Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy (Studies in Contemporary German Social Thought)
Author | : | |
Rating | : | 4.69 (846 Votes) |
Asin | : | 0262082438 |
Format Type | : | paperback |
Number of Pages | : | 675 Pages |
Publish Date | : | 2014-12-24 |
Language | : | English |
DESCRIPTION:
His writings here represent a lifetime of political thought on the nature of democracy and law, and deserve an audience and a place in the foundations of democratic theory. He draws connections between how such a process could shape the making of laws and direct the course of nations. . Jurgen Habermas, an esteemed political philosopher who lived in Germany during the Nazi reign, has produced a thought-provoking work on what he calls "deliberative politics." To summarize his view, true democracy isn't just the compilation of opinions or a blanket treatment of majority rules, but a social process in which people meet, discuss, modify and, ultimately, agree
Democracy: well-known, little understood Christina Andrews Some commentators of Habermas' work have argued that he changed his position from "The Theory of Communicative Action" (see review in here at Amazon.com) to "Between Facts and Norms" (BF&N). In the preface of the English edition of BF&N the author himself replies to this issue: Habermas hopes that the book will clear the impression that "the theory of communicative action is blind to institutional reality -or that it could even have anarchist consequences (p. xi)". Thus, the purpose of BF&N is to apply discourse theory. Interesting correlation between law, government and rights Habermas presents interesting theories about reforming the basis of traditional structure of government, law and human rights. However, Habermas' writing style is really difficult to read.. D. Thomas said The Latest Major Work by Habermas. Habermas's central concern is implied by this book's title. We can't really see a law as a law unless it's backed up with enforcement. That's law as a "fact." But we also want law to reflect values that we can rationalize and validate. That's law as a "norm." This difficult study is worth the effort for anyone who wonders about law's nature and about how ideas like "justice" claim our attention. Habermas wants to define an idea of law that lies "between" law as a fact (what law is and says) and law as a value or norm (
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. 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 more. The introduction by William Rehg succinctly captures 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