Is it possible for the state simultaneously to respect deep cultural differences and to protect the hard-won citizenship rights of vulnerable group members, particularly women? This 2001 book argues that it is not only theoretically needed, but also institutionally feasible. Rejecting prevalent normative and legal solutions to this 'paradox of multicultural vulnerability', Multicultural Jurisdictions develops a powerful argument for enhancement of the jurisdictional autonomy of religious and cultural minorities while at the same time providing viable legal-institutional solutions to the problem (...) of sanctioned intra-group rights violation. This new 'joint governance' approach is guided by an innovative principle that strives for the reduction of injustice between minority groups and the wider society, together with the enhancement of justice within them. This book will interest students of political and social theory, law, religion, institutional design, as well as cultural and gender studies. (shrink)

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, but it is much more. The introduction by William Rehg succinctly captures the special nature of the work, (...) noting that 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. Finally, the work frames and caps these arguments 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. The book includes a postscript written in 1994, which restates the argument in light of its initial reception, and two appendixes, which cover key developments that preceded the book. Habermas himself was actively involved in the translation, adapting the text as necessary to make it more accessible to English-speaking readers. (shrink)

What makes a living system a living system? What kind of biological phenomenon is the phenomenon of cognition? These two questions have been frequently considered, but, in this volume, the authors consider them as concrete biological questions. Their analysis is bold and provocative, for the authors have constructed a systematic theoretical biology which attempts to define living systems not as objects of observation and description, nor even as interacting systems, but as self-contained unities whose only reference is to themselves. The (...) consequence of their investigations and of their living systems as self-making, self-referring autonomous unities, is that they discovered that the two questions have a common answer: living systems are cognitive systems, and living as a process is a process of cognition. The result of their investigations is a completely new perspective of biological (human) phenomena. During the investigations, it was found that a complete linguistic description pertaining to the ‘organization of the living’ was lacking and, in fact, was hampering the reporting of results. Hence, the authors have coined the word ‘autopoiesis’ to replace the expression ‘circular organization’. Autopoiesis conveys, by itself, the central feature of the organization of the living, which is autonomy. (shrink)

This is the first publication of these ideas in book form. 'It is a rare treat--important, original philosophy that is also a pleasure to read.

At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law (...) and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law. (shrink)

This work deals with legal pluralism in an emerging world society. It central thesis is that globalization of law tends to create a decentred law-making process which occurs in multiple sectors of civil society, independently of nation states. Technical standardization, professional rule production, human rights, intra-organizational regulation in multinational enterprises, contracting, arbitration and other institutions of lex mercatoria are forms of rule by private governments, claiming world-wide validity independently of the law of the nation states. They have come into existence (...) not by formal acts of nation states but by strange paradoxical acts of self-validation. (shrink)

D'où nous vient l'efficacité? Comment la penser sans construire un modèle à poser comme but, donc sans passer par le rapport théorie-pratique, et hors de tout affrontement héroïque? A la difficulté européenne à penser l'efficacité - même sur le versant " réaliste " de notre philosophie (d'Aristote à Machiavel ou Clausewitz) - s'oppose l'approche chinoise de la stratégie : quand l'efficacité est attendue du " potentiel de la situation " et non d'un plan projeté d'avance, qu'elle est envisagée en termes (...) de conditionnement et non de moyens à fin, de transformation et non d'action, de manipulation et non de persuasion, etc. : " l'occasion " à saisir n'est plus alors que le résultat de la tendance amorcée, et le plus grand général ne remporte que des victoires " faciles ", sans même qu'on songe à l'en " louer ". De ce clivage, on percevra mieux en quoi consiste la possibilité d'effet ; et notamment, qu'il faut sortir d'une conception spectaculaire de l'effet pour comprendre qu'un effet est d'autant plus grand qu'il n'est pas visé, mais découle indirectement du processus engagé, et qu'il est discret. J'appellerai fonds d'effet ce dont nous vient cette efficacité sans dépense, et qui ne rencontre pas de résistance. Il nous conduira à concevoir une stratégie qui serait de l'efficience plus que de l'efficacité. (shrink)

"An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep.

Meaning and status -- Generality and moral quality -- Content-dependence and discursive character -- Why grounds are needed -- Grounding the normativity of practical reason -- Grounding the normative claim and force of law.

In the third and fourth parts of the book, Günther shows--in debate with Hare, Dworkin, and others--how argumentation on the appropriate application of norms and principles in morality and law is possible.