Dworkin, Habermas, and the cls movement on moral criticism in law

Philosophy and Social Criticism 16 (4):237-268 (1990)
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Abstract

CLS advocates renew Marx's critique of liberalism by impugning the rationality of formal rights. Habermas and Dworkin argue against this view, while showing how liberal polity might permit reasonable conflicts between competing principles of right. Their models of legitimate legislation and adjudication, however, presuppose criteria of rationality whose appeal to truth ignores the manner in which law is--and sometimes ought to be--compromised. Hence a weaker version of the CLS critique may be applicable after all. I begin by discussing Weber's exclusion of morality from law. After criticizing economic and functionalist legal theory I show that the inconsistencies CLS scholars find in liberal doctrine are exaggerated. I conclude with a discussion of Dworkin and Habermas

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David Ingram
Loyola University, Chicago

Citations of this work

Introduction: Law in Habermas's theory of communicative action.Mathieu Deflem - 1994 - Philosophy and Social Criticism 20 (4):1-20.
Habermas, modernity and law: A bibliography.Mathieu Deflem - 1994 - Philosophy and Social Criticism 20 (4):151-166.
Introduction: law in Habermas's theory of communicative action.Mathieu Deflem - 1994 - Philosophy and Social Criticism 20 (4):1-20.
Communicative Action in History.Sean D. Stryker - 2000 - European Journal of Social Theory 3 (2):215-234.

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References found in this work

The critical legal studies movement.Roberto Mangabeira Unger - 1986 - Cambridge, Mass.: Harvard University Press.

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