal is that nationalists liberal of standpoint The On the other hand, they claim that liberalism solves the problem of justification - justification of problem the solves liberalism that claim they hand, other the On Ý - (Abizadeh, 2004: 239). Therefore, nations are conceived as collectives capable ascollectives conceived nations are Therefore, 239). 2004: (Abizadeh, by claiming that the state must ensure to all citizens equal freedom mustpursue toall state by claimingcitizens equalfreedom the that to ensure CHAPTER 3: LIBERAL NATIONALISM 3: LIBERAL CHAPTER previous chapter is related to two distinct sets of distinctsets of principles: two is to related chapter previous 15 Ý democratic citizenship democratic Ý . One of . One CEU eTD Collection nationalist integration? nationalist must be integration simply Orliberal social democratic within nation peoples the state. other of members of the status is the with what nationalists liberal for isit questionable Therefore, moststates. of territory the live on peoples more than one in reality hand, On other the nationality. ashared by unified are citizens its that extent the to only democratically integration social andeffect projects democratic for support motivate can society liberal a democratic that imply they differently, it put To citizens. the of collectivity the with coincides which nation, law,the in specified form the of equal rights. constitutional liberalnationalism before arecompatible with democratic norms, includingequality of citizens recognition, the state would notbe treating its citizens as equals. In order to solve this problem, official acquire to were forms life of if multiplicity that claim nationalists liberal But, nation. language, tominority will Moreover,etc., religion state beidentified majority groups. the with its nation impose majority beforeculture, will law,the the pureequality underthe fact that in the consists problem The themselves. find societies pluralistic in which problem the solve claim of the need for the special minority protection. Therefore, this argument still does not Here we can see how the liberal argument of equality in rights is advanced to delegitimize in is the liberal of rights to advanced Here wecanseehowthe argument equality Ý equality before the law equality before communitieswilldifferent enjoydifferenttreatments, andthisis unacceptable under community interposed between himor her andthestate,thencitizens belonging totwo authority ofthesame laws.the laws If applynottotheindividual,but rather to the … that the state can only treat its citizens as equals ifeachindividualstands equals that thestatecanonlytreatitscitizensas underthe Regarding the above mentioned problem,liberal nationalists assume which inmind, liberalnationalistsThe nation-state, have only recognizes one Ý (Kis, 1995:7). 16 CEU eTD Collection impose its own culture or way no national Since its way impose other neutrality is life ownculture there or groups. to of to strive and core', 'ethnic an has nation every since simplified, too is distinction this that pointis that adoptitsto national culture exclusionary on genealogical grounds, the civic version version civic the grounds, genealogical on exclusionary as understood is nationalism ethnic While latter. rejecting and nationalism, of versions chapter. first in Idiscussed which nationalism, 'ethnic' and 'civic' between distinction makes that culture on emphasis nationalist's liberal this is exactly it hand, other the On life. private their is culture long can as acceptable ofminority in members asthe theirgroups practice culture liberalreligious nationalist, according Therefore, hegemony nation practices. to majority the of groupshave spherenational culture, theprivate while pursuing for theircultural and other the expressionsa homogenous of thepublicbelongsin nation to state, sphere liberal Therefore, a and the private domains. The argument goes likegoes this: Theargument domains. and private the public the between line a in drawing consists which solution, liberal classical the on rely they them oftheir personal liberty demolishingthem as politicalequality.Thestatewithoutequals cantreatallof depriving they can particularwithout foster culturetheir intheprivate domain thisfreedom associationswant. as they Thus,peopleare free to cultivatetheir particular lifestyles and alonetodifferthey areleft eachotherandtojoinas many communitiesand from the state'sjurisdiction, sphere lyingoutsideof a whichare pursued in in theirprivatelives, Ý As acitizen ofthestate,everyAs individualis subject tothesame rights and obligations.But The strategy The strategy consists in making between distinction 'civic' (non-ethnic) and'ethnic' Ý [i]ts aimis cultural homogeneity Ý (Kymlicka, paraphrased in Abizadeh inAbizadeh paraphrased (Kymlicka, ,2004: 232 Ý . (Kis, 1995:8-9) Ý .(Smith, quoted in quoted Abizadeh,.(Smith, 2004:236)Iclaim 17 Ý is in principle 'open' to anyone willing anyone to 'open' in principle is ) . But still, the CEU eTD Collection participation in participation public deliberations. is inpublicher. idea and This a appearance presupposes of which self-rule, republican means that a person acts autonomously when the principleswhich sense, of herKantian actionsthe in are autonomy also chosen by understands dimension Second 112) 1994: (Habermas, of individual autonomy is one-dimensional, i.e. it ignores half of the concept of autonomy understanding life This plan. herown pursue to can use autonomyevery person that protected legally form of onlyinthe personholds for each respect of equal model, principle the to this (Hayden, 1996:794). correctly raised by Robert Hayden, Hayden, Robert by raised correctly Croatian The question with is, andshemustaccept accordance customs culture. Croatian in behave public) she must(in society, inCroatian ifto beaccepted someoneis wants that in Republicthe Croatia of andthatshe Croatian accepts culture (Hayden, The 1996:794). point laws she adherestothe that from herconduct becan conclusion drawn Latin script. Sectioncitizenship by naturalization if she proves shethat isin proficient Croatianthe language and 5 of the Croatian may acquire citizen law, aforeign this 8 of Article Section of 4 to According policies. same Article says that she will ontheother. oppression acquire and exclusion and side, one on assimilation between citizenshipdifference is a it view, of point empirical only point of view, there isno differencebetween 'civic' and 'ethnic'nationalism,if andfrom a from normative Iclaim that, state, make some of uppopulation that groups ethnic between the Therefore, myTherefore, firstliberal objection nationalist's to model like goes this: according The Law on Croatian Citizenship illustration from 1991 isagood of such of kind Ý how does one conduct oneself to show such acceptance such show to oneself conduct one does how 18 and customs prevailingand customs Ý CEU eTD Collection integrative capacities. Analyzing Smith's book book Analyzingintegrative capacities. Smith's equality beforeequality law the is achieved only In minority sense, this forcedgroups. assimilation homogenizationof community of the and tobe hegemonysupposed created, publicthe of by sphere majority leadnation to will identities thepolitical spheredomain collective and understand where culture as public the if we Moreover, reality. from cultures minority erase they theory, Arendt's of context own culture, neglect the existence spherei.e.the reality. of co-presence, facilitates asaspacethat sphere public seeing the of differentby beintegrated meanings can sum two these up, To relations. for social mediators serve as cultures in theiristhis context byhuman presented permanentartifacts, things ustogether, thatgather which society. Or, tous and distinguished from privately our places inowned it put it in the second meaning of the term public refers to Therefore,1958: 50), appearance infrontof reality constitutes others for beings. human The in public can bein public can has seenandheard byeverybody the possibleand publicity widest Its firstIts meaning is appearanceabout in frontof others. She claims that do notbelong in theirmidst who those the nationagainst the membersof guarantee distinctpoliticaladvantagesto goods." Thus,itdescribes the withnation identified thestateinsuch away asto time andinseparablythis itisastrategy of limiting for thecompetition "political for Ý [n]ationalism is a strategy[n]ationalism fordetermining the identity ofthe citizenry, butatthesame My second objection is related to liberal nationalist empirical claim, about nation's about claim, empirical nationalist liberal to isrelated objection second My Therefore, liberal nationalists, preserving spherepublic for expressions ofjust their According to Hannah Arendt, the term public has two closely interrelated meanings. interrelated closely two has public term the Arendt, Hannah to According Ý (Kis, 1995:6) de jure, Ý the world itself, in so far as it is common to all of 19 Ý but not On Nationality de facto Ý (Arendt1958: 52). The world in Ý . As Janos Kis well argue, , Abizadeh concludes that Abizadeh concludes , Ý everything that appears Ý (Arendt, Ý the CEU eTD Collection finding a citizen-identity that would serve both to individual's psychological need to belong to need psychological individual's to both serve would that a citizen-identity finding does notfitdoes intonationally model.defined liberal policies, With its 'one-way-directed' ownstate. its have should idealeach nation that nationalist homogenous: ethnically are nation-states contemporary many not that true is trivially it hand, other the On providingmodernemergence of states, its them integrational with and motivational capacities. foreigners from nationals distinguishing not the cultural itself,particularity but is theory nationalist liberal of context in the problem motivation/integration the solve will what by motivate reward to reference solidarity, and commitment among compatriots, on the one hand, and the loyalty to particular to polity,loyalty the and hand, one the onon the compatriots, otheramong commitment and solidarity, solidarity which is grounded on Abizadeh that on isaffective concludes ties, solidarity grounded which itisparticular integrity ethnic to polity. social force,and Since attachment ensure which can its exclusiveness.of because nation ethnic On reject thethey hand, one On other themselves. found hand, nationalists liberal theywhich claim that the idea of the nationcitizens its is only farin so the asitdraws upon ethnicity mobilize can only nation drivingthe and power, motivational provides that se, per nation the of of common From(Abizadeh, descent 2004:236-237). followsthis that mobilizing power of the nation comes, even in the civic model, from shared ethnicity, i.e. myth Therefore, there is a need, well described by Clarisa Rile Hayward, nationalism promotes and legitimizes political exclusion and assimilation of those who those of assimilation and exclusion political andlegitimizes promotes nationalism To conclude, liberal nationalism is a concept capable of trust, encouraging isof capable aconcept conclude,liberal nationalism To highly pluralized structure of highlyof traditional societiesthe contradictcontemporary structure pluralized . Furthermore, we cannot deny that nationalism played significant role in Ý (Abizadeh, 2004:237-8).Therefore, Abizadeh concludes that, Ý Ý Ý (Abizadeh, 2004:236). the solidarity solidarity the insomegrounded non-political quality (Abizadeh, 2004:240). 