Between Facts and Norms
Contributions to a Discourse Theory of Law and Democracy
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.
Preface.
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).
Appendices.
Notes.
Bibliography.
Index.
Preface.
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).
Appendices.
Notes.
Bibliography.
Index.
'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
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
Jürgen Habermas is a German philosopher and sociologist in the tradition of critical theory and pragmatism. He is perhaps best known for his theories on communicative rationality and the public sphere. In 2014, Prospect readers chose Habermas as one of their favourites among the "world's leading thinkers".