The authors offer ways to encourage and educate Americans to participate in the public deliberations that make democracy work and lay out the principles of..

Previous edition, 1st, published in 1971.

Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

The article deals with Habermas's intersubjective approach to critical social theory, focusing on his intersubjective accounts of truth, justice and democratic legitimacy. Distinguishing between stronger and weaker versions of an intersubjective account, it draws attention to Habermas's recent move from a strong intersubjective, constructivist, interpretation of truth to a weaker, non-constructivist, one. It then looks at his refusal to make a similar move in the case of justice, arguing that it is not well-founded, even from the point of view of (...) Habermas's overall concerns. It contends, in particular, that a strong intersubjective conception is not necessary in order to maintain the close link between normative validity and argumentation that plays an important role in Habermas's project of a critical social theory and concludes that the advantages of abandoning a strong intersubjective position outweigh the disadvantages. Consequently, it recommends extension of the weaker, non-constructivist, account that Habermas now proposes in the case of truth to justice as well. In the final section, it considers the implications of this recommendation for Habermas's conception of normative validity in the domain of law and politics. (shrink)

Jiirgen Habermas is a radical democrat. The source of that self-designation is that his conception of democracy-what he calls "discursive democracy"-is founded on the ideal of "a self-organizing community of free and equal citizens," co- ordinating their collective affairs through their common reason. The author discusses three large challenges to this radical-democratic ideal of collective self-regulation: 1) What is the role of private autonomy in a radical-democratic view? 2) What role does reason play in collective self-regulation? 3) What relevance might (...) a radical- democratic outlook have for contemporary democracies? The author addresses these questions by considering Habermas' answers, and then presenting alternative responses to them. The alternatives are also radical-democratic in inspiration, but they draw on a richer set of normative-political ideas than Habermas wants to rely on, and are more ambitious in their hopes for democratic practice. (shrink)

The author's thesis is that human rights can be substantiated on the basis of discourse theory. The argument has two steps. The first step is the justification of the rules of discourse. The second step consists in the foundation of human rights.

This article discusses the relationship between the ideal of autonomous preference formation and the danger of paternalism in deliberative democratic theory. It argues that the aim of autonomous preference formation can and should be decoupled from a justification of paternalistic state action aimed at reshaping citizens’ preferences. The problem of non autonomous preference formation is rooted in the communication structure in which each and every one forms her preferences and hence cannot be solved by some paternalistically judging on others’ behalf. (...) The argument is based on a new formulation of the deliberative democratic ideal, which emphasizes and clarifies the multiple dimensions of freedom it incorporates. (shrink)

This article discusses the relationship between the ideal of autonomous preference formation and the danger of paternalism in deliberative democratic theory. It argues that the aim of autonomous preference formation can and should be decoupled from a justification of paternalistic state action aimed at reshaping citizens 'preferences. The problem of nonautonomous preference formation is rooted in the communication structure in which each and every one forms her preferences and hence cannot be solved by some paternalistically judging on others'behalf The argument (...) is based on a new formulation of the deliberative democratic ideal, which emphasizes and clarifies the multiple dimensions of freedom it incorporates. (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)

This essay asks why Aristotle, certainly no friend to unlimited democracy, seems so much more comfortable with unconstrained rhetoric in political deliberation than current defenders of deliberative democracy. It answers this question by reconstructing and defending a distinctly Aristotelian understanding of political deliberation, one that can be pieced together out of a series of separate arguments made in the Rhetoric, the Politics, and the Nicomachean Ethics.

I argue that Habermas’s proposed system of rights fails to offer an adequate account of the relation between rights and moral injury. In providing a non-moral justification for rights, Habermas’s functional-normative argument excludes the moral intuition that persons are worthy of being protected from a class of injurious actions (i.e. false imprisonment, religious persecution). Habermas does offer clearly stated reasons for his proposed normative, yet non-moral foundation for a legitimate legal order, including the claim that the functional imperatives of modern (...) legal systems cannot be reduced to morality. My positive thesis is that at least some rights are moral norms whose content and justification derive from a moral point of view informed by the idea of persons as free and equal. (shrink)

I argue that Habermas's conception of moral justification cannot be proceduralist in the way he claims that it is if discourse ethics is to remain a version of Kantian ethics. This argument is supported by two claims. The first is that Habermas claims there are no substantive constraints on moral argument. The second is that discourse ethics requires the substantive constraint of moral respect where moral respect is understood to be a preprocedural norm to which all moral claims are accountable.

In this paper I focus on the discussion between Rawls and Habermas on procedural justice. I use Rawls’s distinction between pure, perfect, and imperfect procedural justice to distinguish three possible readings of discourse ethics. Then I argue, against Habermas’s own recent claims, that only an interpretation of discourse ethics as imperfect procedural justice can make compatible its professed cognitivism with its proceduralism. Thus discourse ethics cannot be understood as a purely procedural account of the notion of justice. Finally I draw (...) the different consequences that follow from this reading. (shrink)

In this paper I analyze the tension between realism and antirealism at the basis of Kantian constructivism. This tension generates a conflictive account of the source of the validity of social norms. On the one hand, the claim to moral objectivity characteristic of Kantian moral theories makes the validity of norms depend on realist assumptions concerning the existence of shared fundamental interests among all rational human beings. I illustrate this claim through a comparison of the approaches of Rawls, Habermas and (...) Scanlon. On the other hand, however, objections to moral realism motivate many Kantian constructivists to endorse the antirealist claim that reasonable agreement is the source of the validity of social norms. After analyzing the difficulties in the latter strategy, I try to show how a balance between the realist and antirealist elements of Kantian constructivism can be reached by drawing a sharper distinction between the justice and the legitimacy of social norms. (shrink)