20 Therefore, here is here in Therefore, a paradox Ý Ý it is ethnicity and not and is ethnicity it civic nation canonly nation civic Ý to find a way of CEU eTD Collection This 'revolutionary concept' is called 'constitutional patriotism'. 'constitutional called is concept' 'revolutionary This in and institutions, practices. but liberal-democraticcultures, shared principles, anymorewhichin be not rooted should citizen-identity particularistic theory, to according tosolveorder above set problem,sometheorists,preceded byJurgenintroduced the Habermas, respectfulwith definedengagement thethose civic asoutside and the polity'sand needforallegiance, trust solidarity, and whilefostering tolerance toward 21 Ý we Ý (Hayward, 2004: 7). In (Hayward, 2004:7). CEU eTD Collection the other hand, nationalistic or communitarian concept of nation has problem with legitimacy, with problem has nation of concept communitarian or nationalistic hand, other the On process. democratic of notion integrational and motivational with problems has citizens of social social integration itis legitimation, orascribednation inherited foundedthe onethnicmembershipthat secures formulated byJurgen formulated Habermas: fusionthe nation ofcitizens of nation? with ethnic the complexity The is problem of this well for equivalent afunctional exists there follows iswhether that question another identification, political notion of nation should not be any more the platform for forming a collective societies itcan notensure equalcitizenship for allits citizens. is hypothesis Since pre- that ambivalence of nationalism by inherent isessentially this compromised iswhethermodern question democracy egalitarian exclusion other. other. status, on onehand,the and asmembershipinethnoculturally defined on community,the aliens, inferiors orenemies. Thistendency in resulted double-coding of citizenship, asalegal nation has kept from its pre-politicaldiscrimination version in of theform pluralistica fosters is becauseburdenedby aninherent that ambivalence identification nationalism tendencypost-conventional or post-national a to communities.cultivate stigmatize must democracies pluralistic otherMueller) They ethnicclaim thatgroups the politicalas conception of the 4.1 TheTension Between Universalism and Particularism Revisited Ý This internal ofnationalism,tensions waving I claim that modernI claim isby nationalism, compromisedthat democracy since inpluralistic According to advocates of constitutional patriotism (Habermas, Cronin, Laborde, Ý CHAPTER 4: CONSTITUTIONAL PATRIOTISM 4: CONSTITUTIONAL CHAPTER (Habermas, 1999: 115). Therefore, even(Habermas, 1999:115).Therefore, of concept republican the nation the Ý (Kis, 1995:6) (Kis, Ý (Cronin, 2003:3)? Ý Whereas the nation of citizens is the source of Whereas thenation of is citizens of democratic source the discredits its role in modern democracies. Therefore, 22 Ý between egalitarian and brotherhood anti- Ý the CEU eTD Collection realize the principles of justice ideas andcommon of of the good the principles the realize constitution must be the product of common efforts of whole citizenry citizenry whole of efforts common of product be the must constitution fulfill In to role, its the order morality state. of define the is rights-based the constitution the to individual legal persons as the bearers of of rights thebearers legal as individual persons Moreover, 107). they theirlifelegitimately want toorder together bymeanspositive of law if another one grant must individuals that rights those precisely effect into puts constitution constitutional arrangement is to ensure an alternative normative basis of the life together. together. life the of basis normative alternative an ensure is to arrangement constitutional political of citizens,the good regardless theirof belonging. ethnicmain The purpose of this as common the is understood culture, ethnic particular the andnot arrangement, constitutional the Therefore, role. plays apivotal ideaconstitution of the this concept In 'patriotism'. and 'constitution' between terms relation interdependent i.e.itself, the term the meaning of patriotism the nation-state Moreover,groups. thereis thequestion on possibilitythe of a legitimate beyond political order ensure legitimacyboth solidarity,and social excluding without andmarginalizing minority would which concept, given the to alternative political based morally implement to possible two conflicting concepts, which obviously depend on each other? Or more radical, whether it is equality for all citizens. guarantee since citizens,the or Ý , which I will infollowingpresent pages. Before Iwillin itself, go deeper explain concept the first Iwould like to the The question that should be raised here is whether it is possible to reconcile these . As a solution to this problem, Habermas offers the concept of Ý [t]his conception presupposes the notion of individual (subjective) rights and rights individual of (subjective) notion the conception [t]his presupposes Ý we thepeople Ý is definedinethnic terms, consequently, and not does 23 Ý (Habermas, 1994: 107). The principal task of The principal task 1994:107). (Habermas, Ý (Kis, 1995:26). Ý Ý (Habermas,1994: to identify and to and identify to Ý constitutional Ý The CEU eTD Collection issue in my last chapter. be central will notion This past. and tradition nation's of examination critical and reflexive through only be achieved can this that claim Habermas Moreover, identification. national rational form becollective of would identity of purified chauvinismwhich thathasplagued and a of creation is aim a Habermas' identification Therefore, community. for common political attachment political of form post-national a such represents patriotism Constitutional identity. national than other choices political and moral using by possible is this that Habermas instead claims of Moreover, belonging.political ethnocultural citizenship on status identity and loyalty. has to solve in order to successfully replace civic nationalism are problems related to matters of (Canovan, 2000:415). citizens to free polity they share, whereas nationalism is a matter of ethnicity and culture claim,central The differences. whichcultural and ethnic of tolerance 'mere' a beyond going time same the differsat while rights, fundamental of in universalism anchored thesefirmly be must it namely, nationalism, two concepts,attract popular loyalty. On the other hand, it has to be ablesolve to all controversies attached to is thatnationalism. In order to fulfill its role, patriotism should be sufficiently akin to nationalism to constitutional introduced patriotism conception the of shouldpatriotism, which replace context-specific ethics of a particular society and its members and society a particular of ethics context-specific accommodate able to other, the on values,and, universal with hand,compatible be, one the on Furthermore, the task of this conceptis tofoster an alternative form of loyalty that will The process of forming a new form of a collective identity is focused on the legal- the on focused is identity collective a of form new a forming of process The Consequently, it follows that central problems constitutional patriotism constitutional problems central that follows it Consequently, 24 Ý patriotism means the political loyalty of . For that reason, advocates of reason, advocates that For Ý CEU eTD Collection polity. solve the ambiguity nation itof by its conceptof of the status of depriving foundation the of to is aim the Consequently, values. liberal universal over solidarity ethnic an of prevalence Central to constitutional patriotism critique is critique patriotism constitutional Central to participation. social and culture shared political of modernisit product since easily rejected cannot nation of concept Moreover, rights. civil to subordinated is and 'others', to attitude exclusionary an on rest not does identity national as long as nation-states the with consonant particularity. ethnic their to loyalty on not and constitution, to loyalty on rest should state modern of a democratic patriotism of citizens is the that assumption Habermas' nation. the to loyalty citizens' the on i.e. nation, the of name the in justified was state of force complynone various chose with that individualmodern society,…,could all come willingly members of mightbeto a possible that etc., would order, which would legitimacy and its essence could be summarized asfollows: be andits essencesummarized could legitimacy political of question is the This coercion. of monopoly the of justification legal and political inrooted the be need to not does integration, achieve social to in order order, a democratic that assumption isWhat inof concept of cohesion. constitutional Habermas's revolutionary isthe patriotism Furthermore, Habermas's concept of constitutional patriotism ispotentially patriotism of constitutional concept Habermas's Furthermore, The next problem constitutional patriotism deals with is the foundation, and moral and foundation, the is with deals patriotism constitutional problem next The As Ialreadyis there a formentioned, ahigh societies need inself-governed degree suffice to make attachedtoparticularsuffice to polity. citizens Ý the nation the embody liberty,embody suchas values universal equal respect dignity, equality, Ý as a pre-political community. According to Habermas, institutional Habermas,According to as community. a pre-political Ý (Michelman, 2001:254) (Michelman, Ý bad nationalism bad 25 . Ý Ý how and on what conditions it and how conditions on what , at the core of which there of which core the , at In the nation-state concept, the concept, nation-state the In is a be CEU eTD Collection these particularistic identities can motivate intolerance of and aggression toward their others. their toward aggression and of intolerance motivate can identities particularistic these constitutionalconcludeaffective to Both attachments (Hayward, principles that 2004:11). always lensof the through andparticularistic identities people that interpret develop our is can neverbesince it argues thatcivic2000: 40).Hayward purely attachments political, identification passionate of become objects to them enables that of particularity supplement a by threatened are and on depend both but self-sufficient, not are affect our direct attachmentto universal principles ball'. 