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)

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)

A major contribution to contemporary social theory. Not only does it provide a compelling critique of some of the main perspectives in 20th century philosophy and social science, but it also presents a systematic synthesis of the many themse which have preoccupied Habermas for thirty years. --Times Literary Supplement.

This revised edition includes a new Preface outlining developments in Relevance Theory since 1986, discussing the more serious criticisms of the theory, and ...

For this second edition, the editors have returned to Austin's original lecture notes, amending the printed text where it seemed necessary.

This paper criticizes Alexy's argument on the necessary connection between law and morality. First of all, the author discusses some aspects of the notion of the claim to correctness. Basically, it is highly doubtful that all legal authorities share the same idea of moral correctness. Secondly, the author argues that the claim to correctness is not a defining characteristic of the concepts of “legal norm” and “legal system”. Hence, the thesis of a necessary connection between law and morality based on (...) such claim cannot be accepted. (shrink)

The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...) Ronald Dworkin who in the 1970s and 80s mounted a series of challenges to Hart's Concept of Law. It seemed that Hart let these challenges go unanswered until, after his death in 1992, his answer to Dworkin's criticism was discovered among his papers. In this valuable and long-awaited new edition Hart presents an Epilogue in which he answers Dworkin and some of his other most influential critics including Fuller and Finnis. Written with the same clarity and candor for which the first edition is famous, the Epilogue offers a sharper interpretation of Hart's own views, rebuffs the arguments of critics like Dworkin, and powerfully asserts that they have based their criticisms on a faulty understanding of Hart's work. Hart demonstrates that Dworkin's views are in fact strikingly similar to his own. In a final analysis, Hart's response leaves Dworkin's criticisms considerably weakened and his positions largely in question. Containing Hart's final and powerful response to Dworkin in addition to the revised text of the original Concept of Law, this thought-provoking and persuasively argued volume is essential reading for lawyers and philosophers throughout the world. (shrink)

Robert Alexy develops his influential theory of legal reasoning exploring the nature of legal argumentation and its relation to practical reasoning. In doing so he sheds light on fundamental questions of law and rationality, which are as crucial to practising lawyers and law students as they are to scholars of legal theory.

For three decades the writings of Jaegwon Kim have had a major influence in philosophy of mind and in metaphysics. Sixteen of his philosophical papers, together with several new postscripts, are collected in Kim [1993]. The publication of this collection prompts the present essay. After some preliminary remarks in the opening section, in Section 2 I will briefly describe Kim's philosophical 'big picture' about the relation between the mental and the physical. In Section 3 I will situate Kim's approach on (...) the larger philosophical landscape, vis-à-vis various other approaches frequently discussed in contemporary philosophy of mind. This comparative discussion will further illuminate Kim's own position, and also will serve as groundwork for subsequent discussion. In Section 4 I will point out certain persistent internal tensions in Kim's philosophical position on the mind--body problem, tensions that emerge especially clearly against the backdrop of Section 3's comparative discussion of Kim's position relative to various competing positions. In the remainder of the paper I will focus on two issues at the heart of his position, with particular attention to what he says about them in some of the more recent papers and the postscripts in Kim [1993]. First, how should a materialist understand the notion that the mental is 'determined' by the physical? More specifically, what role, if any, should be played by the concept of supervenience in explicating this kind of determination relation? Kim's views on this matter have recently changed, and I will discuss the issue with particular attention to his own latest remarks on it. This is the business of Section 5. Second, need a viable materialism assert that mentalistic psychology is reducible to neurobiology? More specifically, should a materialist insist on reducibility, despite the currently influential line of argument used by non-reductive materialists, the 'multiple realization' argument? On this matter too, Kim's views have changed somewhat; again, I will discuss the issue with particular attention to his recent thinking. This is the business of Section 6. (shrink)

The author's thesis is that there is a conceptually necessary connection between law and morality which means legal positivism must fail as a comprehensive theory. The substantiation of this thesis takes place within a conceptual framework which shows that there are at least 64 theses to be distinguished, concerning the relationship of law and morality. The basis for the author's argument in favour of a necessary connection, is formed by the thesis that individual legal norms and decisions as well as (...) whole legal systems necessarily make a claim to correctness. The explication of this claim within the frame of discourse theory shows that the law has a conceptually necessary, ideal dimension, which connects law with a procedural, universalistic morality. (shrink)

Language and Reason opens up new territory for social theorists by providing thefirst general introduction to Habermas's program of formal pragmatics: his reconstruction of theuniversal principles of possible understanding that, he argues, ...

In this article the author adduces a non‐positivist argument for a necessary connection between law and morality; the argument is based on the claim to correctness, and it is directed to an attack stemming from Eugenio Bulygin. The heart of the controversy is the claim to correctness. The author first attempts to show that there are good reasons for maintaining that law necessarily raises a claim to correctness. He argues, second, for the thesis that this claim has moral implications. Finally, (...) he attempts to refute Bulygin's objection that the claim‐based argument for non‐positivism boils down to contradiction and triviality. (shrink)