Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy

Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy

by Jurgen Habermas
     
 

ISBN-10: 0262082438

ISBN-13: 9780262082433

Pub. Date: 05/10/1996

Publisher: MIT Press

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…  See more details below

Overview

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.

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Product Details

ISBN-13:
9780262082433
Publisher:
MIT Press
Publication date:
05/10/1996
Series:
Studies in Contemporary German Social Thought Series
Pages:
675
Product dimensions:
6.24(w) x 9.26(h) x 1.68(d)

Table of Contents

Translator's Introduction
Preface
1Law as a Category of Social Mediation between Facts and Norms1
2The Sociology of Law versus the Philosophy of Justice42
3A Reconstructive Approach to Law I: The System of Rights82
4A Reconstructive Approach to Law II: The Principles of the Constitutional State132
5The Indeterminacy of Law and the Rationality of Adjudication194
6Judiciary and Legislature: On the Role and Legitimacy of Constitutional Adjudication238
7Deliberative Politics: A Procedural Concept of Democracy287
8Civil Society and the Political Public Sphere329
9Paradigms of Law388
Postscript (1994)447
Appendix I. Popular Sovereignty as Procedure (1988)463
Appendix II. Citizenship and National Identity (1990)491
Notes517
Bibliography571
Index595

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