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Michel Rosenfeld - Habermas on law and democracy: critical exchanges

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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 J?rgen Habermas and a wide range of his critics relate to the philosophers 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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title Habermas On Law and Democracy Critical Exchanges Philosophy - photo 1

title:Habermas On Law and Democracy : Critical Exchanges Philosophy, Social Theory, and the Rule of Law ; 6
author:Rosenfeld, Michel; Arato, Andrew.
publisher:University of California Press
isbn10 | asin:0520204662
print isbn13:9780520204669
ebook isbn13:9780585077819
language:English
subjectLaw--Philosophy, Sociological jurisprudence, Democracy, Habermas, Jrgen.
publication date:1998
lcc:K355.H333 1998eb
ddc:340/.112
subject:Law--Philosophy, Sociological jurisprudence, Democracy, Habermas, Jrgen.

Habermas on Law and Democracy

Philosophy, Social Theory, and The Rule of Law
General Editors
Andrew Arato, Seyla Benhabib, Ferenc Fehr, William Forbath, Agnes Heller, Arthur Jacobson, and Michel Rosenfeld
1. William Rehg, Insight and Solidarity: A Study in the Discourse Ethics of Jrgen Habermas
2. Alan Brudner, The Unity of the Common Law: Studies in Hegelian Jurisprudence
3. Peter Goodrich, Oedipus Lex: Psychoanalysis, History, Law
4. Michel Rosen Feld, Just Interpretations: Law between Ethics and Politics
5. Jeanne L. Schroeder, The Vestal and the Fasces: Hegel, Lacan, Property, and the Feminine
6. Michel Rosenfeld and Andrew Arato, Editors, Habermas on Law and Democracy: Critical Exchanges
Habermas on Law and Democracy
Critical Exchanges
EDITED BY
Michel Rosenfeld and Andrew Arato
UNIVERSITY OF CALIFORNIA PRESS
Berkeley Los Angeles. London
University of California Press
Berkeley and Los Angeles, California
University of California Press
London, England
Copyright 1998 by The Regents of the University of California
Library of Congress Cataloging-in-Publication Data
Habermas on law and democracy: critical exchanges / edited by Michel
Rosenfeld and Andrew Arato.
p. cm. (Philosophy, social theory, and the rule of law;
6)
Includes bibliographical references and index.
ISBN 0-520-20466-2 (alk. paper)
1. LawPhilosophy. 2. Sociological jurisprudence. 3. Democracy.
4. Habermas, Jrgen. I. Rosenfeld, Michel, 1948-. II. Arato,
Andrew. III. Series.
K355 H333 1998Picture 2Picture 3Picture 497-26887
Picture 5Picture 6Picture 7Picture 8Picture 9CIP
Printed in the United States of America
1 2 3 4 5 6 7 8 9
The paper used in this publication meets the minimum requirements of American National Standard for In ormation SciencesPermanence of Paper for Printed Library Materials, ANSI z39.48-1984
For Susan, Maa, and Alexis
M. R.
For Jean
A. A.
CONTENTS
Acknowledgments
xi
Introduction: Habermas's Discourse Theory of Law and Democracy
The Editors
1
Part One Habermas's Proceduralist Paradigm of Law
1. Paradigms of Law
Jrgen Habermas
13
2. Procedural Law and Civil Society: Interpreting the Radical Democratic Paradigm
Andrew Arato
26
3. Law and Undecidability: Toward a New Vision of the Proceduralization of Law
Jacques Lenoble
37
4. Can Rights, Democracy, and Justice Be Reconciled through Discourse Theory? Reflections on Habermas's Proceduralist Paradigm of Law
Michel Rosenfeld
82
Part Two The Place of Legal Theory in Habermas's Thought
5. Legitimacy and Diversity: Dialectical Reflections on Analytic Distinctions
Thomas McCarthy
115
Page viii
Part Three Law's Proceduralization: The Communicative Model, Systems, and Order
6. Quod Omnes Tangit: Remarks on Jrgen Habermas's Legal Theory
Niklas Luhmann
157
7. De Collisione Discursuum: Communicative Rationalities in Law, Morality, and Politics
Gunther Teubner
173
8. Law and Order
Arthur J. Jacobson
190
Part Four Law's Reconstruction, Justification, and Application
9. Habermas and the Counterfactual Imagination
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