Unjust Legality : A Critique of Habermas's Philosophy of Law
Book Details
Format
Paperback / Softback
Book Series
New Critical Theory
ISBN-10
0742512614
ISBN-13
9780742512610
Publisher
Bloomsbury Publishing Plc
Imprint
Rowman & Littlefield Publishers
Country of Manufacture
US
Country of Publication
GB
Publication Date
Oct 16th, 2001
Print length
224 Pages
Weight
275 grams
Dimensions
22.20 x 14.10 x 1.30 cms
Product Classification:
Social & political philosophyJurisprudence & philosophy of law
Ksh 8,250.00
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This is an interpretation and critique of Habermas's philosophy of law in his "Between Facts and Norms", which James Marsh feels is flawed by a fundamental contradiction: the notion of a democracy ruled by law and capitalism.
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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