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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 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.
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.
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.
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.
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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.
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.
The Rorty-Habermas debate has been written on widely, but a full treatment of its importance had to wait until now. We have some historical distance from this exchange, which extended over three decades, and which touches upon the central concerns of numerous fields of study and of social organization. From law, to politics, to philosophy and communication theory, and including the basics of action, these two towering figures compare their forms of pragmatism. Marcin Kilanowski sets the debate in its historical and multilayered context, comparing it with criticism and commentary from his own viewpoint and from that of other important thinkers who observed and participated in the famous exchange. This book not only provides background in the history of philosophy for a general reader but also will be useful to those who need an abbreviated narrative and compendium of relevant sources for their own thinking and research. Kilanowski shows the points of convergence between Rorty and Habermas, and also examines the meaning of the outcome of their long exchange. Does the result get us any closer to a viable idea of freedom? Of responsibility? The book suggests some answers to these and other related questions.
Fifty years ago, the two leading German philosophers and sociologists since the Second World War, Jürgen Habermas and Niklas Luhmann, embarked on a sweeping and contentious debate that would continue for decades. Their coauthored 1971 book Theory of Society or Social Technology laid out their opposing positions on meaning, communication, consensus, and dissent—and ultimately the foundations of modern social thought. Habermas and Luhmann would elaborate their disagreement in the years to come in a controversy whose aftershocks divided social theorists by presenting what appeared to be two fundamentally divergent views of the nature of society and what systems theory was capable of explaining. This is the first book in English about one of the most important conflicts in social theory today. Gorm Harste analyzes the Habermas-Luhmann debate from its inception through Habermas’s most recent works, exploring issues such as methodology, ideology, truth, history, and politics. He contextualizes their positions in terms of how each grappled with the legacy of Nazism and sought to provide grounding for an antitotalitarian politics. Harste follows the evolution of the debate, as the fundamental dispute over the normative and practical desirability of agreement and disagreement came to touch upon political questions including the rule of law, the separation of powers, human rights, individualization, and secularization. Ultimately, Harste emphasizes the convergence between Habermas and Luhmann—and the pressing need for social theorists to further unite these two formative accounts of contemporary society.
Investigates the influences of pragmatism on Habermas' thought. The essays cover subjects including philosophy of language, democracy, nature of rationality and social theory.