'first the on clear not is particularity and universality between relation the since concept, Habermas in notion level. This 'strategy of redirection', as I will show bellow, appeared to be the most controversial tosub-political by national purifiedsubordinating of negativeaffects all consequences these tobe out civic 'others',turn the towards attitude exclusionary tothe lead couldattachment While civicethnic to the one. the from component ethnic the andsentiment attachment claims that stream constitutional claims(Markell, Hayward) that isnot patriotism thin enough. Markell two counter streams,in Critics criticizinghis concept. of on constitutionalHabermas's work of patriotism, in divided haveresulted attachment sourcesof ambiguity of community.concrete This to citizens' attachment articulated two principal sets of challenges to his theory. First This 39). strategy claims deployments represent what Patchen Markell calls ' calls Markell what Patchen represent deployments affects direct universalSuchtheoretical and toward irrelevantour the principles. politically to itmake to wants just he but nation, the of concept reject not does Habermas Therefore, In Habermas's concept, political justification depends just partly on the civic the on partly just depends justification political concept, Habermas's In Ý [t]he whichuniversal[t]he principles toward constitutional issupposedto patriotism Ý to make affect safe for liberal for makesafe democracies affect to . According to him, political justification depends, as well, on 26 a strategyofredirection' Ý by redirecting our (Markell, 2000: Ý (Markell, CEU eTD Collection embodies universal principles of popular sovereignty and fundamental rights. constitution. In the context of Habermas theory, culture. we deal with republican constitution, some by majoritarian other or benot dominated common should means thatculture political which the level of levelthe subculturesof and their prepolitical identities communitarianism he claims that claims he communitarianism to difference sharp in However, community. political same the within conditions underinteract equal tocoexistand supposed are which subcultures, of the justone represents culture majority Habermas, to According view). of point liberal from legitimate completely majority culture claims beto recognized by all citizens as the common political culture (whatis identities subpolitical and cultures. cultural identities; itand finally,rests on untenable between distinction political and not is itself by procedural) not (and substantive loyalties;secure specific it presupposes enough tacitly to patriotism constitutional this: like goes criticism major up, sum to Therefore, strong enough ensureto loyalty and political integration. They ableargue thatproduce attachments, not constitutional iswhichpatriotism to be would Second stream (Canovan, Miller) claims that constitutional patriotism is too too is patriotism constitutional that claims Miller) (Canovan, stream Second nationalism. failsTherefore, constitutionalsolve civic too to patriotism theproblemsinherentto 4.2 The Unity of Political Culture in the Multiplicity of Subcultures The main assumption is that political culture of each country crystallizes around its around crystallizes country each of culture political that is assumption main The According to Habermas, the main problem with nation-states isthat the fact nation-states with main the Habermas, problem to According Ý the level of shared political culture must be uncoupled from 27 Ý (Habermas,1999:117-118),which Furthermore, we Ý thin Ý . CEU eTD Collection brotherhood and solidarity. The consequence of institutionalizing of these values was welfare values was these institutionalizing of of consequence and The brotherhood solidarity. consideration it recent socialist history. Significant for reflection of universalthe content of basic rights (Habermas, 1994:124). that part of its history were form merely a life of not and of a particular expression is alsothe system legal every reason notions of culture. political 'our' specific of context inthe place taking are always principles, processes political goals. Inaddition, as processes constitutional understood ('living constitution'),the influenceby to society's the is of hand,On theconstitution-making other open process the community. their to loyalty and identity collective their build should citizenry which on ethos shared civicwhich isis ethos embeddedinAndmoreover, it constitution. exactly the this civic a As such,they represent liberal democracies. of corevalues asthe accepted they are generally means, on hand,one that they are essential for every human community, and, on the other, that areuniversal fact The principles that these morality makes inner of constitution. the what the is law, of and offreedom thethis rule and universal liberal are isprinciples constitution about, whatthe But, tradition. and history its isregarding specific community single political every communities. political not be ethically neutral. Consequently,self-interpretations form these identity the of particular tradition, which will represent history and nation's of perspective the from principles constitutional of those interpretation its own politicalAccording culture.to Habermas, each national culture should develop a Itdistinctive, follows its own that form identity our by accepting andinteriorising principles embodied in constitution. the this interpretation can of continuous reflection and practical interpretation of of universal of reflection interpretation the and practical continuous constitutional For example, understanding of Croatian tradition is impossible without taking into taking without impossible is tradition Croatian of understanding example, For To put itmore clearly, this permeation of the constitution by ethics means that 28 Ý For that CEU eTD Collection (Habermas, 1994:126). circumstances extrinsicwould say, to the system of rightsCroatian and approach the principles is illiberal,long asit not oppress does otherreligiousthe Although,communities. itis obvioushere that of thewhat constitutional shows how Croatiaobvious statedefinesthat it favoritesits community. as anbe could interpretation understood particularisthat of InCroatian case, it principle. the Catholic As Habermas Church, whatdemocracies. And this is principlethe whichis embodied in constitution. Everythingthe else is legitimatein liberal principle isuniversal which accordingreligion, their practicing of freedom citizens all to to constitution, as the state. Therefore, the pointis that both countries, and Church the accordingbetween toa contract their to constitutions,according Croatia, guarantee in church Catholic to money the gives and not, or community catholic to belongs she whether matter no citizen, every taxes state belongs to.On the other hand, Croatiahas a contract with Vatican according towhich Croatian community. If she Germany, every citizen traditions. national is asked from different which originate differences i.e.whether ininterpretation, with differences principles, universal with accordance in constitutions ortheir built have them of both and notdemocracies, sheliberal are countries both isbelongs that point The exist. not does aright such Constitution, American to some constitutionparticular into them put and citizens its to rights social securing (forin role its preserved state new example,religiousthe 1990, in changed regime rightswhen Consequently, rights. social on accent strong towith system free medical care). On the other hand, according to the Maybe more clear example is one regarding relation between state and In church. state between relation is regarding one example clear Maybe more Ý [t]he make-upsocial [t]he of populationthe isof theresulta state of historical does, the state will tax her and give the money to religious community she community religious to money the give and her tax will state the does, 29 Ý CEU eTD Collection political,isintegration the into of politicaleach community citizen is shapedwhich by the it call will I level, First integration. of levels two are there is that here point main the So, argues that (Habermas, 1994:134-135). citizens members recognize as istheir of themselves by polity alsopermeated ethics represent the represent choosing the principles, which would be chosen in Rawlsian original position, which would rationality,interiorizewhich and according to form identity.we haveto our And this is notion the of which that principles basic as hierarchy, of top isthe at set This democracies. Habermas has in its mind. By rationality, I understand the process of some length in some points. Namely, he claims that that he claims Namely, points. some in length some culture. political common the for platform be the should way this in chosen principles The anybody. by questioned 135). cultural formsoflifeandviolatetheirclaim recognition tomutual majority culture will state usurp prerogatives at theexpensethe of equal rights ofother integration. Iftheyarecollapseddistinction between the thetwo into oneanother, levelsof within coexistinglife forms different of Itiscrucialtomaintainthe a multiculturalsociety. political level. Rather, it hasto sharpen sensitivity tothediversity andintegrity ofthe the legalsystem's neutrality vis-à-vis thatare communities ethically integratedatasub- Ý [a]t thesame time [a]t the ethicalsubstanceofaconstitutionalpatriotism cannotdetract from Therefore, there is a set of rules, norms and values that are essential for all liberal for all are essential that values and norms rules, of is a set there Therefore, Habermas's understanding of common political culture deserves to be quoted at be quoted to deserves culture political common of understanding Habermas's common denominator I hope I explained above what he means by this. Furthermore, he Furthermore, this. by means he what above explained I hope I (Dimitrijevic, 1999: 9),andbe which(Dimitrijevic,not reasonably could 30 Ý [t]he shared political culture in which culture political shared [t]he Ý (Habermas, 