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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: 636

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.

Democracy Without Shortcuts

Author: Cristina Lafont

Publisher: Oxford University Press, USA

Published: 2020-01-12

Total Pages: 279

ISBN-13: 0198848188

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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.

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. .

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.

Jurgen Habermas

Author: Luke Goode

Publisher: Pluto Press (UK)

Published: 2005-10-20

Total Pages: 180

ISBN-13:

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Latest introduction in the Modern European Thinkers series, ideal for undergraduates.

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 and Law

Author: Hugh Baxter

Publisher: Routledge

Published: 2020-09-10

Total Pages: 576

ISBN-13: 1000151956

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Habermas and Law makes accessible the most important essays in English that deal with the application to law of the work of major philosophers for whom law was not a main concern. It encompasses not only what these philosophers had to say about law but also brings together essays which consider those aspects of the work of major philosophers which bear on our interpretation and assessment of current law and legal theory. The essays are based on scholarly study of particular philosophers and deal with both the nature and role of law and the application of philosophy to specific areas of law.

The Habermas Handbook

Author: Hauke Brunkhorst

Publisher: Columbia University Press

Published: 2017-10-24

Total Pages: 789

ISBN-13: 0231535880

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Jürgen Habermas is one of the most influential philosophers of our time. His diagnoses of contemporary society and concepts such as the public sphere, communicative rationality, and cosmopolitanism have influenced virtually all academic disciplines, spurred political debates, and shaped intellectual life in Germany and beyond for more than fifty years. In The Habermas Handbook, leading Habermas scholars elucidate his thought, providing essential insight into his key concepts, the breadth of his work, and his influence across politics, law, the social sciences, and public life. This volume offers a comprehensive overview and an in-depth analysis of Habermas’s work in its entirety. After examining his intellectual biography, it goes on to illuminate the social and intellectual context of Habermasian thought, such as the Frankfurt School, speech-act theory, and contending theories of democracy. The Handbook provides an extensive account of Habermas’s texts, ranging from his dissertation on Schelling to his most recent writing about Europe. It illustrates the development of his thought and its frequently controversial reception while elaborating the central ideas of his work. The book also provides a glossary of key terms and concepts, making the complexity of Habermas’s thought accessible to a broad readership.