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Author: Michel Rosenfeld Publisher: Univ of California Press ISBN: 0520917618 Category : Philosophy Languages : en Pages : 488
Book Description
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.
Author: Michel Rosenfeld Publisher: Univ of California Press ISBN: 0520917618 Category : Philosophy Languages : en Pages : 488
Book Description
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.
Author: Hugh Baxter Publisher: Stanford University Press ISBN: 0804777810 Category : Law Languages : en Pages : 352
Book Description
Though many legal theorists are familiar with Jürgen Habermas's work addressing core legal concerns, they are not necessarily familiar with his earlier writings in philosophy and social theory. Because Habermas's later work on law invokes, without significant explanation, the whole battery of concepts developed in earlier phases of his career, even otherwise sympathetically inclined legal theorists face significant obstacles in evaluating his insights. A similar difficulty faces those outside the legal academy who are familiar with Habermas's earlier work. While they readily comprehend Habermas's basic social-theoretical concepts, without special legal training they have difficulty reliably assessing his recent engagement with contemporary legal thought. This new work bridges the gap between legal experts and those without special legal training, critically assessing the attempt of an unquestionably preeminent philosopher and social theorist to engage the world of law.
Author: Jürgen Habermas Publisher: John Wiley & Sons ISBN: 0745694268 Category : Philosophy Languages : en Pages : 636
Book Description
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.
Author: Jürgen Habermas Publisher: John Wiley & Sons ISBN: 0745692435 Category : Philosophy Languages : en Pages : 363
Book Description
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.
Author: Cristina Lafont Publisher: Oxford University Press, USA ISBN: 0198848188 Category : Philosophy Languages : en Pages : 279
Book Description
This book articulates a participatory conception of deliberative democracy that takes the democratic ideal of self-government seriously. It aims to improve citizens' democratic control and vindicate the value of citizens' participation against conceptions that threaten to undermine it. The book critically analyzes deep pluralist, epistocratic, and lottocratic conceptions of democracy. Their defenders propose various institutional ''shortcuts'' to help solve problems of democratic governance such as overcoming disagreements, citizens' political ignorance, or poor-quality deliberation. However, all these shortcut proposals require citizens to blindly defer to actors over whose decisions they cannot exercise control. Implementing such proposals would therefore undermine democracy. Moreover, it seems naive to assume that a community can reach better outcomes 'faster' if it bypasses the beliefs and attitudes of its citizens. Unfortunately, there are no 'shortcuts' to make a community better than its members. The only road to better outcomes is the long, participatory road that is taken when citizens forge a collective will by changing one another's hearts and minds. However difficult the process of justifying political decisions to one another may be, skipping it cannot get us any closer to the democratic ideal. Starting from this conviction, the book defends a conception of democracy ''without shortcuts''. This conception sheds new light on long-standing debates about the proper scope of public reason, the role of religion in politics, and the democratic legitimacy of judicial review. It also proposes new ways to unleash the democratic potential of institutional innovations such as deliberative minipublics.
Author: Barbara Fultner Publisher: Routledge ISBN: 1317492021 Category : Philosophy Languages : en Pages : 256
Book Description
A rare systematic thinker, Habermas has furthered our understanding of modernity, social interaction and linguistic practice, societal institutions, rationality, morality, the law, globalization, and the role of religion in multicultural societies. He has helped shape discussions of truth, objectivity, normativity, and the relationship between the human and the natural sciences. This volume provides an accessible and comprehensive conceptual map of Habermas' theoretical framework and its key concepts, including the theory of communicative action, discourse ethics, his social-political philosophy and their applications to contemporary issues. It will be an invaluable resource for both novice readers of Habermas and those interested in a more refined understanding of particular aspects of his work.
Author: John P. McCormick Publisher: Cambridge University Press ISBN: 1139463578 Category : Political Science Languages : en Pages : 295
Book Description
This book critically engages Jürgen Habermas's comprehensive vision of constitutional democracy in the European Union. John P. McCormick draws on the writings of Max Weber (and Habermas's own critique of them) to confront the difficulty of theorizing progressive politics during moments of radical state transformation. Both theorists employ normative and empirical categories, drawn from earlier historical epochs, to analyze contemporary structural transformations: Weber evaluated the emergence of the Sozialstaat with antedated categories derived from nineteenth-century and premodern historical examples; while Habermas understands the EU almost exclusively in terms of the liberal (Rechtsstaat) and welfare state (Sozialstaat) paradigms. Largely forsaking the focus on structural transformation that characterized his early work, Habermas conceptualizes the EU as a territorially expanded nation-state. McCormick demonstrates the deficiencies of such an approach and outlines a more appropriate normative-empirical model, the supranational Sektoralstaat, for evaluating prospects for constitutional and social democracy in the EU.
Author: Fan Yang Publisher: ISBN: 9789811901331 Category : Languages : en Pages : 0
Book Description
This book revisits the discourse theories of Habermas and Foucault in a Chinese context. After arguing that Habermas's Discourse Theory of Law and Democracy is too normative and idealistic, it presents Foucault's Discourse Theory of Power Relations to illustrate the tensions between different Western discourse theories. The book then draws on the normative concept of Confucian Rationality from traditional Chinese cultural sources in order to investigate how adaptable these two discourse theories are to the Chinese society, and to balance the tension between them. Presenting these three dimensions of discourse theory, as well as the relations between them, it also uses empirical descriptions of certain facts of political-legal discussion both in traditional China and in the country's new media age to explain, supplement and question this theoretic framework. The book asserts that, because of the diverse modes of thinking in specific cultures, there might be different normative paradigms of discorse and different political-legal discussion modes across corresponding cultural contexts. Normative discourse theories provide guidance for the practices of deliberative democracy and legal discussions, which can in turn verify, supplement, improve and challenge the normative discourse theories. In addition to demonstrating the multiple dimensions of discourse theories, this research also promotes an approach to the Discourse Theory of Law and Democracy that combines elements of both Chinese and modern society. .
Author: James Gordon Finlayson Publisher: Columbia University Press ISBN: 0231549016 Category : Political Science Languages : en Pages : 415
Book Description
Jürgen Habermas and John Rawls are perhaps the two most renowned and influential figures in social and political philosophy of the second half of the twentieth century. In the 1990s, they had a famous exchange in the Journal of Philosophy. Quarreling over the merits of each other’s accounts of the shape and meaning of democracy and legitimacy in a contemporary society, they also revealed how great thinkers working in different traditions read—and misread—one another’s work. In this book, James Gordon Finlayson examines the Habermas-Rawls debate in context and considers its wider implications. He traces their dispute from its inception in their earliest works to the 1995 exchange and its aftermath, as well as its legacy in contemporary debates. Finlayson discusses Rawls’s Political Liberalism and Habermas’s Between Facts and Norms, considering them as the essential background to the dispute and using them to lay out their different conceptions of justice, politics, democratic legitimacy, individual rights, and the normative authority of law. He gives a detailed analysis and assessment of their contributions, assessing the strengths and weaknesses of their different approaches to political theory, conceptions of democracy, and accounts of religion and public reason, and he reflects on the ongoing significance of the debate. The Habermas-Rawls Debate is an authoritative account of the crucial intersection of two major political theorists and an explication of why their dispute continues to matter.
Author: Michel Rosenfeld
Author: Michel Rosenfeld
Author: Hugh Baxter
Author: Jürgen Habermas
Author: Jürgen Habermas
Author: Cristina Lafont
Author: Barbara Fultner
Author: John P. McCormick
Author: Fan Yang
Author: James Gordon Finlayson
Author: Luke Goode