Unjust Legality

A Critique of Habermas's Philosophy of Law

Häftad, Engelska, 2001

719 kr

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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."

Produktinformation

Utgivningsdatum2001-10-16
Mått141 x 222 x 13 mm
Vikt277 g
FormatHäftad
SpråkEngelska
SerieNew Critical Theory
Antal sidor224
FörlagBloomsbury Publishing Plc
ISBN9780742512610

Tillhör följande kategorier

Chapter 1 PrefaceChapter 2 Toward a Critique of Habermas's Philosophy of LawChapter 3 The Tension between Facticity and ValidityChapter 4 On Mediating Private and Public Autonomy: The Genesis of RightsChapter 5 The Genesis of the StateChapter 6 Law and JurisprudenceChapter 7 Deliberative Politics and Administrative Social PowerChapter 8 The Public Sphere, Civil Society, and the Rule of CapitalChapter 9 The Different Paradigms of Law and the Difference They MakeChapter 10 The Achievement and Limits of Habermas's Philosophy of Law

Professor Marsh, a self-styled 'disillusioned Habermasian,' offers a careful, somber 'reality check' to the comparatively favorable vision of contemporary society that Habermas presents in his significant work, Between Facts and Norms. At the sametime, the ultimate, and in fact quite successful, aim of Marsh's analysis is the positive one of reworking Habermas' own best insights back in the direction of a genuinely critical theory of modern society....