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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.
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: A Very Short Introduction by James Gordon Finlayson Pdf
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.
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.
Emancipation, Democracy and the Modern Critique of Law by Mikael Spång Pdf
This book focuses on Jürgen Habermas’ theorising on law, rights and democracy in light of the modern critique of law. The latter tradition, which goes back to Hegel and Marx, has addressed the limitations of rights as vocabulary of emancipation and law as language of autonomy. Since Habermas claims that his reconstruction of private and public autonomy has an emancipatory aim, the author has chosen to discuss it in the context of the modern critique of law. More specifically, the study addresses the need to consider the dialectic of law, in which law is both a condition for emancipation and domination, when discussing what law and rights permit. It will appeal to students and scholars across the fields of political theory, law and legal criticism, as well as sociology and sociology of law.
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 and Giddens on Praxis and Modernity by Craig Browne Pdf
In Habermas and Giddens on Praxis and Modernity Craig Browne investigates how two of the most important and influential contemporary social theorists have sought to develop the modernist visions of the constitution of society through the autonomous actions of subjects. Comparing Habermas’s and Giddens’s conceptions of the constitution of society, interpretations of the social-structural impediments to subjects’ autonomy and attempts to delineate potentials for progressive social change within contemporary society, Browne draws on his own work, which has extended aspects of the social theorists’ approach to modernity. Despite the criticisms developed over the course of the book, Habermas and Giddens are found to be two of the most important theorists of democratization and social democracy, the dynamics of capitalist modernity and their paradoxes, social practices and reflexivity, and the foundations of social theory in the problem of the relationship of social action and social structure.
Categorical Principles of Law by Otfried Höffe Pdf
In Germany, Otfried H&öffe has been a leading contributor to debates in moral, legal, political, and social philosophy for close to three decades. H&öffe's work (like that of his contemporary, J&ürgen Habermas), brings into relief the relevance of these German discussions to their counterparts in English-language circles. In this book, originally published in Germany in 1990 and expanded since, H&öffe proposes an extended and original interpretation of Kant&‚ philosophy of law, and social morality. H&öffe articulates his reading of Kant in the context of an account of modernity as a &"polyphonous project,&" in which the dominant themes of pluralism and empiricism are countered by the theme of categorically binding moral principles, such as human rights. Paying equal attention to the nuances of Kant's texts and the character of the philosophical issues in their own right, H&öffe ends up with a Kantianism that requires, rather than precludes, a moral anthropology and that questions the fashionable juxtaposition of Kant and Aristotle as exemplars of incompatible approaches to ethical and political thought.
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.
This discussion asserts that legal theory is being transformed by postmodern and critical social theory. The author argues for a familiarity with postmodern legal and social theory, as postmodernism could potentially fundamentally alter the legal meaning of agency, rationality, and intention.
How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.
Habermas and Giddens on Praxis and Modernity by Craig Browne Pdf
In Habermas and Giddens on Praxis and Modernity Craig Browne investigates how two of the most important and influential contemporary social theorists have sought to develop the modernist visions of the constitution of society through the autonomous actions of subjects. Comparing Habermas’s and Giddens’s conceptions of the constitution of society, interpretations of the social-structural impediments to subjects’ autonomy and attempts to delineate potentials for progressive social change within contemporary society, Browne draws on his own work, which has extended aspects of the social theorists’ approach to modernity. Despite the criticisms developed over the course of the book, Habermas and Giddens are found to be two of the most important theorists of democratization and social democracy, the dynamics of capitalist modernity and their paradoxes, social practices and reflexivity, and the foundations of social theory in the problem of the relationship of social action and social structure.
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!
Law, Modernity, Postmodernity by Brendan Edgeworth Pdf
This title was first published in 2003. This book examines the interrelationship between the unravelling of the post-war welfare state and legal change. By reference to theorists of postmodernity such as Zygmunt Bauman, Scott Lash and John Urry, and David Harvey, the principal argument is that contemporary law and legal institutions can be best understood as having changed in ways that mirror the recent transformation of the interventionist welfare state and its Fordist, Keynesian economic infrastructure. The key changes identified in the legal field include:- the shift toward marketized regulatory structures as reflected in privatization and deregulation, the attenuation of welfare rights, the privatization of justice, legal polycentricity, the reconfiguration of the welfare state’s social citizenship and the globalization of law. Empirical evidence from a number of jurisdictions is adduced to indicate the general direction of change.
Jurisprudence of Jürgen Habermas by Chin L. Orjiako Pdf
Philosophy is the science of all sciences (Scientia Omnia). It sees and knows the life and behaviour of every science, because it knows their origins and principles. In this book, philosophy lets law stand revealed, so that both legal professionals and lay men can see and understand modern law and its relationship with democracy; the meaning of law, how law comes into being, the principles that guides its operations, how law acquires its powers of binding and biting and how it can loose these powers. It enables even the lay man to see his rights and roles in the making of laws, especially in the democratic states. It reminds legal professional to keep updating their knowledge and practice of law in the light of philosophical thoughts. The book is a demonstration of law born from democracy; law built on rights, rights of which are Human Rights. It fills out thought with trial of man in the laws of his rights, the legitimating force and power of agreement (contract); the unbending roles, rules and forces of logic and reason in law. The book also untangles the paradoxical relationship between rights and popular sovereignty; it identifies one of the naturally free but often most expensive human phenomena, "the autonomy". As Jacques Rousseau tells us, "Man is born free, but everywhere finds himself in chains". Most of these chains are inhibitions and limitations to autonomy either personal or collective. Yet autonomy remains as a fundamental law on its own right, the self-determination which emerges from the universal law of freedom (Freiheit). An insight on aims and objectives of some selected legal traditions reveals to us why a given legal dispute can result to different decision-makings at the hands of different lawyers and judges. The book also opens a forum for dialogue for leaders of thoughts, cultures, religions, policies and politics.
