David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Ratio Juris 22 (4):510-531 (2009)
In this article we consider certain elements of the normative theory of Jürgen Habermas in the light of the proposals of Bruce Ackerman, with a view to strengthening a concept of deliberative democracy applied to the legitimation of juridical rules. We do not construct a hierarchy of the two positions, but seek to bring together certain elements to achieve a common project. As the starting point for examining the work of the two authors, we take the scheme proposed by Habermas in Faktizität und Geltung . In this connection, through the work of Ackerman, we intend to fill in some of the gaps that Habermas appears to have left in the theory of radical democracy applied to the law. The work of Ackerman can make a significant contribution to deliberative democracy, to the discourse principle that Habermas defines, and to the contractualist theories from a liberal perspective. The study of these contributions makes possible a critical judgment that enables the legitimation of juridical rules carried out by Habermas to acquire greater practicity. In examining the epistemological status of juridical science and law, we attempt to determine the weight and the performance of normative democracy. In Tarr's view, it is a matter for philosophers to examine direct democracy and its desirability.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Nader Saiedi (1987). A Critique of Habermas' Theory of Practical Rationality. Studies in East European Thought 33 (3):251-265.
Jon Mahoney (2001). Rights Without Dignity? Some Critical Reflections on Habermas's Procedural Model of Law and Democracy. Philosophy and Social Criticism 27 (3):21-40.
Mitchell Aboulafia, Myra Orbach Bookman & Cathy Kemp (eds.) (2002). Habermas and Pragmatism. Routledge.
Alessandro Ferrara (1999). Justice and Judgment: The Rise and the Prospect of the Judgment Model in Contemporary Political Philosophy. Sage.
Mathieu Deflem (ed.) (1996). Habermas, Modernity, and Law. Sage Publications.
Hugh Baxter (2011). Habermas: The Discourse Theory of Law and Democracy. Stanford Law Books.
Deborah Cook (2001). Habermas on Reason and Revolution. Continental Philosophy Review 34 (3):321-338.
Added to index2009-11-26
Total downloads17 ( #114,784 of 1,692,696 )
Recent downloads (6 months)2 ( #108,995 of 1,692,696 )
How can I increase my downloads?