JÃ¼rgen Habermas is widely regarded as one of the outstanding intellectuals of our time. This collection focuses on the theory of law which can be distilled from his vast compendium of work. At the same time the collection places this theory in the context of Habermas' overall contribution to the theory of society, political theory and social philosophy. Volume I on 'The Discourse Theory of Law and Democracy' identifies the theoretical foundations. Volume II focuses on the critical debate of Habermas' discourse theory of law and democracy, on the challenges posed by the postnational constellation (Europeanization and processes of globalization) and on particular strands within his work, such as genetic technology and religion. Each volume is prefaced by a comprehensive introduction by the editors.
Table of Contents
Contents: Volume I: Introduction; Part I Foundations: Habermas's Reconstructive Approach: Theoretical Premises: Enlightenment and the idea of public reason, Thomas McCarthy; Facts, norms, and normative facts: a reply to Habermas, Robert Brandom; Universality and Truth, and Response to JÃ¼rgen Habermas, Richard Rorty. Part II The Discourse Theory: Discourse and Argumentation: Grasping the force of the better argument: McMahon versus discourse ethics, William Rehg. Moral and Legal Discourse: The communicative paradigm in moral theory, Alessandro Ferrara; Legitimacy without morality. Habermas and Maus on the relationship between law and morality, Peter Niesen. Discourse and Value Pluralism: Plurality of the good? The problem of affirmative tolerance in a multicultural society from an ethical point of view, Karl-Otto Apel; Values and norms, Hilary Putnam; Comment on JÃ¼rgen Habermas', From Kant to Hegel and Back Again, Charles Taylor. Part III Habermas's Theory of Democracy: Historical Context and the Legacy of German Legal-Political Thought: Habermas' reconstruction of West German post-war law and the Sozialstaat controversy, John P. McCormick; On the origins of constitutional patriotism, Jan-Werner MÃ¼ller. Public Sphere: Models of public space: Hannah Arendt, the liberal tradition and JÃ¼rgen Habermas, Seyla Benhabib. Civil Society and Civil Disobedience: Activist challenges to deliberative democracy, Iris Marion Young. Deliberative Democracy: The rule of reasons. Three models of deliberative democracy, Rainer Forst; Reflections on Habermas on democracy, Joshua Cohen. Part IV The Legal System: The System of Rights: Democracy, human rights, and the problem of a worldwide civil society, Albrecht Wellmer; Individual freedom and social equality: Habermas's democratic revolution in the social contractarian justification of law, David Ingram. The Procedural Paradigm: Basic rights and democracy in JÃ¼rgen Habermas's procedural paradigm of law, Robert Alexy; Procedural justi