Overview
- Deals with Habermas’ reconstruction of the system of rights in relation to the modern critique of law
- Considers both of Habermas’ central works: The Theory of Communicative Action and Between Facts and Norms
- Contributes to discussions about the possibilities and the limitations of rights as vocabulary of emancipation
- Includes supplementary material: sn.pub/extras
Part of the book series: International Political Theory (IPoT)
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Table of contents (5 chapters)
Keywords
- Jürgen Habermas
- law and political theory
- human rights and political theory
- democratic theory
- sociology of law
- the dialectic of law
- The Theory of Communicative Action
- Between Facts and Norms
- Christophe Menke
- Welfare State Law
- private and public autonomy
- political philosophy
- political theory of Jürgen Habermas
- Habermas and the critique of law
- Modern Critique of Law
- Habermas and emanicipation
- democracy
About this book
This book focuses on Jürgen Habermas’ theorising on law, rights and democracy in light of the modern critique of law. The latter tradition, which goes back to Hegel and Marx, has addressed the limitations of rights as vocabulary of emancipation and law as language of autonomy. Since Habermas claims that his reconstruction of private and public autonomy has an emancipatory aim, the author has chosen to discuss it in the context of the modern critique of law. More specifically, the study addresses the need to consider the dialectic of law, in which law is both a condition for emancipation and domination, when discussing what law and rights permit. It will appeal to students and scholars across the fields of political theory, law and legal criticism, as well as sociology and sociology of law.
Authors and Affiliations
About the author
Mikael Spång is Associate Professor of Political Science at Malmö University, Sweden. He has published articles and books on political and social theory, in both Swedish and English. Among recent publications is Constituent Power and Constitutional Order (Palgrave, 2014).
Bibliographic Information
Book Title: Emancipation, Democracy and the Modern Critique of Law
Book Subtitle: Reconsidering Habermas
Authors: Mikael Spång
Series Title: International Political Theory
DOI: https://doi.org/10.1007/978-3-319-62890-5
Publisher: Palgrave Macmillan Cham
eBook Packages: Political Science and International Studies, Political Science and International Studies (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s) 2018
Hardcover ISBN: 978-3-319-62889-9Published: 22 August 2017
Softcover ISBN: 978-3-319-87421-0Published: 07 August 2018
eBook ISBN: 978-3-319-62890-5Published: 08 August 2017
Series ISSN: 2662-6039
Series E-ISSN: 2662-6047
Edition Number: 1
Number of Pages: IX, 131
Topics: Political Theory, Democracy, Theories of Law, Philosophy of Law, Legal History, Philosophy of Law