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

by Jnrgen Habermas

Overview

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.

Product Details

ISBN-13:	9780745694269
Publisher:	Polity Press
Publication date:	10/08/2015
Sold by:	JOHN WILEY & SONS
Format:	eBook
Pages:	636
File size:	769 KB

About the Author

Jürgen Habermas is a German philosopher and sociologist in the tradition of critical theory and pragmatism. He is perhaps best known for his theories on communicative rationality and the public sphere. In 2014, Prospect readers chose Habermas as one of their favourites among the "world's leading thinkers".

Table of Contents

Translator's Introduction.

Preface.

1. Law as a Category of Social Mediation between Facts and Norms.

2. The Sociology of Law versus the Philosophy of Justice.

3. A Reconstructive Approach to Law I: The System of Rights.

4. A Reconstructive Approach to Law II: The Principles of the Constitutional State. 5. The Indeterminacy of Law and the Rationality of Adjudication.

6. Judiciary and Legislature: On the Role and Legitimacy of Constitutional Adjudication.

7. Deliberative Politics: A Procedural Concept of Democracy.

8. Civil Society and the Political Public Sphere.

9. Paradigms of Law. Postscript (1994).

Appendices.

Notes.

Bibliography.

Index.

Editorial Reviews

'Rich, important ... proceeding through the magisterial scrutiny of theoretical approaches in law, sociology, philosophy and politics, it offers plenty for students of these disciplines to chew on.' Times Higher Education Supplement

'A significant development of his theory ... Rehg's translation of Between Facts and Norms is clear and precise and his Introduction helpful.' British Journal of Sociology

'In Between Facts and Norms, Habermas offers an inspiring and intellectually stimulating diagnosis of the predicament of modern law ... his contribution will undoubtedly have a lasting influence on this crucially important debate.' Democratization

'For at least a generation Jurgen Habermas's work has made a significant impact on a variety of important debates in philosophy and the social sciences. Between Facts and Norms ... brings together many of Habermas's earlier concerns and weaves them into a comprehensive and brilliant critical theory of actually existing democracy. From the perspective of the discipline of politics this is undoubtedly Habermas's most important work. Of course, Habermas's work is dense, challenging and incredibly broad in its range. It is also controversial, and this work will certainly not win over his most trenchant critics. None of this amounts to a valid excuse to ignore it. This book really is essential reading for anyone who is interested in exploring at depth the possibilities of realizing a genuinely democratic future.' Political Studies

'Such a scholarly intensity deserves to be read at first hand.' Sociology, Ian Roberts, Univerisity of Durham

'Eleven Years after his monumental Theory of Communicative Action (1981), Jürgen Habermas has again presented an opus magnum.' Otfried Höffe, Universität Tübingen, Mind

Jürgen Habermas has been awarded the prestigious 'Friedenspreis des deutschen Buchhandels' prize for 2001

From the Publisher

[A] fascinating synthesis of Continental and Anglo-American legal theory...full of interesting insights, acute criticisms, and striking passages.

—Richard A. Posner, The New Republic

Reviews