1994:134- (Habermas, all citizens should citizens all Ý CEU eTD Collection own set of values which are derived from its own ethnic, cultural, or religious specificity. by To putitmore simply,integrated integration, its second-level has sub-political group, every Furthermore, Habermas arguesthat Habermas Furthermore, always lose nation-state nation-state must of concept the out, points correctly integration since,as Dimitrijevic another, of into one be collapsed not levels Two societies. plural for model a as nation-state reject and politics, second level integration.of In this sense, Habermas strictly separates national identity from be whichbelongs thatHabermasidentity to stressed understands national as a category The important point is that political integration includes all citizens equally. Furthermore, it has community. specific linguistically culturally, ethnically, into integration represents it and sub-political, universal principles embodied in constitution.the Thesecond levelis, according Habermas, to 135). power of legitimateexercise laws andthe enactmentof legitimate substantive butonlybya consensus ontheprocedures forthe consensusonvalues in complexsocieties the citizenryas wholea can nolongerbeheld together bya Ý (Habermas, 1994:137). communities within thenation,which are integrated aroundtheirown conceptions good of must remain Ý [t]he neutralitythe law [t]he of vis-à-vis internal ethical differentiations stems the fact from that The ethical substance of a politicalintegrationsubstancethat unites the nation of The ethicalallthecitizensof As Habermas rightly points out, these two levels of integration have to be separated. Ý (Dimitrijevic,1998: 14). Ý is in always plural societies zero-sum tothe reduced game inwhichminorities Ý neutral Ý with respect tothe differences among the ethical-cultural 31 Ý (Habermas, 1994:134- (Habermas, Ý CEU eTD Collection cultural homogeneity as a precondition for achieving consensus? Habermas's response is that a need we whether question is a there procedures, on consensus through agreement reach This conclusion has another important consequence. If itis possible for our two families to communities integrated aroundconceptions differentcommunities integrated good the of consensusthe basic on principles, beside view.of Therefore, from moral point the be evaluated cannot ethical questions is that of laws whichto each side will consent and which will be in the equal interest of all. The point enactment forlegitimate the the procedures on andbyaconsensus moral universal principles, common life through action, mutual through recognition, mutual through respect. Habermasian understanding of democratic deliberative is politics Itisabout. aboutorganizing what exactly is this And dialogue. through consensus achieve will they if only life way freedom pursuing ofit,theirof own canpreservefreedom. theirindividual of Instead they will find common consensus values,on since in each case someone willlose his/her individual they that imagine to hard is It life. common their organize to have family lesbian colorful one a thaton assume example: one radical I willgive illustration, For Therefore, Habermas concludes that concludes Habermas Therefore, (Habermas, 1994:137-8). necessary,its procedural characteristics, canif bridge gapsinsocialintegration it invirtueof Becausethe democraticprocessguaranteeslegitimacy even between strangers. democratically structured will-formation opinion-and make possible rationalagreement Ý …prior background consensus based on a homogeneous culture is not necessary, because cultureisnotnecessary, basedonahomogeneous consensus background …prior Therefore, our two families can organize their life together only through appealto only life together through twofamilies theirorganize can Therefore, our Ý all persons must be membersall personsmust recognized of as ethical 32 Ý (Habermas, 1994:133). desert island, one Amish and Ý CEU eTD Collection cannot secure social toinstitutionscannot andintegration loyalties specific constitutional whichbe shouldthird that says and patriotism examined, objection, which a is still there Therefore, culture. political ageneral with identification historical its from up give had to culture majority achieve aim, in the tothis order that showed country. I Secondly, conditions for all subpolitical identities and cultures. Firstly, democratic Iarguedthat citizens itself process ensures the and political between to distinction untenable on identifyrests it that and identities, cultural substantive on equal terms withconstitutional to namely, constitutional patriotism, presupposes tacitly patriotism that the political culture of their own(Habermas, 1994:134-135). freedom freedom of incommunication politicalthe publicsphere…is in used equalinterestthe of all integratedpolitically in based way this rationally share the conviction unrestrained that backgrounds. cultural for of inclusion citizens space isopen of diverse the sense, political citizens equally.In this whichincludesall based procedural consensus, on of self-legislation, practice itinclusive implies the itself. of term Moreover, the understanding sub-political overcomes culture political described Above particularity. national realizing behalf it on imply of that goes butthis doesn't culture, inembedded acommon political is democratic process Moreover, superfluous. becomes for democracy condition catalyzing common politicalculture a populationbygeneratingand canrespondof tothechanged a culturalcomposition securingwhen legitimacy; itcan,the necessary, fill gaps that openinsocial integration, Ý [t]hanks toitprocedural[t]hanks properties, thedemocratic process has itsown mechanism for Finally, I believe that I succeeded to provide Finally,I succeededto a believe that I Therefore, nationalistic theories notion of cultural/ethnic homogenity necessary as a homogenity cultural/ethnic of notion theories nationalistic Therefore, Ý (Habermas, 2001:73-74). 33 response on the first two objections . Ý Citizens whoare Citizens Ý CEU eTD Collection the democratic process has to safeguard both private and public autonomy at the sametime. the at autonomy public and private safeguard both hasto process democratic the (public autonomy. andprivate) isa This proceduralist conception of rights of. consisted to this free communication equal is among citizenshipisprocess and exactly citizens what principles that they endorsed patriotically each inlearning other's andsubject very processes the claims engage to democratic universal making process. in sovereignty,popular actualizing consequently, and, in facilitating blocking or the decision- by unsubverted power value and orientations, contributions, originatingfrom programs a politicalpublic sphere argues that argues that politics deliberative of model a provides which forms, communicative (Habermas, 1996:505).This ismadeprocess possible byanetwork of different the informal, more or less discursive opinion-and will-formation made possible by basic rights and has legally into institutionalized procedures public sovereignty withdrawn people the of making process. in decision- the is responsiveness and focus accountability on the the citizenry.the Therefore, conditionsthe under which political should beconsidereddecisions expressions legitimate of explain is step to first the Therefore, legitimacy. the secures which process, of same the results The idea of citizenship, understood like The idea this, of understood requires anotion of two-dimensional citizenship, In this section, I will argue that the notions of integrity, solidarity and loyalty are This implies the idea of popular sovereignty. According to Habermas,According to ideaof sovereignty. This implies popular the Ý deliberations in decision-making bodies in deliberations must remain influxto the issues,decision-making porous of Ý In the public sphere citizens could recognize each asequalother free,and Ý (Habermas, 1996: 505). In (Habermas, 1996:505). sense, spherethat public main plays the role Ý (Mueller, 2006: 288). In 2006: 288).In sense,this effective access (Mueller, 34 . Ý according which to Habermas further Habermas Ý [t]oday, the [t]oday, Ý CEU eTD Collection polity flow from participation in this system of political cooperation constitutional patriotism is that ties mutualof responsibility. Moreover, focal of social be point the could citizenship active participative, is that assumption the context, integration of this type will ensure citizens loyalty to the common political culture. Ý adopt each participate citizen motivated to to andwhich will enable to which citizens willbe in sphere, 2002: 601). functioningpublic a well Therefore,constitutional patriotismrequires comprehensible, representatives fully accountable, and decisions publicly justified publicly andfully decisions accountable, comprehensible, representatives are perceived by citizens activating their autonomy as citizens of the nation inhand hand Safeguarding autonomy mustgo with rights citizens with theof private equal the we-perspective of of self-determination we-perspective active the the principles of popular sovereignty that forms the ultimate medium for a ofpopular sovereigntyabstract,the principles ultimatemediumfor form of the thatforms citizens groundedwill-formation in of opinion-and the deliberative complex society,itis the holes of social integrationthe holes throughof its thepoliticalparticipation ofcitizens significant andpolitically effective interpreted,withincontested implemented particular and political contexttobeculturally self-understanding ofsociety inquestion. Liberal-democratic ideals need tobe articulate, must be woven into the fabricof localconversations waysin thatresonate with thepolitical Ý The general democracy pointis The clear enough:for tobe universalisteffective, principles Ý [t]he strengththe democratic[t]he ofconstitutional state lies precisely in itsabilitytoclose The next step is step is the question of solidarity. The assumption of advocates of To conclude, a political order can achieve legitimacy only if only canachievelegitimacy order conclude,a political To institutions political Ý as democratic forums of isinclusive and of debate where self-rule, forums as democratic Ý solidarity with fellow citizens and affective attachment to the Ý (Laborde, 2002:602) 35 Ý (Laborde, 2002: 601). Consequently, (Laborde, political Ý (Habermas, 1994:128). Ý (Cronin, 2003: 4). In In this (Cronin, 2003:4). Ý (Laborde, Ý . In a . In CEU eTD Collection and political culture closer totheir this is realizingideas universalist theirinstitutions, political these culture and because represent their collectively way of