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doc Í Beiträge zur Diskurstheorie des Rechts und des demokratischen Rechtsstaats ☆ Jürgen Habermas

The special nature of the work noting that 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 reuired for democracy Finally the work frames and caps these arguments with a bold proposal for a new paradigm of law that goes beyond the dichotomies that have I mean I understood about every other page if I was lucky But seriously apart from writing on things that I believed he could have said in much common sense terms he does make a couple of valid points on discourse theory and law mostly his discussions in regards to the relationship between law and morality

reader Faktizität und Geltung

Faktizität und Geltung Beiträge zur Diskurstheorie des Rechts und des demokratischen RechtsstaatsAfflicted modern political theory from its inception and that still underlie current controversies between so called liberals and civic republicans The book includes a postscript written in 1994 which restates the argument in light of its initial reception and two appendixes which cover key developments that preceded the book Habermas himself was actively involved in the translation adapting the text as necessary to make it accessible to English speaking readers This book is a very interesting attempt and I think largely successful attempt to bring together the liberalrights strain of democratic thought and the republicanpopular sovereignty strain I see a lot of Habermas's thinking in contemporary democratic political theory although this debt often goes unacknowledged This book is also dizzyingly complex if you think you know Habermas from only his essays you have no idea what you're in for Of the arguments I understood I found them uite innovative; but I suspect this will reuire several re reads before I am fully comfortable with it Further review to follow upon re reads A classic for good reason

Jürgen Habermas ☆ Faktizität und Geltung. Beiträge zur Diskurstheorie des Rechts und des demokratischen Rechtsstaats doc

read doc ã Faktizität und Geltung ✓ Beiträge zur Diskurstheorie des Rechts und des demokratischen Rechtsstaats å randarenewables  In Between Facts and Norms J�rgen Habermas works out the legal and political implications oIn Between Facts and Norms Jrgen 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 but it is much The introduction by William Rehg succinctly captures Habermas takes the insights of his Theory of Communicative Action and applies them to a study of jurisprudence The book loops its argumentation through a wide variety of discourses and can be repetitive I found this repetition useful as a contemplative device The aim is to argue for a legal system that is underpinned by a set of inclusive democratic validations Law and law making that is a dynamic and continually re evaluated enactment of the peoples will As usual with Habermas his refusal to entertain arguments that are imaginative or emotive eglead to class antagonism are both a strength and weakness