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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.
Book Description
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.
Customer Reviews:
The Latest Major Work by Habermas.......2006-12-13
His central concern is implied by the title. We can't really see a law as a law unless it's backed up with enforcement. That's law as a "fact." But we also want law to reflect values that we can rationalize and validate. That's law as a "norm." This difficult study is worth the effort for anyone who wonders about law's nature and about how ideas like "justice" claim our attention. Habermas wants to define an idea of law that lies "between" law as a fact (what law is and says) and law as a value or norm (what law ought to be, or what we feel law ought to be). The classic test case is a circumstance like Nazi Germany, where policies of Jewish extermination were "in fact" legitimated within the state power structure. If you are interested in an argument that respects the importance of state might but also resists the notion that might makes right, then this book should be on your list.
Put Your Hope in the Law.......2005-09-26
A big book on the big topic of 'how do we all get along' by one of the biggest of living philosophers.
I'll not address the details of the argument or Habermas's place in left-wing politics. Instead, I'll address the intellectual and cultural context.
What Habermas says he is doing is looking for a way to hold societies together that are no longer composed only of one ethnic group; that are no longer made up of adherents of one religion; and are no longer made up of people who accept one myth of their nation or one philosophy of life. We wouldn't need his contribution here, he is saying, if we were not in "postmetaphysical" times--by which he means two things. First, he means that we're in a scientific, secular era when the educated classes, anyway, of major Western countries can no longer be convinced of much of anything by *religious* arguments. Religion doesn't command much belief among social elites, and many others, let alone the kind of universal belief it once inspired. And theology has long since been driven from the position of being 'queen of the sciences' by physics. The second thing he means by "postmetaphysical" (which he uses instead of "postmodern") is that we live in a time when it's hard for any of us to believe that only what we believe is true, and that what we believe is totally true...because our world is so interconnected and we are aware of so many different religions and worldviews people have. That is, religious and worldview pluralism relativizes the authority any one religion or worldview could have now.
Mostly Habermas thinks our "enlightened" state of cosmopolitan equality is really good. But he acknowledges that we've lost something in losing the certainties and meaning and ethics of religions. Among other things we've lost is the social glue that holds citizens of countries together. Since Habermas is a social philosopher of hope, who wants to prevent a Nazi regime and a Holocaust from ever happening again, this is really important to him.
So after saying why socialist welfare states, with their paternalistic governments, and unregulated capitalism, with its discrimination against those who are such losers as to not be affluent, can't be the way forward, he then surveys and rejects other options. Of course, the way forward is his theory, which in his lingo is a constitutional deliberative democracy with a free public sphere and a vibrant lifeworld. Never mind all that, unless you want to get into his theory. The force of it here is that, in a way most people afraid of getting speeding tickets would not expect, he, as a leftie, sees The Law as the best means for keeping all of us together. Even if we don't respect each other so much, basically, if we respect the law we can get along. Even if we don't care about each other so much, if we do as much for each other as the law demands, society will be livable. So the right kind of law makes possible a peaceful society of people who radically disagree on really basic stuff that would often make people violent.
The book is designed to sort out the right kind of law. It is the kind that you can obey not just because you'll get in trouble if you don't, but also because you can agree in principle with how the law was made (even if you don't like the law itself). And the right way to make laws is for people to talk long enough and openly enough with each other in political publics and fora to come up with basic rules of the game we can all live with.
Highly technical, highly abstract, assumes you know basic stuff about Aristotle and Kant without him explaining it, amazingly comprehensive. Underrated in the US because it's not done in the usual Anglo-American way, but not only great for legal theory types, but also for people doing Rawls or Rorty or Derrida or MacIntyre. And for systematic thinker people, think of Between Facts and Norms as Habermas's equivalent of Aristotle's Politics or Hegel's Philosophy of Right. If you like the Olympic pool these guys swim in, this is gold medal contender material.
