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Habermas, modernity, and law

Thousand Oaks, Calif.: Sage Publications (1996)

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  1. The Dialectic between Romanticism and Classicism in Europe.Marinus Ossewaarde - 2007 - European Journal of Social Theory 10 (4):523-542.
    This article provides an application of Alvin Gouldner's dialectic between Romanticism and Classicism to the constitutional process of European identity formation. Gouldner introduced his dialectical sociology in a critical attempt to destroy compulsive identification with any fixed idea of order. In an attempt to destroy compulsive identification with any Romantic or classical idea of Europe, this article shows how Europe's identity, as it has been represented in the Constitutional Treaty (CT), as well as in sociological works, is being shaped by (...)
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  • The Rationality of Legal Discourse in Habermas's Discourse Theory.Eveline T. Feteris - 2003 - Informal Logic 23 (2):139-159.
    This paper argues that Habermas's conception of the rationality of moral and legal discussions has import for argumentation theorists interested in the rationality of public deliberations in politics and law. I begin with a survey of Haber mas's discourse theory and his criteria of rationality for moral and legal discourse. I then explain why, in his view, the forms of rational discourse in morality and law complement each other. My aim is to show how Habermas's account of this complementary relationship (...)
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