Unjust legality : a critique of Habermas's philosophy of law
Author(s)
Bibliographic Information
Unjust legality : a critique of Habermas's philosophy of law
Rowman, c2001
- : pbk
- : cloth
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Note
Bibliography: p. [195]-197
Includes index
Description and Table of Contents
- Volume
-
: cloth ISBN 9780742512603
Description
This book is an interpretation and critique of Habermas's philosophy of law in his Between Facts and Norms. The main point is that, while Habermas is insightful in laying out a new conceptual and methodological foundation for the philosophy of law, the book is flawed by a fundamental contradiction: that between the notion of a democracy ruled by law and capitalism. Because capitalism is essentially undemocratic both in its internal economic workings and its intended, structural effect on culture and politics, it must adversely affect the most important institutions in western democratic society, the legislature, judiciary, state administration, and public sphere. As a result, instead of a nation effectively "of, by, and for the people," there exists one that is essentially "of, by, and for capital."
Table of Contents
Chapter 1 Preface Chapter 2 Toward a Critique of Habermas's Philosophy of Law Chapter 3 The Tension between Facticity and Validity Chapter 4 On Mediating Private and Public Autonomy: The Genesis of Rights Chapter 5 The Genesis of the State Chapter 6 Law and Jurisprudence Chapter 7 Deliberative Politics and Administrative Social Power Chapter 8 The Public Sphere, Civil Society, and the Rule of Capital Chapter 9 The Different Paradigms of Law and the Difference They Make Chapter 10 The Achievement and Limits of Habermas's Philosophy of Law
- Volume
-
: pbk ISBN 9780742512610
Description
This book is an interpretation and critique of Habermas's philosophy of law in his Between Facts and Norms. The main point is that, while Habermas is insightful in laying out a new conceptual and methodological foundation for the philosophy of law, the book is flawed by a fundamental contradiction: that between the notion of a democracy ruled by law and capitalism. Because capitalism is essentially undemocratic both in its internal economic workings and its intended, structural effect on culture and politics, it must adversely affect the most important institutions in western democratic society, the legislature, judiciary, state administration, and public sphere. As a result, instead of a nation effectively 'of, by, and for the people,' there exists one that is essentially 'of, by, and for capital.'
Table of Contents
Chapter 1 Preface Chapter 2 Toward a Critique of Habermas's Philosophy of Law Chapter 3 The Tension between Facticity and Validity Chapter 4 On Mediating Private and Public Autonomy: The Genesis of Rights Chapter 5 The Genesis of the State Chapter 6 Law and Jurisprudence Chapter 7 Deliberative Politics and Administrative Social Power Chapter 8 The Public Sphere, Civil Society, and the Rule of Capital Chapter 9 The Different Paradigms of Law and the Difference They Make Chapter 10 The Achievement and Limits of Habermas's Philosophy of Law
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