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)

Even if we do not observe those who own or manage capital doing anything, are there nevertheless good reasons for saying that they have power over government? My thesis is that, on any analysis of `power over others' that enables us to say that voters have power over those elected and that consumers have power over producers, we also have to say that those who own or control capital have power over government. Conversely, the reasons that can be given (and (...) have been given) for denying that owners of capital have power over governments would be equally good reasons for denying that voters have power over governments and that consumers have power over producers. Key Words: power • capitalism • democracy. (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)

The basic question I want to ask is: can the exercise of private property rights abridge fundamental norms of democratic decision-making? And, under what conditions can it do so? To the extent that we view democratic decision making as required by justice, the issue is whether there is a deep tension between certain ways of exercising the rights of private property and that part of social justice that is characterized by democracy. To the extent that this tension holds, I will (...) argue that commitment to democratic norms implies that private capitalist firms must cooperate with a democratic assembly and government in the pursuit of the aims of a democratic assembly even when this implies some diminution of the profits of the firms. The cooperation I have in mind goes beyond the norm of faithful compliance with the law. To be sure, there are limits to this requirement as we will see in the later part of the paper. To the extent that private capitalist firms fail to do this and partially undermine the pursuit of the aims of a democratic assembly, they act in a way that is incompatible with fundamental norms of democratic governance. (shrink)