Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Between Facts And Norms PDF full book. Access full book title Between Facts And Norms.
| Author | : Jürgen Habermas |
| Publisher | : John Wiley & Sons |
| Total Pages | : 636 |
| Release | : 2015-10-08 |
| Genre | : Philosophy |
| ISBN | : 0745694268 |
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.
| Author | : Michel Rosenfeld |
| Publisher | : Univ of California Press |
| Total Pages | : 488 |
| Release | : 2023-12-22 |
| Genre | : Philosophy |
| ISBN | : 0520917618 |
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.
| Author | : Jürgen Habermas |
| Publisher | : John Wiley & Sons |
| Total Pages | : 352 |
| Release | : 2015-10-08 |
| Genre | : Philosophy |
| ISBN | : 0745694357 |
The Inclusion of the Other contains Habermas's most recent work in political theory and political philosophy. Here Habermas picks up some of the central themes of Between Facts and Norms and elaborates them in relation to current political debates. One of the distinctive features of Habermas's work has been its approach to the problem of political legitimacy through a sustained reflection on the dual legitimating and regulating function of modern legal systems. Extending his discourse theory of normative validity to the legal-political domain, Habermas has defended a proceduralist conception of deliberative democracy in which the burden of legitimating state power is borne by informal and legally institutionalized processes of political deliberation. Its guiding intuition is the radical democratic idea that there is an internal relation between the rule of law and popular sovereignty. In these essays he brings this discursive and proceduralist analysis of political legitimacy to bear on such urgent contemporary issues as the enduring legacy of the welfare state, the future of the nation state, and the prospects of a global politics of human rights. This book will be essential reading for students and academics in sociology and social theory, politics and political theory, philosophy and the social sciences generally.
| Author | : Jürgen Habermas |
| Publisher | : John Wiley & Sons |
| Total Pages | : 363 |
| Release | : 2018-03-12 |
| Genre | : Philosophy |
| ISBN | : 0745692435 |
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.
| Author | : Nicoletta Bersier Ladavac |
| Publisher | : Springer |
| Total Pages | : 180 |
| Release | : 2019-06-26 |
| Genre | : Law |
| ISBN | : 3030189295 |
This book explores the interrelation of facts and norms. How does law originate in the first place? What lies at the roots of this phenomenon? How is it preserved? And how does it come to an end? Questions like these led Georg Jellinek to speak of the “normative force of the factual” in the early 20th century, emphasizing the human tendency to infer rules from recurring events, and to perceive a certain practice not only as a fact but as a norm; a norm which not only allows us to distinguish regularity from irregularity, but at the same time, to treat deviances as transgressions. Today, Jellinek’s concept still provides astonishing insights on the dichotomy of “is” and “ought to be”, the emergence of the normative, the efficacy and the defeasibility of (legal) norms, and the distinct character of what legal theorists refer to as “normativity”. It leads us back to early legal history, it connects anthropology and legal theory, and it demonstrates the interdependence of law and the social sciences. In short: it invites us to fundamentally reassess the interrelation of facts and norms from various perspectives. The contributing authors to this volume have accepted that invitation.
| Author | : Rene von Schomberg |
| Publisher | : SUNY Press |
| Total Pages | : 282 |
| Release | : 2002-10-10 |
| Genre | : Political Science |
| ISBN | : 9780791454978 |
Examines issues in legal and democratic theory found in the work of Jürgen Habermas.
| Author | : Sanne Taekema |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 320 |
| Release | : 2016-07-27 |
| Genre | : Law |
| ISBN | : 1785361090 |
Facts and Norms in Law: Interdisciplinary Reflections on Legal Method presents an innovative collection of essays on the relationship between descriptive and normative elements in legal inquiry and legal practice. What role does empirical data play in law? New insights in philosophy, the social sciences and the humanities have forced the relationship between facts and norms on to the agenda, especially for legal scholars doing interdisciplinary work. This timely volume carefully combines critical perspectives from a range of different disciplinary traditions and theoretical positions.
| Author | : Peter Railton |
| Publisher | : Cambridge University Press |
| Total Pages | : 412 |
| Release | : 2003-03-17 |
| Genre | : Philosophy |
| ISBN | : 9780521426930 |
In our everyday lives we struggle with the notions of why we do what we do and the need to assign values to our actions. Somehow, it seems possible through experience and life to gain knowledge and understanding of such matters. Yet once we start delving deeper into the concepts that underwrite these domains of thought and actions, we face a philosophical disappointment. In contrast to the world of facts, values and morality seem insecure, uncomfortably situated, easily influenced by illusion or ideology. How can we apply this same objectivity and accuracy to the spheres of value and morality? In the essays included in this collection, Peter Railton shows how a fairly sober, naturalistically informed view of the world might nonetheless incorporate objective values and moral knowledge. This book will be of interest to professionals and students working in philosophy and ethics.
| Author | : Markus Christen |
| Publisher | : Springer |
| Total Pages | : 0 |
| Release | : 2016-08-23 |
| Genre | : Philosophy |
| ISBN | : 9783319348483 |
This volume provides an overview of the most recent developments in empirical investigations of morality and assesses their impact and importance for ethical thinking. It involves contributions of scholars both from philosophy, theology and empirical sciences with firm standings in their own disciplines, but an inclination to step across borders—in particular the one between the world of facts and the world of norms. Human morality is complex, and probably even messy—and this clean distinction becomes blurred whenever one looks more closely at the various components that enable and influence our moral actions and ethical orientations. In that way, morality may indeed be located between facts and norms—and an empirically informed ethics that is less concerned with analytical purity but immerses into this moral complexity may be an important step to make the contributions of ethics to this world more valuable and relevant.
| Author | : Jurgen Habermas |
| Publisher | : Mit Press |
| Total Pages | : 631 |
| Release | : 1998 |
| Genre | : Law |
| ISBN | : 9780262581622 |
In Between Facts and Norms, Jürgen 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 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 attempt to bridge normative and empirical approaches to democracy, and an account of the social context required 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 afflicted 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 more accessible to English-speaking readers.
