Abstract

Along the history of politic philosophy there is a hesitation between the ideals of justice and those of solidarity, expressed mostly in the polemics between liberalism and republicanism, since, despite the many versions of both theories, the former proposes a model of judicial reparation of individual rights of the rational selfish ones threatened by the State, while the latter demands a politics of identity acknowledgement by means of collective rights. However, Habermas, through a criticism of the most recent conceptions of both theories, Rawls’ liberalism and Taylor’s communalism, understands that the discourse theory overcomes such hesitation, showing that it is possible to have solidarity through justice, as modern, pluralistic, multicultural, and complex societies can still allow for a constitutional patriotism around the principles of the Rule of Law, resulting from the political participation of those affected by the norm effect, capable of generating a solidarity between strangers.