Unjust Legality

A Critique of Habermas's Philosophy of Law

Unjust Legality cover

Unjust Legality

A Critique of Habermas's Philosophy of Law

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Description

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."

Table of Contents

Chapter 1 Preface
Chapter 2 Toward a Critique of Habermas's Philosophy of Law
Chapter 3 The Tension between Facticity and Validity
Chapter 4 On Mediating Private and Public Autonomy: The Genesis of Rights
Chapter 5 The Genesis of the State
Chapter 6 Law and Jurisprudence
Chapter 7 Deliberative Politics and Administrative Social Power
Chapter 8 The Public Sphere, Civil Society, and the Rule of Capital
Chapter 9 The Different Paradigms of Law and the Difference They Make
Chapter 10 The Achievement and Limits of Habermas's Philosophy of Law

Product details

Published Oct 16 2001
Format Paperback
Edition 1st
Extent 224
ISBN 9780742512610
Imprint Rowman & Littlefield Publishers
Dimensions 222 x 141 mm
Series New Critical Theory
Publisher Bloomsbury Publishing

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