Habermas on Law and Democracy: Critical ExchangesMichel Rosenfeld, Andrew Arato University of California Press, 1998 - 466 halaman 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. |
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Paradigms of | 13 |
Interpreting the Radical Democratic Paradigm | 26 |
Remarks on Jürgen Habermass Legal Theory | 157 |
Law and Order | 190 |
Habermas and the Counterfactual Imagination | 207 |
Jürgen Habermass Theory of Legal Discourse | 226 |
Communicative Freedom Communicative Power and Jurisgenesis | 234 |
Morality Discourse | 257 |
A Critique of Habermass | 272 |
The Retrieval of the Democratic Ethos | 287 |
Family Quarrel | 309 |
Communicative Power and the Concept of | 323 |
Constitutional Adjudication in Light of Discourse Theory | 336 |
Reply to Symposium Participants Benjamin N Cardozo School of | 381 |
LIST OF CONTRIBUTORS | 453 |
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abstract acceptance actors actual administrative application argument autonomy basic citizens communicative action communicative freedom communicative power concept concrete conflict consensus constitutional adjudication Constitutional Court context counterfactual critical theory cultural decision democracy democratic DISCOURSE ETHICS discourse theory discussion distinction ethical Facts and Norms Faktizität und Geltung feminist Habermas's idea ideal identity individual institutional interpretation intersubjective JÜRGEN HABERMAS jurisprudence legal discourse legal norms legal system legislation legitimacy legitimate liberal lifeworld McCarthy means modern moral motives negative liberty Niklas Luhmann paradigm of law participants perspective philosophical pluralism political position possible practice pragmatic problem procedural justice proceduralist paradigm public sphere question rational reasons regulation Rehg relevant republican requires Robert Alexy role rules Sajó self-understanding sense separation of powers social society specific speech act substantive norms supra note theory of law Thomas McCarthy tion tional tive tradition trans tribunal undecidability validity claim values welfare will-formation