product of the same the also is itself it since polity, particular to loyalty process. ensures italso Moreover, participants. Moreover, Cecil between solidarity ensures other, on the and, democratic process, to legitimacy hand, Laborde claims that one the on gives, sphere public in the deliberation democratic of process the that conclude Habermas, Calhoun) 2002: 287). address questions through public discourse andreproduced is becauseit created sphere is distinctive ofAmong the various forms of social solidarity (families, communities, nations), the public legitimacy and solidarity together. Therefore, I forged inforged arethemselves public action ofsolidarity a dimension institutional forms and character of their lives together. Secondly, Secondly, together. lives their of character and forms institutional solidarity.Firstly, inshared participation sphereenablespublic all choosethe to citizens to social of forms new of creation in the ways in two figures discourse Public solidarity. and sociability ensure to is meet sufficient people where is aplace public sphere the fact that bare forging of social relationships a form sphere constitutes which of social solidarity (Habermas, 2001:76) legally constructedthrough politicalparticipationsolidaritythat reproduces itself Ý their way Namely, itis significant that advocates of constitutional patriotism (Cronin, Calhounline argues sameitis claimingalong the Habermas, a with that public Ý , Ý their realization Ý ( Laborde, 2002: 599). (Laborde, Ý (Calhoun, 2002: 287). Anotheris plausible (Calhoun, 2002:287). argument thatthe Ý Ý hearts and minds , i.e. , they makes something have created, institutions these 36 Ý Basically, he claims that the bare fact that fact bare the that he claims Basically, through exercise of social imagination and Ý . Consequently,this will in the same time Ý (Calhoun, 2002:277). Ý Ý the mutual commitments mutual the citizens strive to sustain Ý (Calhoun, Ý Ý CEU eTD Collection patriotism is attachment based on a political achievement, and not on belonging. andnot on achievement, based onapolitical is attachmentpatriotism them make will be institutions, loyal citizenstheirto to willmotivate which andfeelings, character 2002: 600).(Laborde, which should framework, is there aconstitutional Moreover, culture. political common namely, project, constrain andcommon itsto is political canalize forces itbetter to something, be with a has identified need to community if every Therefore, community. political every to isinherent specificity of sense to liberal-democratic norms to tendencies of cultural nationalism is not vainly to seek depoliticizeto itbut, rather, tosubjectit relies on passive being. Therefore, Laborde that claims being.Therefore, relies onpassive andtoitculture related institutions. now. In this context, the stress is on active notion of of notion active is on stress the context, this In now. will motivate them will be the inhavingpride built institutions these and in them possessing feelings institutionsbethese thatpoliticalandto political attachment participation. will Their ensure citizen's identification with theirinstitutions, and establish motivational forplatform proud inproud havinginstitutions built in these and possessing them now. In this context, Therefore, the attachment constitutional patriotism relies on is political in its in political is on relies patriotism constitutional attachment the Therefore, This aspect is what essentially distinguishes this concept from one,which concept ethnic isessentially this distinguishes what This aspect Ý (Laborde, 2002: (Laborde, Ý regulate what it is permissible to do in the name of culture of name in the do to permissible is it what regulate 600). 37 What he actually claims by this is that the that is this by claims actually he What Ý doing Ý [t]he best way defuse theilliberal best way to [t]he Ý and and Ý creating Ý a common political acommon Ý CEU eTD Collection is that, in the moment when sentence was proclaimed, Croatia ‘rediscovered’ itself asastate itself ‘rediscovered’ Croatia wasproclaimed, whensentence moment in is that, the case whole the of dimension Important hero. ethical an became night the during woman, brave population. civilian this,for in1992 the obviously committed very crimes Therefore, against demonstrations – General Norac condemned andMirko his totwelveyears in colleagues prison judge in Croatia who – despite threats to her own life and threats of rightist nationalist while Serbs – whom they perceived as the initiators of the war – were getting off more easily. The Hague Tribunal. Many felt that Croatians were being exclusively accused of war atrocities, Norac (depending on different media(depending different on estimations) androads, there waslarge in demonstration where 80,000to200,000peopleSplit, some all demandedCitizensdrop governmentinhishometown of thatcharges.blocked the Sinj demonstrators as country, the across demonstrations massive sparked arrest His judiciary. tothe Croatian matter and leavingthe for Norac was ithave did awarrant that not stated took an active part in massacres.” the an part active took he that witnesses testified tothe four after bench move witness from dock the started to Norac who waschargedwithorganizing massacre40 Serb in the of 1991. Gospiccivilians inOctober focused onTihomir Oreskovi first Thecase Court. County Rijeka the before case prosecuted bymany wasawitness as a retiredArmy Croatian ina general the and regarded of war hero, storm in Croatian in publiclife and political general. like a Thestory this:goes “Norac, Mirko 1 Eastern EuropeanConstitutional Review,No.Vol.10, 2/3,Spring/Summer, pp.13 Ý . Norac’s arrest also fueled opposition to the government’s policy of with the policy fueledcooperation of government’s opposition . Norac’s also to arrest Škari by Ika was played important, less not story, this in role second The I will start this chapter with one story from the CHAPTER 5: IDENTITY AND5: IDENTITY MEMORY CHAPTER 1 The important point here is that The Hague Tribunal Hague The that is here point important The gathered under the banner banner the under gathered 38 recent Croatian past, which raised a Ý We all areMirkoWe all ü , a , ü , CEU eTD Collection measures of bureaucratic and physical ethnic cleansing, homogenized the country made it country and homogenized the cleansing, ethnic physical bureaucratic and measures of lived since1990.Riding on wave the of nationalism,aggressive Croatian using government, are Mirko Norac are Mirko by his supporters as a victim of contra-Croatian conspiracy. United under the banner as underthe United a victim conspiracy. by hissupporters of contra-Croatian sides, united around two ‘heroes’. oppositeOn beginning trip,compromised Croatia past.very the that of wasdividedontwo war by own, its through walk hard it started Croatia moment, that Since happened. really Claimingabsence On hand,Žižek ‘nothing happened’, of refers to riots. something other the law rule of under the philosopher Slavoj Žižek, which deserves be atto quoted some length. past. of vampires the it did not to The Hague, but condemned in Croatia itself. It was not just the case that Croatia proved that of theterm redeemedthe signifier of ‘Europe’, thenthis act was ‘European’inthemost patheticsense happened: theimpossible turned Ifthereisstill intotheroutine. anydimension tobe moment,since chaosdifficult would was ensue’–after thesentence proclaimed,…,nothing liberal Leftas something which ‘we allwant, but,unfortunately,cannot at afford this nottobeprovoked,andthedirectpowerful harshsentencewas force perceivedbythe the sentence,before thenationalist right, withwas itsveteranorganizations, perceived asa Ý The true dimension of the act proper consisted in the shift from the from impossiblethe shift to possible: the actproperconsisted in truedimensionof The need international tutelage anymore, but it also showed that it chose to confrontwith itit that to chose alsobut showed need anymore, international tutelage One side identified itself with Mirko Norac, ‘war hero’, ‘great Croat’, represented Croat’, ‘war ‘great hero’, Norac, Mirko with itself identified One side Another important dimension of this actwas well described by Slovenian prominent Ý (Žižek, 2004:30). Ý , these people actually tried to preserve conditions under which country has country which under preserve conditions to tried actually people , these . For that reason, it was especially important that Norac was not delivered Norac wasnot that important itwas especially reason, Forthat 39 Ý We all CEU eTD Collection should be interpreted inshouldinterpreted history be and abouttheir "lessons"forpresent the and The the future. strong emotions,it was especially obvious during the the background of Nazism. That the Nazi regime and the Holocaust are subjects that still evoke against cohesion social of elements other of establishment the with together identity, national burden of the Nazi past. The one. German the from made be could that key conclusions some for out bone of contention reach Iwill case, in Croatian atstake is what actually better understand to in order Therefore, was the demarcationcases. many between two these we candraw parallels that inbelieve place 1986.I inGermany of the German Croatia bears some resemblance of of the resemblance bearssome Croatia identites, is andin very publiclife.Inthisregard Croatian cultural period sincethat present understanding of identity. collective Croatian citizens,i.e. she showed that it was possible tothink andin act terms of an alternative new identity. Therefore, Ika Škari Ika Therefore, newidentity. building andtostart a make highly to past, compromised aclearbreakwith Rijeka, consented have not accused him, these crimes were part of Croatian collective identity. of collective Croatian werepart crimes accusedhim,not have these Army, Norac was not killing in the name of all Croats. But, as long as Croatian authorities identity till that period. Killing innocent Serbian civilians in Gospi civilians Serbian innocent Killing period. that till identity of the part thatwas something supported just people these war criminal, by Therefore, ethnic homegroup. one for Historikerstreit with the Germany hascoped Reich onwards, of ThirdFrom 1945 andcollapse Dealing with the past, understood as political ofreflectivedealing with a process understood Dealingwith the past, On the other hand other the On was an intense debate about the way andReich about Holocaust Third way the intense debate wasan , all identified those Ika who with Škari ü was important in a sense that she showed the way way the in sheto showed a sensethat important