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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.
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.
How can we characterise law and legal theory in the twenty-first century? Law After Modernity argues that we live in an age 'after Modernity' and that legal theory must take account of this fact. The book presents a dynamic analysis of law, which focusses on the richness and pluralism of law, on its historical embeddedness, its cultural contingencies, as well as acknowledging contemporary law's global and transnational dimensions. However, Law After Modernity also warns that the complexity, fragmentation, pluralism and globalisation of contemporary law may all too easily perpetuate injustice. In this respect, the book departs from many postmodern and pluralist accounts of law. Indeed, it asserts that the quest for justice becomes a crucial issue for law in the era of legal pluralism, and it investigates how it may be achieved. The approach is fresh, contextual and interdisciplinary, and, unusually for a legal theory work, is illustrated throughout with works of art and visual representations, which serve to re-enforce the messages of the book.
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.
In Germany, Otfried H&öffe has been a leading contributor to debates in moral, legal, political, and social philosophy for close to three decades. H&öffe's work (like that of his contemporary, J&ürgen Habermas), brings into relief the relevance of these German discussions to their counterparts in English-language circles. In this book, originally published in Germany in 1990 and expanded since, H&öffe proposes an extended and original interpretation of Kant&‚ philosophy of law, and social morality. H&öffe articulates his reading of Kant in the context of an account of modernity as a &"polyphonous project,&" in which the dominant themes of pluralism and empiricism are countered by the theme of categorically binding moral principles, such as human rights. Paying equal attention to the nuances of Kant's texts and the character of the philosophical issues in their own right, H&öffe ends up with a Kantianism that requires, rather than precludes, a moral anthropology and that questions the fashionable juxtaposition of Kant and Aristotle as exemplars of incompatible approaches to ethical and political thought.
This collection of ten essays offers the first systematic assessment of JürgenHabermas's Philosophical Discourse of Modernity, a book that defended the rational potential of themodern age against the depiction of modernity as a spent epoch. The essays (of which four are newlycommissioned, five were published in the journal Praxis International, and one -- by Habermas --first appeared in translation in New Critique) are divided into two sections: Critical Rejoindersand Thematic Reformulations.An opening essay by d'Entrèves sets out the main issues and orients thedebate between Habermas and the postmodernists by identifying two different senses ofresponsibility: a responsibility to act versus a responsibility to otherness (an openness todifference, dissonance, and ambiguity). These are linked with two alternative understandings of theprimary function of language: action-orienting versus world-disclosing. This is a fruitful way oflooking at the issues that Habermas has raised in his attempt to resurrect and complete the projectof Enlightenment.Habermas's essay discusses the main themes of his book in the context of a criticalengagement with neoconservative cultural and political trends. The main body of essays offer aninteresting collection of points of view, for and against Habermas's position by philosophers,social scientists, intellectual historians, and literary critics.SECTIONS & CONTRIBUTORS :Introduction, Maurizio Passerin d'Entrèves. Modernity versus Postmodernity, Jürgen Habermas.Critical Rejoinders : Fred Dallmayr. Christopher Norris. David C. Hoy. James Schmidt. JoelWhitebook. Thematic Reformulations : James Bohman. Diana Coole. Jay M. Bernstein. DavidIngram.
The work of Jürgen Habermas (b. 1929) has been highly influential both in philosophy and across many disciplines in the social sciences. David Ingram here provides an accessible introduction to Habermas's complex thought as it has evolved from 1953 to the present, spanning philosophy, religion, political science, social science, and law. One of today's most intriguing thinkers, Habermas is also notably prolific; for students and other readers who wish to navigate the philosopher's more than thirty books, the lucid and precise Habermas: Introduction and Analysis is a welcome starting point rich in insights. Ingram's book addresses the entire range of Habermas's social theory, including his most recent and widely discussed contributions to religion, freedom and determinism, global democracy, and the consolidation of the European Union. Recognizing Habermas's position as a highly public intellectual, Ingram discusses how Habermas applies his own theory to pressing problems such as abortion, terrorism, genetic engineering, immigration, multiculturalism, separation of religion and state, technology and mass media, feminism, and human rights. He also presents a detailed critical analysis of Habermas's key claims and arguments. Separate appendixes introduce and clarify such important concepts as causal, teleological, and narrative paradigms of explanation in action theory; contextualism versus rationalism in social scientific methods of interpretation; systems theory and functionalist explanation in social science; and decision and collective choice theory.
Jürgen Habermas is one of the most influential philosophers of our time. His diagnoses of contemporary society and concepts such as the public sphere, communicative rationality, and cosmopolitanism have influenced virtually all academic disciplines, spurred political debates, and shaped intellectual life in Germany and beyond for more than fifty years. In The Habermas Handbook, leading Habermas scholars elucidate his thought, providing essential insight into his key concepts, the breadth of his work, and his influence across politics, law, the social sciences, and public life. This volume offers a comprehensive overview and an in-depth analysis of Habermas’s work in its entirety. After examining his intellectual biography, it goes on to illuminate the social and intellectual context of Habermasian thought, such as the Frankfurt School, speech-act theory, and contending theories of democracy. The Handbook provides an extensive account of Habermas’s texts, ranging from his dissertation on Schelling to his most recent writing about Europe. It illustrates the development of his thought and its frequently controversial reception while elaborating the central ideas of his work. The book also provides a glossary of key terms and concepts, making the complexity of Habermas’s thought accessible to a broad readership.
In this comprehensive analysis of J&ürgen Habermas's philosophy and social theory, Marie Fleming takes strong issue with Habermas over his understanding of rationality and the lifeworld, emancipation, history, and gender. Throughout the book she focuses attention on the various ways in which an idea of emancipation motivates and shapes his universalist theory and how it persists over several major changes in methodology. Her critique of Habermas begins from the view that universalism has to include a vision of gender equality, and she asks why Habermas, despite deeply held concerns about equality and inclusiveness, repeatedly and systematically relegates matters of gender to secondary status in his social and moral theory. She extends her critique to a range of issues in his theory of rationality and examines what she views as his very problematical claims about truthfulness, art, and bourgeois intimacy. The point of Fleming's critique of Habermas is not to dispute universalism, but to build on the key universalist principles of inclusiveness and equality. She is not persuaded by the view, shared by both sympathizers of Habermas and his postmodern critics, that to be for or against Habermas is to be for or against universalism. Her intention rather is to show that Habermas's theory of modernity is so structured that it cannot achieve its universalist aims. Contending that his theory is not universalist enough, she claims that universalism has to be reconceived as a radical, critical, and historical project.