Habermas On Law And Democracy

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Habermas on Law and Democracy

Michel Rosenfeld,Andrew Arato
Habermas on Law and Democracy Book PDF

Author : Michel Rosenfeld,Andrew Arato
Publisher : Univ of California Press
Page : 488 pages
File Size : 40,9 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

Hugh Baxter
Habermas Book PDF

Author : Hugh Baxter
Publisher : Stanford University Press
Page : 352 pages
File Size : 46,9 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

Jürgen Habermas
Between Facts and Norms Book PDF

Author : Jürgen Habermas
Publisher : John Wiley & Sons
Page : 363 pages
File Size : 50,9 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

Hugh Baxter
Habermas and Law Book PDF

Author : Hugh Baxter
Publisher : Routledge
Page : 576 pages
File Size : 42,5 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.

Democracy Without Shortcuts

Cristina Lafont
Democracy Without Shortcuts Book PDF

Author : Cristina Lafont
Publisher : Oxford University Press, USA
Page : 279 pages
File Size : 54,5 Mb
Release : 2020-01-12
Category : Philosophy
ISBN : 9780198848189

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Democracy Without Shortcuts by Cristina Lafont Pdf

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.

Emancipation, Democracy and the Modern Critique of Law

Mikael Spång
Emancipation Democracy and the Modern Critique of Law Book PDF

Author : Mikael Spång
Publisher : Springer
Page : 131 pages
File Size : 48,5 Mb
Release : 2017-08-08
Category : Political Science
ISBN : 9783319628905

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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.

Between Facts and Norms

Jurgen Habermas,Jürgen Habermas
Between Facts and Norms Book PDF

Author : Jurgen Habermas,Jürgen Habermas
Publisher : Mit Press
Page : 631 pages
File Size : 44,7 Mb
Release : 1998
Category : Law
ISBN : 0262581620

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Between Facts and Norms by Jurgen Habermas,Jürgen Habermas Pdf

In Between Facts and Norms, Jürgen Habermas works out the legal and political implications of his Theory of Communicative Action (1981), bringing to fruition the project announced with his publication of The Structural Transformation of the Public Sphere in 1962. This new work is a major contribution to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, noting that it offers a sweeping, sociologically informed conceptualization of law and basic rights, a normative account of the rule of law and the constitutional state, an attempt to bridge normative and empirical approaches to democracy, and an account of the social context required for democracy. Finally, the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have afflicted modern political theory from its inception and that still underlie current controversies between so-called liberals and civic republicans. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers.

Habermas, Foucault and the Political-Legal Discussions in China

Fan Yang
Habermas Foucault and the Political Legal Discussions in China Book PDF

Author : Fan Yang
Publisher : Unknown
Page : 0 pages
File Size : 50,7 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. .

Discourse and Democracy

Rene von Schomberg,Kenneth Baynes
Discourse and Democracy Book PDF

Author : Rene von Schomberg,Kenneth Baynes
Publisher : State University of New York Press
Page : 282 pages
File Size : 54,7 Mb
Release : 2002-10-10
Category : Political Science
ISBN : 9780791487921

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Discourse and Democracy by Rene von Schomberg,Kenneth Baynes Pdf

Discourse and Democracy offers a variety of perspectives by an international group of scholars on Jürgen Habermas's Between Facts and Norms. The collection presents not just a summary of Habermas's own views, but locates him with respect to modern and contemporary moral, political, and legal theory. The result is a volume useful to those first approaching Habermas's thought as well as those already familiar with its general outlines.

Jurgen Habermas

Barbara Fultner
Jurgen Habermas Book PDF

Author : Barbara Fultner
Publisher : Routledge
Page : 279 pages
File Size : 44,7 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.

Habermas, Modernity and Law

Mathieu Deflem
Habermas Modernity and Law Book PDF

Author : Mathieu Deflem
Publisher : SAGE Publications Limited
Page : 192 pages
File Size : 52,8 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.

The Sociology of Law and the Global Transformation of Democracy

Chris Thornhill
The Sociology of Law and the Global Transformation of Democracy Book PDF

Author : Chris Thornhill
Publisher : Cambridge University Press
Page : 599 pages
File Size : 52,5 Mb
Release : 2018-06-21
Category : Law
ISBN : 9781107199903

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The Sociology of Law and the Global Transformation of Democracy by Chris Thornhill Pdf

Provides a new legal-sociological theory of democracy, reflecting the impact of global law on national political institutions. This title is also available as Open Access.

Deliberative Democracy

James Bohman,William Rehg
Deliberative Democracy Book PDF

Author : James Bohman,William Rehg
Publisher : MIT Press
Page : 484 pages
File Size : 46,7 Mb
Release : 1997
Category : Philosophy
ISBN : 0262522411

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Deliberative Democracy by James Bohman,William Rehg Pdf

The contributions in this anthology address tensions that arise between reason and politics in a democracy inspired by the ideal of achieving reasoned agreement among free and equal citizens.

The Habermas-Rawls Debate

James Gordon Finlayson
The Habermas Rawls Debate Book PDF

Author : James Gordon Finlayson
Publisher : Columbia University Press
Page : 415 pages
File Size : 44,6 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

Hauke Brunkhorst,Regina Kreide,Cristina Lafont
The Habermas Handbook Book PDF

Author : Hauke Brunkhorst,Regina Kreide,Cristina Lafont
Publisher : Columbia University Press
Page : 789 pages
File Size : 44,6 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.