Description

This book is an interpretation and critique of Habermas's philosophy of law in his Between Facts and Norms. The main point is that, while Habermas is insightful in laying out a new conceptual and methodological foundation for the philosophy of law, the book is flawed by a fundamental contradiction: that between the notion of a democracy ruled by law and capitalism. Because capitalism is essentially undemocratic both in its internal economic workings and its intended, structural effect on culture and politics, it must adversely affect the most important institutions in western democratic society, the legislature, judiciary, state administration, and public sphere. As a result, instead of a nation effectively "of, by, and for the people," there exists one that is essentially "of, by, and for capital."

Unjust Legality: A Critique of Habermas's Philosophy of Law

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Hardback by James L. Marsh

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This book is an interpretation and critique of Habermas's philosophy of law in his Between Facts and Norms. The main... Read more

    Publisher: Rowman & Littlefield
    Publication Date: 23/10/2001
    ISBN13: 9780742512603, 978-0742512603
    ISBN10: 0742512606

    Number of Pages: 224

    Non Fiction , Politics, Philosophy & Society

    Description

    This book is an interpretation and critique of Habermas's philosophy of law in his Between Facts and Norms. The main point is that, while Habermas is insightful in laying out a new conceptual and methodological foundation for the philosophy of law, the book is flawed by a fundamental contradiction: that between the notion of a democracy ruled by law and capitalism. Because capitalism is essentially undemocratic both in its internal economic workings and its intended, structural effect on culture and politics, it must adversely affect the most important institutions in western democratic society, the legislature, judiciary, state administration, and public sphere. As a result, instead of a nation effectively "of, by, and for the people," there exists one that is essentially "of, by, and for capital."

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