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  1. 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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  • Habermas' method: Rational reconstruction.Jørgen Pedersen - 2008 - Philosophy of the Social Sciences 38 (4):457-485.
    Given the prominent position Habermas' philosophy has gained, it is surprising that his method, rational reconstruction, has not caused more debate. This article clarifies what this method consists of, and shows how it is used in two of Habermas' research programs. The method is an interesting, but problematic way of confronting some of the basic epistemological questions in the social sciences. It represents an alternative to both the empirical-analytical and the hermeneutic tradition. On the basis of this methodology, Habermas' work (...)
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  • Plural reconstruction: A method of critical theory for the analysis of emerging and contested political practices.Svenja Ahlhaus - 2021 - Philosophy and Social Criticism 48 (5):703-725.
    Philosophy & Social Criticism, Volume 48, Issue 5, Page 703-725, June 2022. In this article, I argue that Habermas’s method of rational reconstruction faces limitations when it comes to analysing newly emerging and contested political practices. As rational reconstruction aims to criticize existing practices by determining their normative meaning as reflected in the participants’ idealizing presuppositions, it reaches its limits where emerging and contested practices make it impossible to identify a shared self-understanding and a single participants’ perspective. Using the example (...)
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  • Supranational constitutional politics and the method of rational reconstruction.Markus Patberg - 2014 - Philosophy and Social Criticism 40 (6):501-521.
    In The Crisis of the European Union Jürgen Habermas claims that the constituent power in the EU is shared between the community of EU citizens and the political communities of the member states. By his own account, Habermas arrives at this concept of a dual constituent subject through a rational reconstruction of the genesis of the European constitution. This explanation, however, is not particularly illuminating since it is controversial what the term ‘rational reconstruction’ stands for. This article critically discusses the (...)
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