Habermas And Law

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Habermas on Law and Democracy

Author : Michel Rosenfeld,Andrew Arato
Publisher : Univ of California Press
Page : 488 pages
File Size : 54,8 Mb
Release : 2023-12-22
Category : Philosophy
ISBN : 9780520917613

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Habermas on Law and Democracy by Michel Rosenfeld,Andrew Arato Pdf

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.

Habermas

Author : Hugh Baxter
Publisher : Stanford University Press
Page : 352 pages
File Size : 54,7 Mb
Release : 2011-05-17
Category : Law
ISBN : 9780804777810

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Habermas by Hugh Baxter Pdf

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.

Between Facts and Norms

Author : Jürgen Habermas
Publisher : John Wiley & Sons
Page : 636 pages
File Size : 55,9 Mb
Release : 2015-10-08
Category : Philosophy
ISBN : 9780745694269

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Between Facts and Norms by Jürgen Habermas Pdf

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
Page : 192 pages
File Size : 46,6 Mb
Release : 1996-08-22
Category : Philosophy
ISBN : STANFORD:36105060534117

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Habermas, Modernity and Law by Mathieu Deflem Pdf

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.

Between Facts and Norms

Author : Jürgen Habermas
Publisher : John Wiley & Sons
Page : 363 pages
File Size : 45,9 Mb
Release : 2018-03-12
Category : Philosophy
ISBN : 9780745692432

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Between Facts and Norms by Jürgen Habermas Pdf

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 and Law

Author : Hugh Baxter
Publisher : Routledge
Page : 576 pages
File Size : 54,9 Mb
Release : 2020-09-10
Category : Law
ISBN : 9781000151954

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Habermas and Law by Hugh Baxter Pdf

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.

Jurgen Habermas

Author : Barbara Fultner
Publisher : Routledge
Page : 279 pages
File Size : 50,8 Mb
Release : 2014-12-05
Category : Philosophy
ISBN : 9781317492023

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Jurgen Habermas by Barbara Fultner Pdf

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.

Dilemmas of Law in the Welfare State

Author : Gunther Teubner
Publisher : Walter de Gruyter GmbH & Co KG
Page : 352 pages
File Size : 47,9 Mb
Release : 2020-10-26
Category : Law
ISBN : 9783112329887

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Dilemmas of Law in the Welfare State by Gunther Teubner Pdf

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

Habermas and Pragmatism

Author : Mitchell Aboulafia,Myra Orbach Bookman,Cathy Kemp
Publisher : Psychology Press
Page : 260 pages
File Size : 54,5 Mb
Release : 2002
Category : Philosophy
ISBN : 041523459X

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Habermas and Pragmatism by Mitchell Aboulafia,Myra Orbach Bookman,Cathy Kemp Pdf

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 : Unknown
Page : 0 pages
File Size : 52,8 Mb
Release : 2022
Category : Electronic
ISBN : 9811901333

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Habermas, Foucault and the Political-Legal Discussions in China by Fan Yang Pdf

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. .

The Cambridge Habermas Lexicon

Author : Amy Allen,Eduardo Mendieta
Publisher : Cambridge University Press
Page : 851 pages
File Size : 53,7 Mb
Release : 2021-07-15
Category : Philosophy
ISBN : 1316623203

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The Cambridge Habermas Lexicon by Amy Allen,Eduardo Mendieta Pdf

Over a career spanning nearly seven decades, Jürgen Habermas - one of the most important European philosophers of the twentieth and twenty-first centuries - has produced a prodigious and influential body of work. In this Lexicon, authored by an international team of scholars, over 200 entries define and explain the key concepts, categories, philosophemes, themes, debates, and names associated with the entire constellation of Habermas's thought. The entries explore the historical, philosophical and social-theoretic roots of these terms and concepts, as well as their intellectual and disciplinary contexts, to build a broad but detailed picture of the development and trajectory of Habermas as a thinker. The volume will be an invaluable resource for students and scholars of Habermas, as well as for other readers in political philosophy, political science, sociology, international relations, cultural studies, and law.

The Habermas-Rawls Debate

Author : James Gordon Finlayson
Publisher : Columbia University Press
Page : 415 pages
File Size : 47,9 Mb
Release : 2019-05-14
Category : Political Science
ISBN : 9780231549011

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The Habermas-Rawls Debate by James Gordon Finlayson Pdf

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.

The Habermas Handbook

Author : Hauke Brunkhorst,Regina Kreide,Cristina Lafont
Publisher : Columbia University Press
Page : 789 pages
File Size : 52,6 Mb
Release : 2017-10-24
Category : Philosophy
ISBN : 9780231535885

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The Habermas Handbook by Hauke Brunkhorst,Regina Kreide,Cristina Lafont Pdf

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.

The Concept of Law from a Transnational Perspective

Author : Detlef von Daniels
Publisher : Routledge
Page : 236 pages
File Size : 55,8 Mb
Release : 2016-03-23
Category : Law
ISBN : 9781317037545

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The Concept of Law from a Transnational Perspective by Detlef von Daniels Pdf

This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jürgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.

Unjust Legality

Author : James L. Marsh
Publisher : Rowman & Littlefield
Page : 228 pages
File Size : 53,6 Mb
Release : 2001
Category : Law
ISBN : 0742512614

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Unjust Legality by James L. Marsh Pdf

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!