Democracy: well-known, little understood.......2005-06-27
Some commentators of Habermas' work have argued that he changed his position from "The Theory of Communicative Action" (see review in here at Amazon.com) to "Between Facts and Norms" (BF&N). In the preface of the English edition of BF&N the author himself replies to this issue: Habermas hopes that the book will clear the impression that "the theory of communicative action is blind to institutional reality -or that it could even have anarchist consequences (p. xi)". Thus, the purpose of BF&N is to apply discourse theory to the analysis of democracy in modern societies and not to change the route of his critical theory, as some have argued. Having said this, the reader may be interested to know whether it is possible to understand this book without reading TCA first. I would reply to this question with a cautious "yes". But, of course, something of the understanding will be missed without the theoretical background of Habermas' magnum opus. For someone who would like to read BF&N but is not willing to digest TCA's two volumes, I recommend reading his essay "Three Normative Models of Democracy" (in "The Inclusion of the Other", ed. by Ciaran Cronin and Pablo de Greiff, Cambridge: MIT Press, 1998). This essay presents an outline of the arguments that Habermas will fully develop in BF&N. In this book, he proposes a normative model of democracy as a middle point alternative to the republican and the liberal models. While the republican model relies on Rousseau's idea of collective opinion and will-formation, which demands communication and consensus, the liberal model attributes supremacy to the institutional protection of individual freedom. Habermas affirms that his proposal is normatively "stronger" than the liberal model, but "weaker" than the republican model. In other words, in his deliberative model of democracy, institutions should do more than just protecting the individual from state oppression and act also as carriers of communicative rationality. Institutions are crucial to democracy because they act as legitimacy 'gatekeepers', transforming public opinion into communicative power. "According to discourse theory, the success of deliberative politics depends not on a collectively acting citizenry but on the institutionalization of the corresponding procedures and conditions of communication, as well as on the interplay of institutionalized deliberative processes with informally developed public opinions" (BF&N, p. 298). In a deliberative democracy, opinion formation in the public sphere is to be transferred to the legal and political systems in order to legitimize binding decisions that apply to a political community.
Habermas model is not, therefore, a radical departure from what we know nowadays as a "democratic system". However, most existing democracies lack the conditions for an unconstrained opinion formation in the public sphere due to ideological manipulation,as Habermas points out. Thus, democratic institutions do not guarantee an authentic democracy. As much as Habermas see institutions to be fundamental to democracy, the improvement of the democratic system cannot come from within the institutionalized system. Institutions can stabilize democracy, but are not meant to change society. According to Habermas, only communication action is able to lead us out of our current political predicament.
intervention into the globe and democracy.......2005-03-10
Although Habermas may come across as a post-metaphysical thinker somewhat austere and reserved, his voice has always been there in dialogue with topical controversial political issues. Over the past thirty years he has written essays of a profound nature,as the xenophobia of race after the break up of the Soviet satellites, bio-genetic engineering(quite literally the future of race),and the strengths and weaknesses within Western institutions.He has to date 9 Volumes(in German only) of incredible "Political Writings".
Here,fellow Amazonians all these dribble reviews really masterbations of detritus are less than useless,Habermas deserves better than this;but a sign of democracy I suppose.
Habermas with this very comprehensive work is trying to intervene into the current paradigm of law democracy and globalization; how financial institutions(as an extension of the law, the distribution of wealth) really cannot provide the necessary stability as they once did for the dispossessed within liberal democracies.
It is fairly certain now with the arrogant drum beatings of Washington that there is a real threat of loss of power if some Western power does move quickly to manipulate what Engels referred to as the co-relation of forces today,like who controls oil(and natural resources);Technology hence (Time)nuclear power,or space militarization (in the Virilio-ian sense) or for instance who will help the new cheap labour factory, China industrialize.