was Historikerstreit building a collective identity thefigure around a of 40 Historikerstreit. ( Ý Historians’ Debate ü , as a General of Croatian of a General as , ü , that modestjudge , that from common Croatian common Ý ), which took a CEU eTD Collection worst aspects were but imitations of features better exemplified by other peoples: theBritish peoples: byother better exemplified features imitations of butaspects were worst that claims he that, do to order passing over unbridgeable break, happened which during period the between 1933 and 1945.In Jews. against similar crime 7). ‘Consequently’, Nolte concluded,in some weird way, that Hitler was provoked to commita Bolshevik tothe firstforemostbe threat asreactions andshould understood turn against Western Europe. According to him, According againstto Western turn Europe. would Bolsheviks the that feared had Hitler that claimed Nolte Moreover, methods. mentioned regime; neither GermansNazi about special so wasnothing there wasthat conclusion the Therefore, extermination. were the first, nor they mass aform ‘invented’ of who actually those were were Bolsheviks the that claimed Nolte the only one who implementedwith Butthis genocidesCambodians). a (Soviets, Turks, wasjust other above framework of twentieth-century the inhistory, and, sense,tonormalizethat by itcomparing it without a permanent sense of guilt,i.e. past embrace their to beallowed should thewar,Germans endof years the after 40 that, with by whole ina in casestarted prestigious daily a 1986essay Nolte heargued paper which terms applicable toothereras and otherapplicable systems outside the historicalcourse development, of noronethatcould notbeunderstood inthe that mayhavebeen unusually,perhaps horrible, butnotonethatstood unprecedentedly, Ý the time had come for the Nazi regime to be undemonized, to be reevaluated as a period asa tobereevaluated undemonized, regime tobe theNazi for timehadcome the Nolte was actually trying to reestablish a continuity of German history byalmost history German of continuity a reestablish to trying actually was Nolte Therefore, Nolte wanted to place the to wanted Nolte Therefore, Ý there was something un-German about Hitler ideas, that their that ideas, Hitler about un-German something was there 41 Ý [t]he Nazi andtheHolocaust [t]he dictatorship Nazi period and its and the Nazi period within crimes Ý (Baldwin, 1990: 4-5). (Baldwin, 1990: firststep. Furthermore, Ý (Baldwin, 1990: (Baldwin, CEU eTD Collection with principles of identified France, which was with France identical republican actually was said that Mitterand accounting of Republic this demandnot rightsits the Thus, totally (with ofall citizens). an do open regard to attitude This is Mitterand said:what compared to some knowncasescompared other of to genocide legitimately be can it that and humanity, against crime single the not is Holocaust the history with their of consciousness race Jews Indians,the the scruple,Americans whoexterminated the empireconquered who without Identity, Memory, and Debt Memory,and Identity, foundW.giveinBooth article oneexample,whichI James disagree. I where is this and present, the of interpretation new a legitimize to order in history German that Stalinist regime was not 'final solution' forany particular group, as the Holocaust was. extermination still separates the separates still extermination surrender the Jews temporarily beyond reachof the SS.the effort That ethnic at round-up and total all Jews and othersduring thedarkyearsoccupation. of persecution of Francein the the roleof wasto acknowledge he asked camps. Specifically, Velodrome d’Hiver…inParisandtheirsubsequentdeportationtoNaziconcentration voice, onbehalfFrance,of tothe commemoration oftheJuly1942roundup Jews at the Charles S. Maier, Ý of the Holocaust' is enormous. It was also one of the stumbling blocks of the of blocks stumbling ofthe one also was It enormous. is Holocaust' the of 2 In 1992, Francois Mitterand, then president of thewas Mitterand,thenpresidentof FrenchFrancois askedIn 1992,Republic, tolendhis Still, this remains a highly contestable issue. Thecontroversy surrounding the questionof the 'uniqueness the Jews under direct German control, and to pressure German allies or occupied governments to governments occupied or allies German pressure to and control, German direct Jewsunder the However, my point is something else. In order to make my point more clear, I will I have to say that I agree with Nolte about his first claim that in twentieth-century egalite,liberte,fraternite. Ý (t)he Holocaust was not mere wave of killing. It was a systematic effort to exterminate Ý . (Conan (Conan inand Rousso,quoted 1999:250) Booth, Ý furor teutonicus The Republic, across all a Republic, across itsThe has history, adopted constantly Ý (Baldwin, 1990:10). from Stalinist terror. So, accordingSo, Mitterand, to 42 2 . But his basic intention is to relativise the relativise isto intention basic his But . Ý (Booth, 1999:249-250) (Booth, Ý (Maier, 1990: 43) He wants to say Ý Communities of Memory: On Communities of Historikerstreit. Ý Vichy regime was a was regime According to . Therefore, CEU eTD Collection Moreover, they started the war and they committed much bigger crimes. argument says that Croatia shouldnot prosecute its soldiers, since Serbiais also not doing that. themselves. In First argumentsays Croatiathat wasattackedbySerbs and were that Croatians just defending such a kind of position, it was impossible to commit a war crime. Second which identity. national of matter internal is which past, claim that both of them somethingidentity. eventsarenotactually immanent to‘real’French/German these national I search for external compatibleexcuses with French political culture. But, what is important to stress,is that both agree that innot was regime orderthat since regime, in Vichy committed crimes not for responsibility French todenies cope with compromisedsees the causes of Holocaust somewhere in Siberia. On the other hand, we have Mitterand, who who and forms, organizational similar some with regime Nazi comparing by identity German French’, Nolte claims that there was something ‘un- was regime Vichy the that claims Mitterand while Therefore, memory. collective French of objects consequently, the arenot, which injustices, forthese andaccountable responsible this belongs Nazi past Germany to Finally,and the Vichy French collaborators. are not that regime is not part of what represented the break with French republican continuity, it cease to be itcease to continuity, republican French the breakwith represented 1999:250).(Booth, history in parenthesis Republic, continuous the the of Ý We are all MirkoWe Norac are all Here we can draw a parallel with Croatian case. There are two kinds of two arguments are There case. Croatian with a parallel Here wecandraw normalize to is trying who Nolte, side, one the on have, we that is here point My To conclude, To Mitterandgoes like line regime argument sincethat this: of Ý Ý group uses ‘glorious’,‘homeland’ in group Croatian defending war. French Ý ( Ý we Ý ) are, French are not inheritors of this past, but 43 Ý un-German aboutHitler’sideas un-German Ý a new regime different anda newregime temporary different Ý French Ý ( Ý . Ý ours Ý ). So, if ). So, ÝÝ CEU eTD Collection Sonderweg, the peculiar contextpath of the Great economic Crisis,liberal-socialist the stream sees fascism as an outcome of of developmentwhich madebreak 1933,and a with prior thousand-yearto which history emerged inthe of the phenomenon, Nazismasaunique perceives stream conservative While the liberal-socialist. German society perspectives, and Nazi conservative is to response developedtwo-counter through period from the 19 by the Nazi by Nazi crimes the accused him of wanting to revive a actually was Auschwitz that hisclaim heattacked Second, regimes. andauthoritarian from totalitarian other essentially it different as not portray to Nazi regime, the relativize for attempting to Nolte accused Habermas claims. First, Nolte’s new identity. As I already As mentioned, newI already identity. a building and past with dealing of theory Habermas’s of context broader in introduction be the national past. ‘real’, compromised dealing with of with process the cope to is reluctance cases these connects What glorious. is and clear past Croatian us.Consequently, they attacked crime, the since not is Serbs killing the thinks that such, they havedo nothing with to French Andpeople. finally, there were some crimes,should but notthese be anymore crimes burden areNolte admits whichhappened crimes during thebut Nazi thinks thatthese regime, crimes not on youngpart ofgenerations French republican of Germans. Mitterandidentity, also and, admits as that But whatisBut requires hereactually stake at In following pages Iwill present Habermas’s reaction on Nolte’s claims, which will The three mentioned cases of dealing with difficult past allow for some parallels. which separated Germany from democratic-liberal western mainstream.Thepoint from western Germany democratic-liberal separated which Ý (Baldwin, 1990:6). Ý a form of German national identity that was notembarrassed Historikerstreit 44 reaction to the Gulag. Finally, Habermas Finally, Gulag.the to reaction some more German The explanation. some started by Habermas’s reaction on reaction by Habermas’s started Ý We are all MirkoNorac th century,knownas Ý group CEU eTD Collection also grew up within a form lifeof in which waspossiblethat (Habermas, 1989:232). generations subsequent is thesimplefact that there hand, On theother (Habermas, 1989:232). beactfor blamed to their generations,whocannot later failure parents’ and grandparents’ issues these claims that Habermas nation), of whole German the anything (and,ultimately, do failed to who those of andliability collective the perpetrators the Referring to Karl Jaspers’ in themselves found Germans one the from differs situation German ironically by summarized ironically Habermas: are demands conservative history. The whole view German on balanced blocks a more past Nazi around concentrated guilt with obsession the that claim they context, this In stake. is history, at of the cohesion nation since the of positiveGerman aspects allegedthe ‘genuine’, a revival of identity through national German the of re-emergence of necessity the insisted on conservatives hand, other the On regime. Nazi the of crimes the for responsibility historic is that left-wing intellectuals insisted on the notion that the modern period aside; itssignificance must beleveled off toshuntthis sufficient these itisnolonger for purposes relativized; catched Nazi periodbe