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)

From the theory of ‘deliberative democracy’ to the politics of the ‘third way’, the present Zeitgeist is characterized by attempts to deny what Chantal Mouffe contends is the inherently conflictual nature of democratic politics. Far from being signs of progress, such ideas constitute a serious threat to democratic institutions. Taking issue with John Rawls and Jürgen Habermas on one side, and the political tenets of Blair, Clinton and Schröder on the other, Mouffe brings to the fore the paradoxical nature of (...) modern liberal democracy in which the category of the ‘adversary’ plays a central role. She draws on the work of Wittgenstein, Derrida, and the provocative theses of Carl Schmitt, to propose a new understanding of democracy which acknowledges the ineradicability of antagonism in its workings. (shrink)

Whether in characterizing Catharine MacKinnon's theory of gender as itself pornographic or in identifying liberalism as unable to make good on its promises, Wendy Brown pursues a central question: how does a sense of woundedness become the basis for a sense of identity? Brown argues that efforts to outlaw hate speech and pornography powerfully legitimize the state: such apparently well-intentioned attempts harm victims further by portraying them as so helpless as to be in continuing need of governmental protection. "Whether one (...) is dealing with the state, the Mafia, parents, pimps, police, or husbands," writes Brown, "the heavy price of institutionalized protection is always a measure of dependence and agreement to abide by the protector's rules." True democracy, she insists, requires sharing power, not regulation by it; freedom, not protection.Refusing any facile identification with one political position or another, Brown applies her argument to a panoply of topics, from the basis of litigiousness in political life to the appearance on the academic Left of themes of revenge and a thwarted will to power. These and other provocations in contemporary political thought and political life provide an occasion for rethinking the value of several of the last two centuries' most compelling theoretical critiques of modern political life, including the positions of Nietzsche, Marx, Weber, and Foucault. (shrink)

In this classic work of feminist political thought, Iris Marion Young challenges the prevailing reduction of social justice to distributive justice.

One of the main reasons that liberal democratic societies are not ill-prepared to confront the present challenge presented by disaffection with democratic institutions, is that the type of political theory currently in vogue is dominated by an individualistic, universalistic, and rationalistic framework. This erases the dimension of the political and impedes envisaging in an adequate manner the nature of a pluralistic democratic public sphere. This paper examines the most recent paradigm of liberal democracy: 'deliberative democracy', in order to bring to (...) the fore its shortcomings. Then, the authos puts forward some element for the elaboration of an alternative model that she proposes to call 'agonistic pluralism'. (shrink)

In it he came fully to terms with the inadequacy of traditional democratic theory." This volume is part of a continuing series on the major works of Walter Lippmann.

Democracy and justice are often mutually antagonistic ideas, but in this innovative book Ian Shapiro shows how and why they should be pursued together. Justice must be sought democratically if it is to garner legitimacy in the modern world, he claims, and democracy must be justice-promoting if it is to sustain allegiance over time. _Democratic Justice_ meets these criteria, offering an attractive vision of a practical path to a better future. Wherever power is exercised in human affairs, Shapiro argues, the (...) lack of democracy will be experienced as injustice. The challenge is to democratize social relations so as to diminish injustice, but to do this in ways that are compatible with people’s values and goals. Shapiro shows how this can be done in different phases of the human life cycle, from childhood through the adult worlds of work and domestic life, retirement, old age, and approaching death. He spells out the implications for pressing debates about authority over children, the law of marriage and divorce, population control, governing the firm, basic income guarantees, health insurance, retirement policies, and decisions made by and for the infirm elderly. This refreshing encounter between political philosophy and practical politics will interest all those who aspire to bequeath a more just world to our children than the one we have inherited. (shrink)

This long-awaited book sets out the implications of Habermas's theory of communicative action for moral theory. "Discourse ethics" attempts to reconstruct a moral point of view from which normative claims can be impartially judged. The theory of justice it develops replaces Kant's categorical imperative with a procedure of justification based on reasoned agreement among participants in practical discourse.Habermas connects communicative ethics to the theory of social action via an examination of research in the social psychology of moral and interpersonal development. (...) He aims to show that our basic moral intuitions spring from something deeper and more universal than contingent features of our tradition, namely from normative presuppositions of social interaction that belong to the repertoire of competent agents in any society. Jürgen Habermas is Professor of Philosophy at the University of Frankfurt. (shrink)

An account of the emergence and disintegration of.