Habermas sees democracy-in-development only in Europe with the formation of the European Union as an activist agent a proxy of intervention from the vagaries and many times anarchy of globalization for the globes working classes.This within the context where Washington sees no equivalent agenda to nurture and desires to jettison all the post-WW2 Atlanticist structures, as the United Nations and their derivatives. These organizations for other reasons have become corrupt,but they still service some parts of the globe who depend upon them for food and medicinal deliveries. The fact that Habermas focuses on the relative strengths of bourgeois laws is indeed his own self-created cul-de-sac as paradigm that there is no alternative to this reality at least not in the forseeable future.I suspect Habermas has been purging himself for quite some time from his early days as Adorno's student from the negative/critical,more classical sides of Marxism that appraises power wherever it exists as an "odometer", a measure for the dispossessed of the globe, do they eat?,or die?,something that embarasses him I suspect.Laws should monitor where the food chains exist, Laws should monitor atrocities,genocides,corrupt leaders.These very laws (within the West)historically have always been frought with reservations contingencies,and are constructed to preserve the staus quo,and can be easily changed and amended when their agency or proxy comes to an end; yes a classical Marxist view still alive although to some detestable. At least for those below the subsistence levels it is somewhat comforting to know that there is a "conscious" within the West someplace, although it is seldom exhibited as for example within the continent of Africa.
I didn't want to review this.... but............2000-08-12
The reviews for this book are really poor, so I'm going to take a shot at this book....
Habermas in this book is very German. The book is straightforward: it deals with the dual nature of laws.... i.e. that the ideals we establish in laws are conditioned by a sociological process and then interpreted through the same process. It's not a book that one would read for pleasure... it's not a book that one would want to have around to please girls. It's dry at times, but CAN BE very rewarding. Please, dear God, do not let this be an introduction to philosophy. But-- as the reviews above hint at-- it is an important work by an important author if taken in the right light and for the right reasons.
I do not intend here to write a review of Habermas: that's way beyond what needs to be done in this situation. He's not a whole lot of fun though.... ;)... but a brilliant man, nonetheless....
Book Description
How can we establish a political/legal order that in principle does not require the human flourishing of any person or group to be given structured preference over that of any other? Addressing this question as the central problem of political philosophy, Norms of Liberty offers a new conceptual foundation for political liberalism that takes protecting liberty, understood in terms of individual negative rights, as the primary aim of the political/legal order. Rasmussen and Den Uyl argue for construing individual rights as metanormative principles, directly tied to politics, that are used to establish the political/ legal conditions under which full moral conduct can take place. These they distinguish from normative principles, used to provide guidance for moral conduct within the ambit of normative ethics. This crucial distinction allows them to develop liberalism as a metanormative theory, not a guide for moral conduct. The moral universe need not be minimized or morality grounded in sentiment or contracts to support liberalism, they show. Rather, liberalism can be supported, and many of its internal tensions avoided, with an ethical framework of Aristotelian inspiration-one that understands human flourishing to be an objective, inclusive, individualized, agent-relative, social, and self-directed activity.
Customer Reviews:
Reviews of Professors Miller and Fuller.......2006-03-20
"Norms of Liberty is one of the most important works on liberalism in recent years. The fact that individuals have different views of the good life poses a fundamental dilemma for modern political philosophy. Liberals frequently adopt a stance of moral neutrality, suggestive of relativism, subjectivism, or skepticism, while their opponents advocate a substantive moral view at the expense of individual freedom. Rasmussen and Den Uyl present a brilliant solution by distinguishing between normative principles guiding individual moral conduct and metanormative principles that concern legislation. They argue compellingly that neo-Aristotelian perfectionist ethics can support liberal non-perfectionist politics." -Fred D. Miller Jr., Social Philosophy and Policy Center, Bowling Green State University
"This is a fine piece of work in several dimensions. First, it is among the most comprehensive surveys of modern liberalism of which I am aware. Virtually every major contributor to thought on liberalism, for and against, from the 17th century forward is discussed in illuminating and intelligent ways. Second, the authors have a well-developed point of view about the liberal tradition, what it is and what it is not, how they think it can best be articulated and defended. There is no doubt that it is a major, significant contribution to the political philosophy of the liberal tradition. Here is a work that both synthesizes a wide range of the literature, offers original views of the subject, and provokes renewed discussion of just what the character of liberal thought is." -Timothy Fuller, Colorado College
Book Description
In a comprehensive examination of rape and its prosecution in British America between 1700 and 1820, Sharon Block exposes the dynamics of sexual power on which colonial and early republican Anglo-American society was based.