facilitating identification history purposes of the negatively requires for thatthestatusof peace and internationalpredictability. weakness ofthepoliticalsystem’s legitimationand to threaten thiscountry’s domestic integration decline. Thelamented positive self-image cannotbecreated. Withouta collective identity, the ofsocial forces Ý Without the national memory ofthis whichhistory, has come under a Starting discussion about treatment of the past, Habermas claims that present that claims Habermas past, the of treatment about discussion Starting Ý The Question of Guilt Ý loss of history of loss Ý And further: 45 Ý , which dealt with issues of personal guilt of Ý (Habermas, 1989,235). Ý iseven said tocontribute to the Ý But anappropriationofnational Ý no longer fit the problem fitlongerno problem the of immediately after the war. the after immediately German society bears Ý thought ban, Ý a CEU eTD Collection presentform of life. Therefore, Habermas claims that all victims killed by German hands. by German killed victims all predecessors. For that reason, he claims that Germans are obliged to keep alive the memory of andits humanistic culture, should butalso beresponsible Habermas claims that today’s German population should be proud of its constitutional state - lessons its continuouslynow in liability appropriate moral and- duty form of the to past, to the on reflect this consequently, regime, Nazi in the committed crimes all for liable collectively and directly was generation after-war intrinsically. Since but say, would conservatives asthe circumstances, possible was Auschwitz in which context being held to account beingheld to capableof or author agent time, through an of attribution asinglesubject of a community as character. character. time. Accordingthe over community national of sameness tothe i.e. Booth, dimension, temporal a involves necessary the question of sameness through time is at its core normative in indissolubly interwoven with it escape asindividualsand thatmilieu,becauseour are Germans, identities, both through ahistorical milieuthat made us whatwhoand we are today.None of uscan todisentangle local,political,familial, andintellectualtraditions –thatis, that isdifficult Ý (o)ur form of life is connected with that of our parents and grandparents through a web of a with is our parents grandparents through connected and thatof oflife form (o)ur Ý In that sense, Habermas concludes that German form of What is actually at stake here is national identity. The issue of national identity national issueof hereis is identity. The stake Whatnational at actually This is so because it is this sameness or identity that makes possible the recognition the possible makes identity that or is it sameness this issobecause This carries over to the next and all future generations of Therefore, Germans. of generations future and all next the over to carries Ý (Booth , 1999: 250). , 1999: Ý (Habermas, 1989:233). (Habermas, And it is exactly this ‘sameness’ that generate that ‘sameness’ Andis exactly this it Ý 46 (Habermas, 1989: 233), not 1989:233), bycontingent (Habermas, for crimes committed by their Ý life is linked to the life s our CEU eTD Collection through the Habermas’s concept of patriotism.of Habermas’sconstitutional the through concept be explained should which culture, political common and identity national isGerman stake at the only reliable basis is destroying for ouridentity, tienational their to of form the Westa conventional to Germans the recall to wants who to dispelto ourshame about this factwith an empty phrase like 1989: 227). Moreover, getting1989: 227).Moreover, the conservatives, evenwith heclaims that anchored inanchored convictions could beformed only –and after through – Auschwitz fact isthe Germany Federal of context in the concept this about specific is What patriotism. constitutional namely, chapter, accomplishmentwas possible in form only patriotism,in the of Ipresented which previous the This be proud. could whichhisgeneration of intellectual accomplishment great sense that it has become part of the political culture of that claims the West. According to him, this is the he Moreover, by is Right. the questioned above, described premises based on the Republic, Ý others from expect werespect ourselvesandcannot word, suspicious.Otherwise cannot that is,in traditions thatstandupto the scrutiny ofa gaze educated bythemoral catastrophe, agaze human solidarity, canbecontinuedand of further developed onlyinthelightof the The contextofournationallife, which incomparable oncepermitted injurytothesubstance traditions in ourhistory, ahistory thatisunexamined butinsteadappropriated critically. After Auschwitz our national self-consciousness canbederivedonlyfromthebetter Auschwitz nationalself-consciousness After our Ý According to Habermas, the official self-understanding of the German Federal German of the self-understanding official the Habermas, to According (Habermas, 1989:234). (Habermas, the Federal Federal forward the period made in step postwar asignificantRepublic the Ý that a connection to universalist constitutional principles that was that principles constitutional universalist to a connection that Ý (Habermas, 1989: 227). Therefore, what is here what (Habermas, 1989:227).Therefore, 47 Ý obsession with obsession guilt Ý [anyone whowants [anyone Ý (Habermas, Ý …, anyone in the CEU eTD Collection democratic deliberation. democratic claimsHabermas hand, other the On conventional. that or traditional identity an make i.e. this, exactly do Germans canalthough bynormalizingconservatives, German andpast relativizingAuschwitz, are create a rational collective identity only through the process of process process of formation, andidentity culture which stands after Auschwitz burdens to beburdens assumed to moral of source the itsand identity of core as the itspast with ties acommunity’s understands conventional identity’. conventional two levels together aremoral principles cannotessential go apart from the project of continuously contested memory. These parts indiversity. the process The pointof building is that and for openness second demands the and one history, while nation’s past contestation of the what project Habermas of building callsethics of remembrancei.e. and reflexiveresponsibility, andcritical examination and common ‘post- political culturebuilding a new, constitutional-patriotic on identity. Therefore,the the first step includes the notionsuniversal of his and Moreover, remade. beingreproduced whicharecontinuously butasflexibleconstructs, fixed orpredeterminated, culture. from the perspective national itsculture should develop own adistinctive, of interpretation constitutional of principles nation’s history and tradition, which will represent its own political In the Habermas’s concept, both In both Habermas’sthe cultureunderstood and as concept, identitiesnot something are In the previous chapter, I explained Habermas’s position, according to which position, In chapter,IexplainedHabermas’s each to according previous the The first level is that of memory and the past, and the second one consists in In German case, there is a question isaquestion case, there In German Ý (Cronin, 2003: 18). Of course, there is no clear answer to Ý (Booth, 1999: 253). In 1999:253).In levels wecan (Booth, context, this recognize two inthe focus is on Ý the manner in mannerthe which constitutional patriotism 48 Ý what count as an authentic German identity countGerman asan what authentic in dialectical relation. dialectical in this question, trying to CEU eTD Collection character of the future identity identity are: future the of character criteria pre-political than ascriptive, norms,rather of inthelightuniversalist public interpretations important element of which is the identification should be replaced by dynamic and complex process of identity formation 2006: 289) filter of the nation’s past (Mueller, 2006: 289). This means 2006: 289). filter of (Mueller, nation’s the that past been critical the thathad traditions bepassed identity on could basedonly identity. Suchan preserved… negatively behas to tradition our Namely, Nazi experience. the and demonstrated have started others which as something unproblematic, continue traditions with which they find themselves confronted universal principles. This means that This universal principles. identitiesin of shared the name and group particular reflect traditions upon from isto citizens is What more asked have generally. principles and constitutional asbasicrights been realized that claims unversalistic the of prism the through reinterpreted partially, least at be, should formsother of moralityconventional are simply superseded. What hehas inmindis that they and tradition national that imply not does Habermas society’, ‘post-conventional or traditional’ simply a matter of replacing national with postnational identity. Using the term ‘post- of not its onthenation.was this from However, historical concept detachingdependence itself Ý (Mueller, 2006:288). According to Mueller, accepting national tradition unreflectively meansthat unreflectively tradition national Mueller, accepting According to Habermas’s first assumption is that democracy can form the identities of citizensby , Therefore, identity identity beTherefore,has based to dynamic on continuous, andopen process in our name too. Therefore, he suggests a dialectic process of identity identity making a he to dialecticin Therefore,of process suggests nameour too. Ý (Mueller, 2006: 289), what will result with post-traditional political will with post-traditional whatresult (Mueller, 2006:289), The basic questions, answers to which have to determine the determine to have which to answers questions, basic The continuous process of Ý ‘who do we want to be?’ and ‘how do we want to position we wantto be?’ do and‘how we wantto do ‘who Ý they have reflectively to endorse or reject or endorse national the to reflectively havethey 49 Ý aufgehoben, that is, both transcended and is,transcended both that aufgehoben, Ý (Mueller, 2006:287). s elf-reflection . Ý previous unreflective previous Ý (Mueller, Ý , Ý we Ý an of CEU eTD Collection do with we itisof are loosing us, moral Moreover, part ourselves. preserve our to task identities.with long compromisednothing Asthat our aswepretend hastheir present to past participants, plagiarize thewhat bypretendingpast do actuallyhappened, that hasnothing to different course of dealing with past than question for wedefinethe on ourselves answering partly. part Other Habermas suggests. I marks us obligationsand puts onus. Onthe ithand,other constitute us cannot completely,claim