 Between
Facts and Norms : Contributions to a Discourse Theory of Law and
Democracy by Jurgen
Habermas, William Rehg (Translator)
Jurgen Habermas, an esteemed political philosopher who
lived in Germany during the Nazi reign, has produced a thought-provoking
work on what he calls "deliberative politics." To summarize
his view, true democracy isn't just the compilation of opinions or a
blanket treatment of majority rules, but a social process in which
people meet, discuss, modify and, ultimately, agree. He draws
connections between how such a process could shape the making of laws
and direct the course of nations. His writings here represent a lifetime
of political thought on the nature of democracy and law, and deserve an
audience and a place in the foundations of democratic theory.
"[A] fascinating synthesis of Continental and
Anglo-American legal theory. . . full of interesting insights, acute
criticisms, and striking passages." -- Richard A. Posner, The
New Republic
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.
About the Author
Jürgen Habermas is Professor of Philosophy at the University of
Frankfurt.
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