This is Jürgen Habermas's most concrete historical-sociological book and one of the key contributions to political thought in the postwar period. It will be a revelation to those who have known Habermas only through his theoretical writing to find his later interests in problems of legitimation and communication foreshadowed in this lucid study of the origins, nature, and evolution of public opinion in democratic societies.

In this book Joseph Heath brings Jürgen Habermas's theory of communicative action into dialogue with the most sophisticated articulation of the instrumental conception of practical rationality-modern rational choice theory. Heath begins with an overview of Habermas's action theory and his critique of decision and game theory. He then offers an alternative to Habermas's use of speech act theory to explain social order and outlines a multidimensional theory of rational action that includes norm-governed action as a specific type.In the second part (...) of the book Heath discusses the more philosophical dimension of Habermas's conception of practical rationality. He criticizes Habermas's attempt to introduce a universalization principle governing moral discourse, as well as his criteria for distinguishing between moral and ethical problems. Heath offers an alternative account of the level of convergence exhibited by moral argumentation, drawing on game-theoretic models to specify the burden of proof that the theory of communicative action and discourse must assume. (shrink)

"Anyone concerned by the swirling academic and political debates over identity politics, multiculturalism, and what could bring us together in divisive times should read Jodi Dean's welcome argument for reconstructing a conscious, deliberative solidarity. With insightful engagement with scholars as diverse as Judith Butler, Cornel West, Jurgen Habermas, and Lynet Uttal, Dean models the kind of dialogue she advocates."--Martha Minow, author of Making All the Difference: Inclusion, Exclusion, and American Law "Solidarity of Strangers is an impressive achievement. Dean works to (...) move political theory beyond the poststructuralist/Habermasian divide as she offers a discourse ethics that accounts for difference and a universalism that does not abandon specificities."--Shane Phelan, author of Getting Specific: Postmodern Lesbian Politics "Dean offers a strong, original, and humane defense of universalist ideals against doubts--which she deeply grasps and sympathetically arrays--of the compatibility of such ideals with a respect for difference."--Frank Michelman, Harvard Law School "Dean has a real gift for weaving personal narrative, current events, law, and high theory. Her complicated and important argument attempts to move behond the either/or of identity politics and its critics via a creative reevaluation of universalism premised on difference and plurality. A very important book."--Judith Grant, University of Southern California, author of Fundamental Feminism: Contesting the Core Concepts of Feminist Theory "Calling for inspiration on Habermas, George Herbert Mead, and their critics, Dean challenges conventional interpretive constraints on law and theory, aiming to open up contestable spaces to democratic practices. She offers the ideal of reflective solidarity as a vehicle for reclaiming a qualified notion of universality for feminism. This controversial move will no doubt provoke debate, requiring readers to think through the link between our epistemological convictions and our political commitments."--Kathy Ferguson, author of The Man Question: Visions of Subjectivity in Feminist Theory. (shrink)

Habermas's analysis of rational action is the fulcrum for his broader theoretical project. If that analysis is faulty his larger project is jeopardized. I explore the role Habermas assigns to strategic action in order to scrutinize his central concept of communicative action. Using basic game theoretic concepts as a counterpoint I argue that he both misconstrues stategic action and fails to adequately explain the mechanism underlying communicative action. I conclude by sketching several ways that Habermas might seek to rectify deficiencies (...) in his analysis of rational action. (shrink)

In Reasonable Democracy, Simone Chambers describes, explains, and defends a discursive politics inspired by the work of Jürgen Habermas. In addition to comparing Habermas's ideas with other non-Kantian liberal theories in clear and accessible prose, Chambers develops her own views regarding the role of discourse and its importance within liberal democracies. Beginning with a deceptively simple question—"Why is talking better than fighting?"—Chambers explains how the idea of talking provides a rich and compelling view of morality, rationality, and political stability. She (...) considers talking as a way for people to respect each other as moral agents, as a way to reach reasonable and legitimate solutions to disputes, and as a way to reproduce and strengthen shared understandings. In the course of this argument, she defends modern universalist ethics, communicative rationality, and what she calls a "discursive political culture," a concept that locates the political power of discourse and deliberation not so much in institutions of democratic decision-making as in the type of conversations that go on around these institutions. While discourse and deliberation cannot replace voting, bargaining, or compromise, Chambers argues, it is important to maintain a background moral conversation in which to anchor other activities. As an extended case study, Chambers examines the conversation about language rights that has been taking place for more than twenty years in Quebec. A culture of dialogue, she shows, has proved a positive and powerful force in resolving some of the disagreements between the two linguistic communities there. (shrink)