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Between Facts And Norms

Author : Jurgen Habermas
ISBN : 0262581620
Genre : Law
File Size : 88.63 MB
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In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers.
Category: Law

Between Facts And Norms

Author : Jürgen Habermas
ISBN : 9780745694269
Genre : Philosophy
File Size : 57.97 MB
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This is Habermas's long awaited work on law, democracy and the modern constitutional state in which he develops his own account of the nature of law and democracy.
Category: Philosophy

Habermas On Law And Democracy

Author : Professor of Human Rights and Director Program on Global and Comparative Constitutional Theory Michel Rosenfeld
ISBN : 0520204662
Genre : Law
File Size : 88.39 MB
Format : PDF
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In the first essay, Habermas himself succinctly presents the centerpiece of his theory: his proceduralist paradigm of law. The following essays comprise elaborations, criticisms, and further explorations by others of the most salient issues addressed in his theory. The distinguished group of contributors--internationally prominent scholars in the fields of law, philosophy, and social theory--includes many who have been closely identified with Habermas as well as some of his best-known critics. The final essay is a thorough and lengthy reply by Habermas, which not only engages the most important arguments raised in the preceding essays but also further elaborates and refines some of his own key contributions in Between Facts and Norms. This volume will be essential reading for philosophers, legal scholars, and political and social theorists concerned with understanding the work of one of the leading philosophers of our age. These provocative, in-depth debates between Jürgen Habermas and a wide range of his critics relate to the philosopher's contribution to legal and democratic theory in his recently published Between Facts and Norms. Drawing upon his discourse theory, Habermas has elaborated a novel and powerful account of law that purports to bridge the gap between democracy and rights, by conceiving law to be at once self-imposed and binding.
Category: Law

Discourse And Democracy

Author : Rene von Schomberg
ISBN : 0791454975
Genre : Political Science
File Size : 89.27 MB
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Examines issues in legal and democratic theory found in the work of Jürgen Habermas.
Category: Political Science

Empirically Informed Ethics Morality Between Facts And Norms

Author : Markus Christen
ISBN : 9783319013695
Genre : Philosophy
File Size : 46.4 MB
Format : PDF
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This volume provides an overview of the most recent developments in empirical investigations of morality and assesses their impact and importance for ethical thinking. It involves contributions of scholars both from philosophy, theology and empirical sciences with firm standings in their own disciplines, but an inclination to step across borders—in particular the one between the world of facts and the world of norms. Human morality is complex, and probably even messy—and this clean distinction becomes blurred whenever one looks more closely at the various components that enable and influence our moral actions and ethical orientations. In that way, morality may indeed be located between facts and norms—and an empirically informed ethics that is less concerned with analytical purity but immerses into this moral complexity may be an important step to make the contributions of ethics to this world more valuable and relevant. ​
Category: Philosophy

Unjust Legality

Author : James L. Marsh
ISBN : 0742512614
Genre : Law
File Size : 47.20 MB
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This book is an interpretation and critique of Habermas's philosophy as contained in his book, Between Facts and Norms. The main argument is that while Habermas does succeed in laying out foundations, conceptual and methodological, for the philosophy of law, the book is flawed by a fundamental contradiction between a democracy ruled by law and capitalism. Visit our website for sample chapters!
Category: Law

The State S Existence Between Facts And Norms

Author : Daniel Gaus
ISBN : OCLC:1088491772
Genre :
File Size : 57.31 MB
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The state's mode of existence is still a problem to political science analysis. How can we decide if a political order (for example the EU) is a state or not? This paper discusses the ontological quality of the state and what follows from that to its analysis. It is suggested to view the state in terms of an everyday theory operating in historical societies. As a consequence, three perspectives are logically related in the analysis of the state: a normative, a sociological and a genealogical perspective. The paper illustrates how a full account of the state is dependent on a systematic cooperation between the disciplines of political theory, sociology and the history of ideas.

Habermas Modernity And Law

Author : Mathieu Deflem
ISBN : 0761951377
Genre : Philosophy
File Size : 30.82 MB
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The work of J[um]urgen Habermas has long been regarded as central to the development of social and political theory and philosophy in the late twentieth century. With the publication of his latest book Between Facts and Norms, Habermas signalled the importance of exploring modern legal theory to our understanding of democratic society. The contributors to Habermas, Modernity and Law provide a clear introduction to this key development in Habermas's work. With chapters ranging from the possibility of valid law to discourse ethics and human rights, they successfully integrate a broad range of Habermas's writings with his recent thoughts on the place of the law in contemporary theory. Habermas himself contributes
Category: Philosophy

Globalization And Popular Sovereignty

Author : Adam Lupel
ISBN : 9781135969301
Genre : Political Science
File Size : 78.91 MB
Format : PDF
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This volume analyzes the impact of globalization on the concept of popular sovereignty and rethinks it for the transnational domain. It explores how popular sovereignty has historically determined the form of democratic citizenship and how democratic citizenship and legitimacy can be conceived in the transnational sphere in the absence of a global sovereign order. By inquiring into the new global context of popular sovereignty, the book seeks to better understand the emerging structures of global governance and their potential for democratic legitimacy. Lupel argues: That the challenges of globalization necessitate a rethinking of the concept of popular sovereignty beyond the domain of the nation-state That such a rethinking reveals a tension between the particularism of democratic legitimacy and the universalism of cosmopolitan politics Critical attention to the constitutive processes of global governance must become an integral part of democratic theory in the context of globalization; and a transnational model of popular sovereignty provides the best resources for this purpose. This book will be of interest to students and scholars of globalization, democratic theory and international relations theory.
Category: Political Science