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Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy



Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy

Jürgen Habermas

ISBN: 978-0-745-69426-9 October 2015 Polity 636 Pages

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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.
Translator's Introduction.


1. Law as a Category of Social Mediation between Facts and Norms.

2. The Sociology of Law versus the Philosophy of Justice.

3. A Reconstructive Approach to Law I: The System of Rights.

4. A Reconstructive Approach to Law II: The Principles of the Constitutional State. 5. The Indeterminacy of Law and the Rationality of Adjudication.

6. Judiciary and Legislature: On the Role and Legitimacy of Constitutional Adjudication.

7. Deliberative Politics: A Procedural Concept of Democracy.

8. Civil Society and the Political Public Sphere.

9. Paradigms of Law. Postscript (1994).





'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

* This is Habermas's long-awaited work on law and democracy.
* It develops a distinctive account of the nature of law and an original concept of democracy.
* As one of Habermas's most important works, it will be recognized as a major contribution to current debates in social theory, political theory, and philosophy.