Description

Book Synopsis
The chief concern of this book is to discuss a democratic legitimation for modern law. Investigation is therefore steered towards current debates on processes of Europeanisation and the issue of self-constitutionalisation of a democratic polity. This turns out to be a complex concept referring to the threefold constitutionalisation: legal, institutional and horizontal, and hence to processes of evolutionary constitution making as well as institutional and societal constitutionalisation. Developing democratic legitimation in post-conventional terms rests on the presumption of increasing the processes of incrementally rationalising lifeworlds and unveils the role of the practical power of judgement transferred from the concept of a (monological) subject to the (dialogical-discursive) public spheres.

Table of Contents
Contents: Democratic legitimation – Processes of Europeanisation – CJEU – Self-reflexive polity – Self-constitutionalisation – Constitutional patriotism – Public sphere – Normativity, values and norms – Ronald Dworkin – Neil MacCormick – Jürgen Habermas – Contractarianism – Counterfactual yardstick – Political morality – Deontology.

The Counterfactual Yardstick: Normativity,

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    A Hardback by Karolina Cern

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      Book details

      Publisher Peter Lang AG
      Published 25 September 2014
      ISBN-13 9783631654880
      978-3631654880
      ISBN-10 363165488X

      Description

      Book Synopsis
      The chief concern of this book is to discuss a democratic legitimation for modern law. Investigation is therefore steered towards current debates on processes of Europeanisation and the issue of self-constitutionalisation of a democratic polity. This turns out to be a complex concept referring to the threefold constitutionalisation: legal, institutional and horizontal, and hence to processes of evolutionary constitution making as well as institutional and societal constitutionalisation. Developing democratic legitimation in post-conventional terms rests on the presumption of increasing the processes of incrementally rationalising lifeworlds and unveils the role of the practical power of judgement transferred from the concept of a (monological) subject to the (dialogical-discursive) public spheres.

      Table of Contents
      Contents: Democratic legitimation – Processes of Europeanisation – CJEU – Self-reflexive polity – Self-constitutionalisation – Constitutional patriotism – Public sphere – Normativity, values and norms – Ronald Dworkin – Neil MacCormick – Jürgen Habermas – Contractarianism – Counterfactual yardstick – Political morality – Deontology.

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