just that in all threeand assuch,helpavoid us injusticesto repeating of past.Consequently,the itmodifies us, cases lessons’, of ‘storehouse the as itserves that sense in the function, pedagogical its has also Past thrown national differs conservativepast from is one.Ourpastsomethingthe just a temporal aspectWhen claims identityHabermas our that is not he historically does rooted, into accounttake of the past, but also identity.a moral one. In that sense, present German of out theHolocaust wash i.e. to they want Nazi period, the relativising his understanding of 2003: 18). understanding of their identity emerges from this process can claim authenticity claim can process this from emerges identity their of understanding determine through this offers. patriotism process of constitutional concept which of their traditions they want to preserve, and whatever only ifonly we identity understand our in questionsbuild and to identity acommon around answersthe onthese is questions possible ourselves toourpastinlight of this identity’ Ý , (Booth, 1999:255)and(Booth, assuchit Doing that, they neglect the friction, which arises out of the presence of past. of the presence the of out arises which friction, the they neglect Doing that, Before the end, I will return to my three cases. Participants in all three cases chose cases three in all Participants cases. my three to return will I end, the Before On the other hand, revisionists try to reconstitute a conventional national identity by identity national aconventional reconstitute to try revisionists hand, other the On procedural represent Ý It is a matter of German citizens themselves to themselves citizens German of matter a is It 50 (Mueller, 2006: 288) (Mueller, 2006: terms, and this is exactly Habermas’s what isexactly this and terms, s something from escape. from wecannot something which who dowe want tobe. ? To answer on these Ý intowhich we are Ý (Cronin, CEU eTD Collection democratic polity of citizens by using political and moral choices other than national identity. national than other choices moral and political using by citizens of polity democratic conceptualize inthis hope it thatIshowed that sense)was possible the andthesis I to (inof Habermasian becomeEurope implementin to part Croatia steps these order that hasto claim I identity. national on than rather principles, moral universal on identities collective new an era of democratic normalcy an democratic era of into step to thesociety would enable conditions that create in to order identities, of perception give and make necessary uptheideology to nation-state to inthe break afundamental of the name of name of in done the been hasdefine actually what to war, and nationalism the on bereflection acritical with the demons of the past, in order to free the space for anew beginning. Second step should make break ithas aclear to in few First, steps. do, canbe summarized hasto Croatia What no. of a pre-political unity anymore? I claim that in Croatian case, the answer onboth questions is, done in done putis it all Orto hadacceptable. differently, itafter possible, that been whether crimes these morally and possible is continuity any war the after whether is question The continuity. preservenational to in order past the of reading ishistory selective recent to the relation 1999: 258 (Booth, ). essential we are,something who our identity physical arguably ascrucial our to as person memories as part of our identities. Ý Ý our the nation the At the end, one final remark regarding Croatian case. What characterizes Croatian characterizes What case. Croatian regarding final remark end,one the At Ý name, i.e. in the name of of name in the i.e. name, Ý . Third step is . Thirdstep which same the one, suggests for Serbia:Dimitrijevic (Dimitrijevic, 1999:8) Ý To rob us of our memory is to destroy part of us, something Ý the nation the 51 Ý , to create civilized community on the basis the on community civilized create to , . And finally , the last step is a building of Ý itis Ý CEU eTD Collection keep such kind of ‘expressions’ far awayfrom politics. to better be itwould As such, others. toward aggression and hatred into be easily transformed pre-politicalthat strong feelings,belonging modes very attachments of which produce and can in fact laysthe itself exactly of concept the desirability I claim thatthe Moreover, patriotism. constitutional give answerthe question,if we achance to wewillneverget willnot which on nation- a that something state citizens, its of hasintegration beenpolitical the and polity doing particular a to veryloyalty well for more thanfeasibility, the majortwo criticism says that constitutional centuries. patriotism will notbe able ensureto both I thinkisthis feasible both concept a and of desirable way modernorganizing societies. Regarding that this is an empirical by introduced byJurgen Habermas manyand supported As theorists. inI showed my thesis, leastin at theory. communities, political organizing of ways alternative some for space the opened has principles values andindispensablenorms, for any democratic system. Thegeneral acceptance of these has these principles embodied in its constitution. As such, these principles have become shared universal moral which Today,principles. be every state, itself aliberalconsiders to democracy, modernin has general of hand, of development resulted liberal acceptance the the democracies other the On citizens. its all law to the before equality and rights human universal anymore one hand, which nation-state, the this on tacitly relies pre-politicalensure unity, cannot pre-politicalaround Therearereasons unity,became two why obsolete. happened. On this the One alternative is the constitutional-patriotic mode of concept belonging, mode the of One constitutional-patriotic isthe alternative This showedthat atraditional modebelonging,thesis (conventional) of centered CONCLUSION 52 CEU eTD Collection cultural cultural kinship given area beingshape the national individual nations of blood, linguistic on basisof the and manner…as a resultof material developmentof the all those forcesand spiritual ina which saysthat which fornationalistic discourse amomentaccept the nation is able to produceif of todefend theidea drop Therefore, of blood’. prepared of till nation ‘last idea the the the so strong attachments, it deserves to be taken seriously. If we years a hundred for almost many ways. Namely, Serbs and Croats share the same language; they lived in the same country in each other resemble since participants is interesting, War The Serbo-Croatian each other. inregion which nationalthree which groups, have lived togetherfor hundreds ofyears, killed the worst form. It is also Federal in Germany, astate nationalism,notwhich transformed into Nazism, anddeveloped into surprising that I choose this topic, since I am coming from the to find one European whichstate, compromise notdid its national identity during the war, which is exactly what history teaches us. World War II was the best example. It is really hard after such crimes were committed in the namemore bloody, which confirms theof case from Rwanda. the theologians. Therefore, we can say that by be whichcan and a highly educated Orthodox only Catholics, explained division as much as two nations resemble each other, intertwined;highly believethey also same, inChristian God,althoughthe they are dividedinto a war is Hayden's article Hayden's Yugoslavia. Of Kingdom the in lived they 1941 till 1929 4 from and Slovenes, and Croats Serbs, of State the 3 This is acitation from Franjo Tudjman's book Serbs and Croats have lived together in the same country before 1945. From 1918 till 1929 they lived in From From samethe it reason,is surprising not thatconstitutional in emergedpatriotism Moreover, as I showed in my last chapter, national feelings are so strong that, even that, strong so are feelings national chapter, last my in Ishowed as Moreover, Ý 4 , then we can say that it is also in the nature of nations to kill each other, Nationalism in the Formerly Yugoslav Republics, 3 ; their cultures and traditions, as their territory and history, are Nationalism Nationalism in Contemporary Europe, 53 Ý Nation pp. 663. Ý [n]ations…grow up in a natural [n]ations…grow Ý , there are still many who are quoted in Robert CEU eTD Collection included. Croatians of,could be andproud somethingwhich from countriesall other France could learn, only the Achievementpossible solution.be desirable and something this of finally would universal and equality rights before law the for towards constitutionalnation’, Croatia give has to its concept up nation-state of organizing community, andtoturn ‘mother in the name of done the hasbeen that everything after I claim that, Furthermore, patriotism. Habermasian Europe. toward is firststep the war, andthis from last the past compromised If CroatiaStates wants soldiers. toalthough Croatians country by helpof the without deliberatedtheirUnited own themselves, became theelected bythe people, andalthough regime that have did not the general support,andpublic state As whichI showedto bear can responsibility ensure inCroatia empirical making things forclearer. good case forthe the quisling last regime inchapter, Word War II, althoughpatriotism. that constitutional of criticism Croatia nationalists’ regime the to counter-argument empirical my is This state. was not nation- the and nation the of idea the for funeral a also has but Jews, of extermination an just not startedfor Germany, to nor for alldeal (at least)be neither aviableconcept, based pre-political unity,the cannot on nation-state, of concept the European with states. Therefore, its the Holocaust, under After ‘Naziumbrella’. the hide theirown crimes,could sothey the I claim that the Holocaust especiallywas towards Jews. These states were ‘lucky’ that Nazi Germany committed such horrible In the end, just few words about Croatia, which served me as a motivation and a 54 all of , as distinguished from France, accepted from asdistinguished its citizens, constitutional patriotism is patriotism constitutional citizens, its CEU eTD Collection Habermas, J., Alternative?’, Is aConstitutional there Europe: of Eastern States ‘Ethno-Nationalized Dimitrijevic, N., in in Countries ther Transition, Subotica: Open University, 1999. Patriotism for Serbia.’ In Nadia Skenderovic and Milan Podunavac (eds.), Civil Societies Dimitrijevic, Nenad, “In Defense of Utopian Thinking: Civil Society and Constitutional Patriotism', of in Constitutional Defence Identity: Collective and 'Democracy Ciaran, Cronin, 30, No.3.,Jul.,2000, pp. 413-432. 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