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Habermas on Law and Democracy:

Critical Exchanges
Couverture
Michael Rosenfeld, Andrew Arato
0 Avis
University of California Press, 1998 - 466 pages
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 Jrgen 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. 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 Jrgen 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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Table des matières

Paradigms of
13
Interpreting the Radical Democratic Paradigm
26
Discourse Theory? Reflections on Habermass Proceduralist Paradigm of
82
Remarks on Jiirgen Habermass Legal Theory
157
Law and Order
190
Habermas and the Counterfactual Imagination
207
Jiirgen Habermass Theory of Legal Discourse
226
Communicative Freedom Communicative Power and Jurisgenesis
234
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
Bernhard SMink
371
Reply to Symposium Participants Benjamin N Cardozo School of
381
LIST OF CONTRIBUTORS
457

Morality Discourse
257

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Références issues de pages Web

JSTOR: Habermas on Law and Democracy: Critical Exchanges
Habermas on Law and Democracy: Critical Exchanges. Berkeley: University of California Press, 1998. Pp. 478. $55.00 (cloth). The essays contained in Habermas ...
links.jstor.org/ sici?sici=0014-1704(200004)110%3A3%3C602%3AHOLADC%3E2.0.CO%3B2-Z

A Marx for the Managerial Revolution: Habermas on Law and Democracy
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www.blackwell-synergy.com/ doi/ pdf/ 10.1111/ 1467-6478.00194

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www.iue.it/ LAW/ ResearchTeaching/ Seminars20052006-I/ LawInContextRevisited.shtml

R_0032_3217_001
Habermas on Law and Democracy: critical exchanges edited by Michel Rosenfeld and Andrew Arato University of California Press, Berkeley CA, 1998. ...
www.politicalreviewnet.com/ polrev/ reviews/ POST/ R_0032_3217_001_16786.asp

Democracy, Law and Comparative Politics
DEMOCRACY, LAW, AND COMPARATAIVE POLITICS. Guillermo O’Donnell. Working paper #274 – April 2000. Guillermo O’Donnell is Helen Kellogg Professor of ...
kellogg.nd.edu/ publications/ workingpapers/ WPS/ 274.pdf

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Habermas on Law and Democracy: Critical Exchanges (Philosophy, Social Theory, and the Rule of Law) by Michel Rosenfeld (Editor), Andrew Arato (Editor) ...
sociologyindex.com/ books_on_sociology_of_law.htm

Morality, Law and Deliberative Democracy - An Enquiry Concerning
Morality, Law and Deliberative Democracy - An Enquiry Concerning. Jürgen Habermas’ and Karl-Otto Apel’s Discursive Programs of. Justification. ...
www.habermasforum.dk/ Master.pdf

E Law: Perceptions of Procedural Justice and Legitimacy in Local ...
[46] Rosenfeld, M, "Habermas on Law and Democracy: Critical Exchanges: Habermas's Proceduralist Paradigm of Law: Can Rights, Democracy, and Justice be ...
www.murdoch.edu.au/ elaw/ issues/ v9n2/ howieson92_notes.html

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pl Annual Reviews in Political Science Annu. Rev. Polit. Sci. polisci 1094-2939 1094-2939 Annual Reviews 4139 El Camino Way, po Box 10139, Palo Alto, ...
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A SOCIAL AND POLITICAL PHILOSOPHY BIBLIOGRAPHY. This selective bibliography is mainly of English-language material, although some items in French and German ...
www.sussex.ac.uk/ Users/ sefd0/ bib/ polphil.htm

À propos de l'auteur (1998)

Michel Rosenfeldis Professor of Law at the Benjamin N. Cardozo School of Law and author of Affirmative Action and Justice (1991) and Just Interpretations: Law between Ethics and Politics (California, 1998). Andrew Arato is Professor of Sociology in the Graduate Faculty of the New School for Social Research and most recently co-author of Civil Society (1994).

Informations bibliographiques