Habermas And Law
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Habermas On Law And Democracy
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Author : Michel Rosenfeld
language : en
Publisher: Univ of California Press
Release Date : 2023-12-22
Habermas On Law And Democracy written by Michel Rosenfeld and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-22 with Philosophy categories.
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 Law
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Author : Hugh Baxter
language : en
Publisher: Routledge
Release Date : 2020-09-10
Habermas And Law written by Hugh Baxter and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-10 with Law categories.
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.
Between Facts And Norms
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Author : Jürgen Habermas
language : en
Publisher: John Wiley & Sons
Release Date : 2018-03-12
Between Facts And Norms written by Jürgen Habermas and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-03-12 with Philosophy categories.
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 Modernity And Law
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Author : Mathieu Deflem
language : en
Publisher: SAGE
Release Date : 1996-08-22
Habermas Modernity And Law written by Mathieu Deflem and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-08-22 with Philosophy categories.
The work of J[um]urgen Habermas has long been regarded as central to the development of social and political theory and philosophy in the late twentieth century. With the publication of his latest book Between Facts and Norms, Habermas signalled the importance of exploring modern legal theory to our understanding of democratic society. The contributors to Habermas, Modernity and Law provide a clear introduction to this key development in Habermas's work. With chapters ranging from the possibility of valid law to discourse ethics and human rights, they successfully integrate a broad range of Habermas's writings with his recent thoughts on the place of the law in contemporary theory. Habermas himself contributes
Habermas
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Author : Hugh Baxter
language : en
Publisher: Stanford University Press
Release Date : 2011-05-17
Habermas written by Hugh Baxter and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-17 with Law categories.
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
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Author : Mikael Spång
language : en
Publisher: Springer
Release Date : 2017-08-08
Emancipation Democracy And The Modern Critique Of Law written by Mikael Spång and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08-08 with Political Science categories.
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.
Unjust Legality
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Author : James L. Marsh
language : en
Publisher: Rowman & Littlefield
Release Date : 2001
Unjust Legality written by James L. Marsh and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
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!
Between Facts And Norms
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Author : Jurgen Habermas
language : en
Publisher: Mit Press
Release Date : 1998
Between Facts And Norms written by Jurgen Habermas and has been published by Mit Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.
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.
Jurisprudence Of J Rgen Habermas
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Author : Chin L. Orjiako
language : en
Publisher:
Release Date : 2009-11
Jurisprudence Of J Rgen Habermas written by Chin L. Orjiako and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-11 with Law categories.
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.
Reconciling Law And Morality In Human Rights Discourse
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Author : Willy Moka-Mubelo
language : en
Publisher: Springer
Release Date : 2016-12-13
Reconciling Law And Morality In Human Rights Discourse written by Willy Moka-Mubelo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-13 with Philosophy categories.
In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.