Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy
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...
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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. 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. The work concludes 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. Booknews Building on his 1981 volume Theory of Communicative Action, Habermas contributes to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, proposing a new paradigm of law. First published in 1992 by Suhrkamp Verlag, Frankfurt Am Main, Germany, this English language edition includes a postscript written in 1994 and two appendices covering key developments that preceded the book. Annotation c. Book News, Inc., Portland, OR (booknews.com)
Translator's IntroductionPreface1Law as a Category of Social Mediation between Facts and Norms12The Sociology of Law versus the Philosophy of Justice423A Reconstructive Approach to Law I: The System of Rights824A Reconstructive Approach to Law II: The Principles of the Constitutional State1325The Indeterminacy of Law and the Rationality of Adjudication1946Judiciary and Legislature: On the Role and Legitimacy of Constitutional Adjudication2387Deliberative Politics: A Procedural Concept of Democracy2878Civil Society and the Political Public Sphere3299Paradigms of Law388Postscript (1994)447Appendix I. Popular Sovereignty as Procedure (1988)463Appendix II. Citizenship and National Identity (1990)491Notes517Bibliography571Index595
\ BooknewsBuilding on his 1981 volume Theory of Communicative Action, Habermas contributes to recent debates on the rule of law and the possibilities of democracy in postindustrial societies, proposing a new paradigm of law. First published in 1992 by Suhrkamp Verlag, Frankfurt Am Main, Germany, this English language edition includes a postscript written in 1994 and two appendices covering key developments that preceded the book. Annotation c. Book News, Inc., Portland, OR (booknews.com)\ \ \ \ \ From the Publisher'Rich, important ... proceeding through the magisterial scrutiny of theoretical approaches in law, sociology, philosophy and politics, it offers plenty for students of these disciplines to chew on.' Times Higher Education Supplement\ 'A significant development of his theory ... Rehg's translation of Between Facts and Norms is clear and precise and his Introduction helpful.' British Journal of Sociology\ 'In Between Facts and Norms, Habermas offers an inspiring and intellectually stimulating diagnosis of the predicament of modern law ... his contribution will undoubtedly have a lasting influence on this crucially important debate.' Democratization\ 'For at least a generation Jurgen Habermas's work has made a significant impact on a variety of important debates in philosophy and the social sciences. Between Facts and Norms ... brings together many of Habermas's earlier concerns and weaves them into a comprehensive and brilliant critical theory of actually existing democracy. From the perspective of the discipline of politics this is undoubtedly Habermas's most important work. Of course, Habermas's work is dense, challenging and incredibly broad in its range. It is also controversial, and this work will certainly not win over his most trenchant critics. None of this amounts to a valid excuse to ignore it. This book really is essential reading for anyone who is interested in exploring at depth the possibilities of realizing a genuinely democratic future.' Political Studies\ 'Such a scholarly intensity deserves to be read at first hand.' Sociology, Ian Roberts, Univerisity of Durham\ 'Eleven Years after his monumental Theory of Communicative Action (1981), Jürgen Habermas has again presented an opus magnum.' Otfried Höffe, Universität Tübingen, Mind\ Jürgen Habermas has been awarded the prestigious 'Friedenspreis des deutschen Buchhandels' prize for 2001\ \ \
