Author: Jürgen Habermas Publisher: John Wiley & Sons ISBN: 0745692435 Category : Philosophy Languages : en Pages : 678
Book Description
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.
Author: Michel Rosenfeld Publisher: Univ of California Press ISBN: 0520917618 Category : Philosophy Languages : en Pages : 488
Book Description
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.
Author: Jurgen Habermas Publisher: Mit Press ISBN: 9780262581622 Category : Law Languages : en Pages : 631
Book Description
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.
Author: James Bohman Publisher: MIT Press ISBN: 9780262522410 Category : Philosophy Languages : en Pages : 484
Book Description
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.
Author: Steven E. Aschheim Publisher: NYU Press ISBN: 0814706428 Category : History Languages : en Pages : 221
Book Description
Steven Aschheim here engages the multiple aspects of German and German-Jewish cultural history which touch upon the intricate interplay between culture and catastrophe, providing insights into the relationship between German culture and the origins, dispositions, and aftermath of National Socialism.
Author: James Gordon Finlayson Publisher: Columbia University Press ISBN: 0231549016 Category : Political Science Languages : en Pages : 415
Book Description
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.
Author: Cristina Lafont Publisher: Oxford University Press, USA ISBN: 0198848188 Category : Philosophy Languages : en Pages : 279
Book Description
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.
Author: Steven Kautz Publisher: Cornell University Press ISBN: 9780801484810 Category : Communities Languages : en Pages : 252
Book Description
Contemporary political theory has experienced a recent revival of an old idea: that of community. In Liberalism and Community, Steven Kautz explores the consequences of this renewed interest for liberal politics. Whereas communitarian critics argue that liberalism is both morally and politically deficient because it does not adequately account for equality and virtue, Kautz defends liberalism by presenting reports of various partisan quarrels among liberals (who love liberty), democrats (who love equality), and republicans (who love virtue). Founded on the classic texts of Locke and Montesquieu, the liberalism that Kautz advocates is cautious and conservative. He defends it against the arguments of important new communitarians--Richard Rorty, Michael Walzer, Benjamin Barber, and Michael Sandel--and contrasts communitarian and liberal views on key questions. He discusses Walzer' s account of moral reasoning in a democratic community, engages Barber on the nature and limits of republican community, and takes on Rorty's communitarian account of moral psychology and the nature of the self. Kautz also explores the concepts of virtue, tolerance, and patriotism--issues of particular interest to communitarians which pose special problems for liberal political theory--in an effort to rebuild a new and more tenable interpretation of liberal rationality.
Author: Jürgen Habermas Publisher: John Wiley & Sons ISBN: 0745694357 Category : Philosophy Languages : en Pages : 298
Book Description
The Inclusion of the Other contains Habermas's most recent work in political theory and political philosophy. Here Habermas picks up some of the central themes of Between Facts and Norms and elaborates them in relation to current political debates. One of the distinctive features of Habermas's work has been its approach to the problem of political legitimacy through a sustained reflection on the dual legitimating and regulating function of modern legal systems. Extending his discourse theory of normative validity to the legal-political domain, Habermas has defended a proceduralist conception of deliberative democracy in which the burden of legitimating state power is borne by informal and legally institutionalized processes of political deliberation. Its guiding intuition is the radical democratic idea that there is an internal relation between the rule of law and popular sovereignty. In these essays he brings this discursive and proceduralist analysis of political legitimacy to bear on such urgent contemporary issues as the enduring legacy of the welfare state, the future of the nation state, and the prospects of a global politics of human rights. This book will be essential reading for students and academics in sociology and social theory, politics and political theory, philosophy and the social sciences generally.
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Author: Jürgen Habermas
Author: Michel Rosenfeld
Author: Jurgen Habermas
Author: 
Author: James Bohman
Author: Steven E. Aschheim
Author: James Gordon Finlayson
Author: Cristina Lafont
Author: Steven Kautz
Author: Jürgen Habermas