"The project of realizing the system of rights-a project specifically designed for the conditions of our society, and hence for a particular, historically emergent society-cannot be merely formal. Nevertheless, this paradigm of law, unlike the liberal and social-welfare models, no longer favors a particular ideal of society, a particular vision of the good life, or even a particular political option. It is "formal" in the sense that it merely states the necessary conditions under which legal subjects in their role of enfranchised citizens can reach an understanding with one another about what their problems are and how they are to be solved. The procedural paradigm is certainly connected with the self-referential expectation of shaping not only the self-understanding of elites who deal with law as experts but that of all participants. But this expectation does not aim at indoctrination and has nothing totalitarian about it-to anticipate an objection that, though far-fetched, is leveled against discourse theory again and again."
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Between Facts and Norms
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