The aim of this paper is to propose a model for understanding the relation between substance and procedure in discourse ethics and deliberative democracy capable of answering the common charge that they involve an ‘empty formalism’. The expressive-elaboration model introduced here answers this concern by arguing that the deliberative practical rationality presupposed by discourse ethics and deliberative democracy involves the creation of a practical medium in which certain general basic ideas of solidarity, equality and freedom are expressed and elaborated in (...) the context of widespread moral disagreement. In the course of this paper I propose an elucidation of these ideas and argue for the thesis that they are internally related to the endorsement of deliberative practical rationality. The three basic substantive ideas contribute to the determination of the existence, the form, the topics and intended outcomes, and the effects of the practice of public deliberation. This amounts to an elucidatory defense of deliberative practical rationality by explicating its substantive significance or point. Key Words: critical theory • deliberative democracy • discourse ethics • equality • freedom • Jürgen Habermas • practical reason • John Rawls • solidarity • substance and procedure. (shrink)

This paper presents a substantivist construal of discourse ethics, which claims that we should see our engagement in public deliberation as expressing and elaborating a substantive commitment to basic moral ideas of solidarity, equality, and freedom. This view is different from Habermas's standard formalist defence of discourse ethics, which attempts to derive the principle of discursive moral justification from primarily non-moral presuppositions of rational argumentation as such. After explicating the difference between the substantivist and the formalist construal, I defend the (...) former by showing that it is not only intuitively compelling, but also particularly well equipped for addressing four important objections recently levelled against discourse ethics and its political applications. I conclude by pointing out some consequences of the previous discussion for the future of Critical Theory. (shrink)

"Contexts of Justice is a study that covers and definitely exhausts the whole range of ten years of one of the most important recent philosophical discussions, that between liberals and communitarians."--Jurgen Habermas, author of Structural Transformation of the Public Sphere "Forst addresses with great insight and acuity the debates over justice between liberals and communitarians that animated the late '80s and '90s...He uses no jargon, he reasons well, his arguments are strong, clear, and accesssible, and he avoids political correctness as (...) well as its opposite."--Andrew Arato, author of Civil Society, Constitution, and Legitimacy. (shrink)

Discourse ethics is originally conceived as a programme of philosophical justification of morality. This depends on the formal derivation of the moral principle (U) from non-moral principles. The moral theory is supposed to fall out of a pragmatic theory of meaning. The original programme plays a central role in Habermas's social theory: the moral theory, if true, provides good evidence for the more general theory of modernization. But neither Habermas nor his followers have succeeded in providing a formal derivation. This (...) essay shows how and why Habermas's proposed derivation is impossible. As if aware of the lacuna, Habermas has recently suggested that (U) can be derived by 'abduction' rather than deduction. The proposal draws heavily on modernization theory; hence the only justification for (U) now available to him rests on premises drawn from that theory. The original programme of the justification of morality has thus given way to the weaker programme of the philosophical elucidation of morality. Further, since Habermas's moral theory is no longer justified independently of modernization theory, but at least partly by it, the moral theory cannot without circularity provide evidence for the modernization theory. (shrink)

This volume brings together a group of distinguished thinkers who rearticulate and reconsider the foundations of democratic theory and practice in the light of the politics of identity/difference.

The contributions in this anthology address tensions that arise between reason and politics in a democracy inspired by the ideal of achieving reasoned agreement among free and equal citizens.

Since its appearance in English translation in 1996, Jurgen Habermas's Between Facts and Norms has become the focus of a productive dialogue between German and Anglo-American legal and political theorists. The present volume contains ten essays that provide an overview of Habermas's political thought since the original appearance of Between Facts and Norms in 1992 and extend his model of deliberative democracy in novel ways to issues untreated in the earlier work. Habermas's theory of democracy has at least three features (...) that set it apart from competing positions. First, it combines a concern with questions of normative justification with an empirical analysis of the social conditions necessary for the realization of democratic institutions. Second, at the heart of his model is the assertion of an internal relationship between liberalism and democracy. Finally, Habermas defends a conception of universal human rights that is not only sensitive to cultural differences but also calls for legal and political institutions that facilitate the cultivation of cultural and religious identities within pluralistic societies. These essays demonstrate the extraordinary power of Habermas's theory of democracy through a further engagement with Rawls's political liberalism and through original contributions to current debates over nationalism, multiculturalism, and the viability of supranational political institutions. (shrink)

In this important new book, Jürgen Habermas takes up certainfundamental questions of philosophy. While much of his recent workhas been concerned with issues of morality and law, in this newwork Habermas returns to the traditional philosophical questions oftruth, objectivity and reality which were at the centre of hisearlier classic book Knowledge and Human Interests. How can the norms that underpin the linguistically structuredworld in which we live be brought into step with the contingency ofthe development of socio-cultural forms of life? (...) How can the ideathat our world exists independently of our attempts to describe itbe reconciled with the insight that we can never reach realitywithout the mediation of language and that 'bare' reality istherefore unattainable? In Knowledge and Human Interests Habermas answered thesequestions with reference to a weak naturalism and atranscendental-pragmatic realism. Since then, however, he hasdeveloped a formal pragmatic theory which is based on an analysisof speech acts and language use. In this new volume Habermas takesup the philosophical questions of truth, objectivity and realityfrom the perspective of his linguistically-based pragmatic theory.The final section addresses the limits of philosophy and reassessesthe relation between theory and practice from a perspective thatcould be described as 'post-Marxist'. This volume, now available in paperback as well, by one of the world's leading philosophers willbe essential reading for students and scholars of philosophy,social theory and the humanities and social sciences generally. (shrink)