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from Part II - Reflections on Some Theories and Doctrines
Published online by Cambridge University Press: 22 February 2024
The question of legitimation, according to the analysis of the Frankfurt scholars, contains an unanswered aspect pertaining to the entire normative approach. This is about the final arbiter to decide whether a regulatory system can claim legitimacy. It can be logically suggested that such a final arbiter needs to be positioned outside of the normative system in question. Once we can agree that the natality aspect of fundamental rights is lost in the transfer from the non-digital domain, we see that the Frankfurt school’s aspiration towards the general explanatory power is lost as well. The relational chain stops after the creation of the digital narrative; that is, normativity does not follow as a logical result from internal development inside the digital domain. Despite the relational chain being broken, normativity exists in and for the digital domain. If not a result of the development as proposed by the Frankfurt school, there have to be other explanatory venues. The main among these is the concept of self-normativity.
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