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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: 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: 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: Mathieu Deflem
Publisher: SAGE Publications Limited
ISBN:
Category : Philosophy
Languages : en
Pages : 192
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Book Description
The work of Jurgen Habermas has long been regarded as central to the development of social and political theory and philosophy in the late 20th century. The thinker has signalled the importance of exploring modern legal theory to our understanding of democratic society. work. With chapters ranging from the possibility of valid law to discourse ethics and human rights, the author successfully integrate a broad range of Habermas' writings with his most recent thoughts on the place of the law in contemporary theory. The author himself contributes a postscript to the book, providing an overview of the current thinking.
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: Barbara Fultner
Publisher: Routledge
ISBN: 1317492021
Category : Philosophy
Languages : en
Pages : 279
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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: Willy Moka-Mubelo
Publisher: Springer
ISBN: 3319494961
Category : Philosophy
Languages : en
Pages : 205
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Book Description
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.
Author: Gunther Teubner
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3112329880
Category : Law
Languages : en
Pages : 352
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Book Description
No detailed description available for "Dilemmas of Law in the Welfare State".
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.
Author: Mitchell Aboulafia
Publisher: Psychology Press
ISBN: 9780415234597
Category : Philosophy
Languages : en
Pages : 260
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Book Description
Investigates the influences of pragmatism on Habermas' thought. The essays cover subjects including philosophy of language, democracy, nature of rationality and social theory.
Author: James Gordon Finlayson
Publisher: Oxford University Press
ISBN: 0192840959
Category : Language Arts & Disciplines
Languages : en
Pages : 185
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Book Description
This book provides a clear and readable overview of the works of today's most influential German philosopher. It analyses the theoretical underpinnings of Habermas's social theory, and its applications in ethics, politics, and law. Finally, it examines how his social and political theory informs his writing on contemporary, political, and social problems.
