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Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy » (1st Edition)

Book cover image of Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy by Jurgen Habermas

Authors: Jurgen Habermas, William Rehg (Translator), William Rehg
ISBN-13: 9780262581622, ISBN-10: 0262581620
Format: Paperback
Publisher: MIT Press
Date Published: January 1998
Edition: 1st Edition

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Author Biography: Jurgen Habermas

Jürgen Habermas is Professor Emeritus of Philosophy at the University of Frankfurt and Professor of Philosophy at Northwestern University. He was recently awarded the 2004 Kyoto Prize for Arts and Philosophy by the Inamori Foundation. The Kyoto Prize is an international award to honor those who have contributed significantly to the scientific, cultural, and spiritual betterment of mankind.

Book Synopsis

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. 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. The work concludes 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.

Booknews

Building on his 1981 volume Theory of Communicative Action, Habermas contributes to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, proposing a new paradigm of law. First published in 1992 by Suhrkamp Verlag, Frankfurt Am Main, Germany, this English language edition includes a postscript written in 1994 and two appendices covering key developments that preceded the book. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Table of Contents

Translator's Introduction
Preface
1Law as a Category of Social Mediation between Facts and Norms1
2The Sociology of Law versus the Philosophy of Justice42
3A Reconstructive Approach to Law I: The System of Rights82
4A Reconstructive Approach to Law II: The Principles of the Constitutional State132
5The Indeterminacy of Law and the Rationality of Adjudication194
6Judiciary and Legislature: On the Role and Legitimacy of Constitutional Adjudication238
7Deliberative Politics: A Procedural Concept of Democracy287
8Civil Society and the Political Public Sphere329
9Paradigms of Law388
Postscript (1994)447
Appendix I. Popular Sovereignty as Procedure (1988)463
Appendix II. Citizenship and National Identity (1990)491
Notes517
Bibliography571
Index595

Subjects