Block analyzes the legal, social, and cultural implications of more than nine hundred documented incidents of sexual coercion and hundreds more extralegal commentaries found in almanacs, newspapers, broadsides, and other print and manuscript sources. Highlighting the gap between reports of coerced sex and incidents that were publicly classified as rape, Block demonstrates that public definitions of rape were based less on what actually happened than on who was involved. She challenges conventional narratives that claim sexual relations between white women and black men became racially charged only in the late nineteenth century. Her analysis extends racial ties to rape back into the colonial period and beyond the boundaries of the southern slave-labor system. Early Americans' treatment of rape, Block argues, both enacted and helped to sustain the social, racial, gender, and political hierarchies of a New World and a new nation.
Customer Reviews:
Everything you wanted to know . . . .......2006-10-26
Everything you wanted to know about rape in early America but were afraid to ask. Where did the colonists draw the line between consensual and coerced sex? Where did they draw the line between coerced sex and the crime of rape? In answering these questions, Sharon Block shows how race and class determined the power that men had to avoid prosecution, and the power that women had to seek protection. She knows that study of the legal records is necessary but not sufficient, so she explores how early Americans wrote about rape in diaries, fiction, political propaganda, travel writing, and humor. In short: a brilliant book.
Book Description
Examines issues in legal and democratic theory found in the work of Jürgen Habermas.
Customer Reviews:
boring book.......2004-02-16
If you have read this book, you will agree with me: waste time!!!! I doubt the author even doesn't understand Habermas....
and also several obivous solecism in this book.......
Exellent collection of established..........2003-08-21
Exellent collection of established expert-Habermas commentators from the US and different European countries. Habermas position in "Between Facts and Norms" is tackled from different angles such as: theory of democracy, moral theory (disappaerance of "discourse ethics"!), system of rights and generally assesses his philosophical position in relation to contemporary thought. The authors make Habermas complex thought accesible and try to relate the importance of his work for contempory issues and challenges for achieving an actual radical democracy.
The book features an interesting interview with Habermas.
The most confusing book in the world.......2003-06-15
I never read such a confusing book since I was born. You will never know what the editors think about. The editors just copy and paste some unrational essays into this mosaic book. Yes, to the editors, it is really a good business for the editors to get some extra money regardless of their dignity. sure, they are chasing money and titles, forever
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Legal Norms and Normativity: An Essay in Genealogy (Legal Theory Today)
Sylvie Delacroix
Manufacturer: Hart Publishing
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ASIN: 1841134554 |
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This book offers a 'genealogical' explanation of law's normativity. The term 'genealogical' conveys a commitment to a non-metaphysical type of enquiry. While it explains how law, as a normative phenomenon, comes about, it does not seek to ground law's normativity in anything but the context of social interaction giving rise to it. Legal normativity is brought about on a daily basis. Whether in revolutionary circumstances or in the quotidian need for judges, lawmakers or citizens to balance law's demands with those of morality or prudence, our ability to bind ourselves through law ultimately depends on our capacity to articulate a better way of living together, and to commit ourselves to it. These efforts of assessment and articulation depend, in turn, on our conception of normative agency. Assert the need to trace the truth of ethical judgments to some independent moral 'facts' conditioning their objectivity, and you will get a different understanding of what it is we are doing when we dispute law's authority in the name of moral values. Tracing the truth of moral judgements back to our own social practices not only affects the nature of disagreement; it also dramatically increases our responsibility when, as lawmakers, judges, or citizens we 'take the law into our own hands' and confront it with our moral expectations.
Book Description
Winner, 1996 Elaine and David Spitz Book Prize for the best book on liberal and democratic theory, Conference for the Study of Political Thought. Winner, 1994 First Book Prize, Foundations of Political Thought Organized Section, American Political Science Association.
Between the Norm and the Exception contributes historical insight to the ongoing debate over the future of the rule of law in welfare-state capitalist democracies. The core issue is whether or not society can offer its citizens welfare-state guarantees and still preserve the liberal vision of a norm-based legal system. Franz Neumann and Otto Kirchheimer, in an age dominated by Hitler and Stalin, sought to establish a sound theoretical basis for the "rule of law" ideal. As an outcome of their sophisticated understanding of the liberal political tradition, their writings suggest a theoretical missed opportunity, an alternative critical theory that might usefully be applied in understanding (and perhaps countering) the contemporary trend toward the deformalization of law.
