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Author: Jürgen Habermas
Publisher: John Wiley & Sons
ISBN: 0745694268
Category : Philosophy
Languages : en
Pages : 636
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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: Jürgen Habermas
Publisher: John Wiley & Sons
ISBN: 0745694268
Category : Philosophy
Languages : en
Pages : 636
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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
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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: Jürgen Habermas
Publisher: John Wiley & Sons
ISBN: 0745694357
Category : Philosophy
Languages : en
Pages : 352
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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.
Author: Jürgen Habermas
Publisher: John Wiley & Sons
ISBN: 0745692435
Category : Philosophy
Languages : en
Pages : 363
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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: Jürgen Habermas
Publisher: John Wiley & Sons
ISBN: 0745694136
Category : Philosophy
Languages : en
Pages : 236
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Book Description
In this wide-ranging work, now available in paperback, Habermas presents his views on the nature of the social sciences and their distinctive methodology and concerns. He examines, among other things, the traditional division between the natural sciences and the social sciences; the characteristics of social action and the implications of theories of language for social enquiry; and the nature, tasks and limitations of hermeneutics. Habermas' analysis of these and other themes is, as always, rigorous, perceptive and constructive. This brilliant study succeeds in highlighting the distinctive characteristics of the social sciences and in outlining the nature of, and prospects for, critical theory today.
Author: Sanne Taekema
Publisher: Edward Elgar Publishing
ISBN: 1785361090
Category : Law
Languages : en
Pages : 320
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Book Description
Facts and Norms in Law: Interdisciplinary Reflections on Legal Method presents an innovative collection of essays on the relationship between descriptive and normative elements in legal inquiry and legal practice. What role does empirical data play in law? New insights in philosophy, the social sciences and the humanities have forced the relationship between facts and norms on to the agenda, especially for legal scholars doing interdisciplinary work. This timely volume carefully combines critical perspectives from a range of different disciplinary traditions and theoretical positions.
Author: Nicoletta Bersier Ladavac
Publisher: Springer
ISBN: 3030189295
Category : Law
Languages : en
Pages : 180
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Book Description
This book explores the interrelation of facts and norms. How does law originate in the first place? What lies at the roots of this phenomenon? How is it preserved? And how does it come to an end? Questions like these led Georg Jellinek to speak of the “normative force of the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to be”, the emergence of the normative, the efficacy and the defeasibility of (legal) norms, and the distinct character of what legal theorists refer to as “normativity”. It leads us back to early legal history, it connects anthropology and legal theory, and it demonstrates the interdependence of law and the social sciences. In short: it invites us to fundamentally reassess the interrelation of facts and norms from various perspectives. The contributing authors to this volume have accepted that invitation.
Author: Jürgen Habermas
Publisher: John Wiley & Sons
ISBN: 074569411X
Category : Philosophy
Languages : en
Pages : 136
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Book Description
Recent developments in biotechnology and genetic research are raising complex ethical questions concerning the legitimate scope and limits of genetic intervention. As we begin to contemplate the possibility of intervening in the human genome to prevent diseases, we cannot help but feel that the human species might soon be able to take its biological evolution in its own hands. ‘Playing God’ is the metaphor commonly used for this self-transformation of the species, which, it seems, might soon be within our grasp. In this important new book, Jürgen Habermas – the most influential philosopher and social thinker in Germany today – takes up the question of genetic engineering and its ethical implications and subjects it to careful philosophical scrutiny. His analysis is guided by the view that genetic manipulation is bound up with the identity and self-understanding of the species. We cannot rule out the possibility that knowledge of one’s own hereditary factors may prove to be restrictive for the choice of an individual’s way of life and may undermine the symmetrical relations between free and equal human beings. In the concluding chapter – which was delivered as a lecture on receiving the Peace Prize of the German Book Trade for 2001 – Habermas broadens the discussion to examine the tension between science and religion in the modern world, a tension which exploded, with such tragic violence, on September 11th.
Author: Barbara Fultner
Publisher: Routledge
ISBN: 1317492021
Category : Philosophy
Languages : en
Pages : 256
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Book Description
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.
Author: James Gordon Finlayson
Publisher: Columbia University Press
ISBN: 0231549016
Category : Political Science
Languages : en
Pages : 415
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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.
