Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 14 August 2018

Abstract and Keywords

Jürgen Habermas’s Between Facts and Norms purports to offer a new way of understanding law and democracy in liberal orders. The scale and ambition of the book matches Hegel’s Philosophy of Right but the take-home message is neo-Kantian: our future depends on getting the right balance between the protection of individual autonomy and the promotion of collective solidarity in the democratic self-organization of our political communities. This chapter unpacks and demystifies the difficult arguments of this book and offers a sympathetic interpretation of Habermas’s political philosophy, including its theory of legitimacy and its connection to his discourse ethics. The core claim assessed in this chapter is that the modern legal system cannot function properly without the support of radical democracy.

Keywords: Jürgen Habermas, democracy, law, legitimacy, discourse ethics

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.