Customer Reviews:
brilliantly researched and argued.......2000-06-16
This is a meticulously researched exposition of the theoretical development of two largely unheralded (at least in America) political theorists, Otto Kirchheimer and Franz Neumann. Responding to past influences such as Locke, Rousseau, Weber and even Schmitt, these two contemporaries made signficant strides in the development of a critical democratic theory that would be responsive to the concerns of a (post)modern age. This book serves as an excellent introduction to their work, and as such truly a must-read for anyone grappling with the challenges of contemporary democracy.
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Social Norms, Nonlegal Sanctions, and the Law (Economic Approaches to Law)
Manufacturer: Edward Elgar Publishing
ProductGroup: Book
Binding: Hardcover
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ASIN: 1845424956 |
Book Description
This authoritative collection brings together a careful selection of previously published articles that use economics to analyze the interaction of law, on the one hand, and social norms and nonlegal sanctions on the other. The articles cover a range of foundational questions. What are social norms and nonlegal sanctions? Do strong laws undermine social norms, thus weakening other valuable forms of social cooperation? Can laws be used to exploit existing social norms, so that the laws are more effective than they would be otherwise? The contributing authors use a variety of economic models and concepts to address these questions.
16 articles, dating from 1980 to 2001
Contributors include: G.A. Akerlof, R.D Cooter, R.C. Ellickson, R.A. Epstein, U. Gneezy, P.G. Mahoney, A. Greif, P.R. Milgrom, R.C. Picker, R.A. Posner
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Norms and the Law
Manufacturer: Cambridge University Press
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Structure and Change in Economic History
ASIN: 0521680794 |
Book Description
This book contains perspectives of world-renowned scholars from the fields of law, economics, and political science about the relationship between law and norms. The authors take different approaches by using a wide variety of perspectives from law, legal history, neoclassical economics, new institutional economics, game theory, political science, cognitive science, and philosophy. The essays examine the relationship between norms and the law in four different contexts. Part One consists of essays that use the perspectives of cognitive science and behavioral economics to analyze norms that influence the law. In Part Two, the authors use three different types of common property to examine cooperative norms. Part Three contains essays that deal with the constraints imposed by norms on the judiciary. Finally, Part Four examines the influence formal law has on norms.
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Moral Controversies in American Politics: Cases in Social Regulatory Policy
Manufacturer: M.E. Sharpe
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ASIN: 1563249944 |
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What is the role of law in a society in which order is maintained mostly through social norms, trust, and nonlegal sanctions? Eric Posner argues that social norms are sometimes desirable yet sometimes odious, and that the law is critical to enhancing good social norms and undermining bad ones. But he also argues that the proper regulation of social norms is a delicate and complex task, and that current understanding of social norms is inadequate for guiding judges and lawmakers. What is needed, and what this book offers, is a model of the relationship between law and social norms. The model shows that people's concern with establishing cooperative relationships leads them to engage in certain kinds of imitative behavior. The resulting behavioral patterns are called social norms.
Posner applies the model to several areas of law that involve the regulation of social norms, including laws governing gift-giving and nonprofit organizations; family law; criminal law; laws governing speech, voting, and discrimination; and contract law. Among the engaging questions posed are: Would the legalization of gay marriage harm traditional married couples? Is it beneficial to shame criminals? Why should the law reward those who make charitable contributions? Would people vote more if non-voters were penalized? The author approaches these questions using the tools of game theory, but his arguments are simply stated and make no technical demands on the reader.
Customer Reviews:
My book of the year!.......2002-02-19
Using ¡§Signal Theory¡¨, Eric Posner provides a unified analytical structure of all kinds of social norms.This book is not a monotone; instead, it compares and criticizes other previous theories of this theme. So it persuades me.
Law and Social Norm is not a book full of abstract theory. In the second part,the legal application, the author goes deep into various problems,ex. discrimination and contract law, and give a lucid explanations of the origin and cause of those phenomena.
In the third part, the author discusses some normative problems. A reader like me would find his discussion of ¡§commodification¡¨ and ¡§autonomy¡¨ fascinating.
This is my book of the year!
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