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Habermas on Law and Democracy

Author: Michel Rosenfeld

Publisher: Univ of California Press

Published: 2023-12-22

Total Pages: 488

ISBN-13: 0520917618

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.

Between Facts and Norms

Author: Jürgen Habermas

Publisher: John Wiley & Sons

Published: 2015-10-08

Total Pages: 637

ISBN-13: 0745694268

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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.

Between Facts and Norms

Author: Jürgen Habermas

Publisher: John Wiley & Sons

Published: 2018-03-12

Total Pages: 363

ISBN-13: 0745692435

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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.

Habermas, Modernity and Law

Author: Mathieu Deflem

Publisher: SAGE Publications Limited

Published: 1996-08-22

Total Pages: 192

ISBN-13:

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The work of Jurgen Habermas has long been regarded as central to the development of social and political theory and philosophy in the late 20th century. The thinker has signalled the importance of exploring modern legal theory to our understanding of democratic society. work. With chapters ranging from the possibility of valid law to discourse ethics and human rights, the author successfully integrate a broad range of Habermas' writings with his most recent thoughts on the place of the law in contemporary theory. The author himself contributes a postscript to the book, providing an overview of the current thinking.

Jurgen Habermas

Author: Barbara Fultner

Publisher: Routledge

Published: 2014-12-05

Total Pages: 279

ISBN-13: 1317492021

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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.

The Habermas-Rawls Debate

Author: James Gordon Finlayson

Publisher: Columbia University Press

Published: 2019-05-14

Total Pages: 415

ISBN-13: 0231549016

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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.

Habermas: A Very Short Introduction

Author: James Gordon Finlayson

Publisher: Oxford University Press

Published: 2005-05-26

Total Pages: 185

ISBN-13: 0192840959

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This book provides a clear and readable overview of the works of today's most influential German philosopher. It analyses the theoretical underpinnings of Habermas's social theory, and its applications in ethics, politics, and law. Finally, it examines how his social and political theory informs his writing on contemporary, political, and social problems.

Dilemmas of Law in the Welfare State

Author: Gunther Teubner

Publisher: Walter de Gruyter GmbH & Co KG

Published: 2020-10-26

Total Pages: 352

ISBN-13: 3112329880

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No detailed description available for "Dilemmas of Law in the Welfare State".

Habermas and Pragmatism

Author: Mitchell Aboulafia

Publisher: Psychology Press

Published: 2002

Total Pages: 260

ISBN-13: 9780415234597

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Investigates the influences of pragmatism on Habermas' thought. The essays cover subjects including philosophy of language, democracy, nature of rationality and social theory.

Habermas, Foucault and the Political-Legal Discussions in China

Author: Fan Yang

Publisher:

Published: 2022

Total Pages: 0

ISBN-13: 9789811901331

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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. .