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Habermas: The Discourse Theory of Law and Democracy

Stanford Law Books (2011)

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  1. ¿Teoría crítica o inmunización del sistema? Acerca de la dicotomía habermasiana entre sistema y mundo de la vida.Marina García-Granero & César Ortega Esquembre - 2018 - Tópicos: Revista de Filosofía 56:311-337.
    The article presents the sources and definitions of the concepts «system» and «lifeworld», emphasizing how the colonization of the lifeworld by the system appears as a pathological process, in the presence of which a critical stance must be maintained. Facing the increase of the systemic complexity, it is necessary to ensure the symbolic reproduction of the lifeworld through communicative action. Although we share with Habermas the meaning of his critique of the colonization, we present some objections to the dichotomous opposition (...)
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  • The Aesthetic Habermas: Communicative Power and Judgment.Glenn Mackin - 2022 - Political Theory 50 (5):780-808.
    Since the publication of Between Facts and Norms, Habermas’s concept of communicative power has been the topic of significant discussion. This article contributes to this conversation by examining Habermas’s account of what makes communication powerful. I argue that Habermas’s conception of communicative power describes a nonviolent and noninstrumental mode of acting and being with others in language. This mode of engagement underwrites a conception of power that is structurally different from willing, one that builds meaningful worlds and (trans-)forms those engaging (...)
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  • Religious Reasons in the Public Sphere: A Challenge to Habermas.Joshua Duclos - 2019 - Philosophy and Theology 31 (1):121-143.
    Should religious reasons be used in political discourse? Habermas argues that religious reasons can enter the public sphere so long as they undergo a translation that meets the standards of public reason. I argue that such a translation may be either unnecessary or impossible. Habermas does not sufficiently consider the possibility that religious reasons are already publicly accessible such that no translation is required. Moreover, Habermas entirely fails to consider the possibility that, if he is right about religious reasons not (...)
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  • Jürgen Habermas. A bibliography: works and studies (1952-2013). With an Introduction by Stefan Müller-Doohm.Luca Corchia (ed.) - 2013 - Pisa: Arnus University Press.
    Luca Corchia, Jürgen Habermas. A bibliography: works and studies (1952-2013). With an Introduction by Stefan Müller-Doohm, Pisa, Arnus University Books, 2013, pp. 606.
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  • Lifeworld, Civilisation, System: Patočka and Habermas on Europe and its Crisis.Francesco Tava - 2016 - HORIZON. Studies in Phenomenology 5 (1):70-89.
    The aim of this article is to show how both Jan Patočka and Jürgen Habermas, starting from a reinterpretation of the idea of «lifeworld», engaged a critique of modern civilisation, aiming (with different outcomes) at a redefinition of the concept of political community. In order to achieve this goal, I firstly focus on Patočka’s understanding of modern rational civilisation and its attempt to fix the fracture between «life» and «world». At this stage, I take also advantage of Hans Blumenberg’s distinction (...)
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  • The Rectification of Names: Addressing Habermas’s Colonization via “the Political” to Remake the World.Joe Old & Robert Ferrell - 2015 - Open Journal of Philosophy 5 (7):418-444.
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  • Judgment and imagination in Habermas' theory of law.Thomas Fossen - 2015 - Philosophy and Social Criticism 41 (10):1069-1091.
    Recent debates in political theory display a renewed interest in the problem of judgment. This article critically examines the different senses of judgment that are at play in Jürgen Habermas’ theory of law. The article offers a new critical reading of Habermas’ account of the legitimacy of law, and a revisionary interpretation of the reconstructive approach to political theory that underpins it. Both of these are instrumental to an understanding of what is involved in judging the legitimacy of law that (...)
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  • Jürgen Habermas.James Bohman - 2008 - Stanford Encyclopedia of Philosophy.
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  • Communication, Context, and Narrative.Navid Hassanzadeh - 2021 - Theoria 68 (166):31-59.
    Although often cast by realists as an exemplar of moralist or rationalist thinking, Jürgen Habermas and certain commentators on his work reject this characterisation, highlighting elements of his thought that conflict with it. This article will examine dimensions of Habermas’s work that relate to many realist concerns in political theory. I argue that while he escapes the commonplace caricature of an abstract thinker who is inattentive to real world affairs, Habermas’s claims in relation to communication, historical and empirical context, and (...)
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  • Habermas on Rawls and the normative foundations of democracy.Krzysztof Kędziora - 2021 - European Journal of Social Theory 24 (4):545-561.
    The debate between Jürgen Habermas and John Rawls concerns the question of how to do political philosophy under conditions of cultural pluralism, if the aim of political philosophy is to uncover the normative foundation of a modern liberal democracy. Rawls’s political liberalism tries to bypass the problem of pluralism, using the intellectual device of the veil of ignorance, and yet paradoxically at the same time it treats it as something given and as an arbiter of justification within the political conception (...)
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  • Niklas Luhmann and the Body.Francis Halsall - 2012 - The New Bioethics 18 (1):4-20.
    For Niklas Luhmann the body seems to almost disappear in modernity. Modern society, he argues, is a system comprised of a number of operatively closed and functionally distinct sub-systems such as economics, science, law, the mass media and so on. Each system is autonomous and observes the world in its own terms via its internal communications. Thus, Luhmann’s sociology is generally characterized as a post-human one. That is, one in which the basic unit of both social agency and sociological analysis (...)
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