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5. Legitimacy and Diversity

In Michel Rosenfeld & Andrew Arato (eds.), Habermas on Law and Democracy: Critical Exchanges. Univ of California Press. pp. 115-154 (1998)

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  1. Habermas, Feminism, and Law: Beyond Equality and Difference?Sarah Sorial - 2011 - Ratio Juris 24 (1):25-48.
    In this paper, I argue that Habermas' proceduralist model of law can be put to feminist ends in at least two significant ways. First, in presenting an alternative to the liberal and welfare models of laws, the proceduralist model offers feminism a way out of the equality/difference dilemma. Both these attempts to secure women's equality by emphasising women's sameness to men or their difference from men have placed the onus on women to either find a way of integrating themselves into (...)
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  • Unity with(in) Plurality: Rawls’s Idea of Public Justification Reinterpreted.Sedat Yazici - 2004 - South African Journal of Philosophy 23 (2):120-133.
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  • Between Habermas and Lyotard: Rethinking the Contrast between Modernity and Postmodernity.Peter J. Verovšek & Javier Burdman - 2024 - Theory, Culture and Society 41 (3):71-88.
    The article shows that Habermas’s modernism and Lyotard’s postmodernism are not as antithetical as they are often taken to be. First, we argue that Habermas is not a strong foundationalist concerned with identifying universal rules for language, as postmodern critiques have often interpreted him. Instead, he develops a social pragmatics in which the communicative use of language is the fundamental presupposition of any meaningful interaction. Second, we argue that Lyotard is not a relativist who denies any universal linguistic structure. Instead, (...)
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  • Democratic Deficits of a Dualist Deliberative Constitutionalism: Bruce Ackerman and Jurgen Habermas.Mariela Vargova - 2005 - Ratio Juris 18 (3):365-86.
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  • Darwall, Habermas, and the Fluidity of Respect.Andrew Koppelman - 2013 - Ratio Juris 26 (4):523-537.
    What moral commitments do we manifest when we make claims upon one another? The practice of claiming is inescapable, and so any normative presuppositions of that practice are similarly inescapable (at least on pain of self-contradiction). This inquiry thus promises an Archimedian point from which to address intractable moral disagreements in modern society. Whatever we happen to differ about, we can be shown to agree about these premises, and therefore to share commitment to whatever can be derived from these premises. (...)
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  • Constitutional reason and political identity.Shane O'Neill - 2001 - Critical Review of International Social and Political Philosophy 4 (3):1-26.
    This article presents a normative‐theoretical account of democratic legitimacy that meets the challenge of moral and cultural pluralism in a way that takes the avoidance of oppression and violence to be a fundamental imperative. The discourse‐theoretical perspective of jürgen Habermas reveals that reasoned agreement among citizens is the only alternative to political oppression. Pace Habermas, however, the legitimacy of even basic constitutional principles does not require us to agree with one another for the same reasons. While we can affirm such (...)
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