The Counterfactual Yardstick : Normativity, Self-Constitutionalisation and the Public Sphere
New
Book Details
Format
Hardback or Cased Book
Book Series
DIA-LOGOS
ISBN-10
363165488X
ISBN-13
9783631654880
Edition
New
Publisher
Peter Lang AG
Imprint
Peter Lang AG
Country of Manufacture
DE
Country of Publication
GB
Publication Date
Sep 25th, 2014
Print length
315 Pages
Weight
520 grams
Dimensions
15.70 x 27.00 x 2.50 cms
Product Classification:
Social & political philosophyPolitical ideologiesJurisprudence & general issues
Ksh 11,850.00
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The book discusses a democratic legitimation for modern law. Debates on Europeanisation are taken into account. Ronald Dworkin’s, Neil MacCormick’s and Jürgen Habermas’s standpoints on relations between the law and the public sphere are investigated. Concepts of self-reflexive polity, self-constitutionalisation, constitutional patriotism are analysed.
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.
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