Habermas's Sociological and Normative Theory of Law and Democracy: A Reply to Wirts, Flynn, and Zurn

Philosophy and Social Criticism 40(2) pp. 225-34 (2014)

Boston Univ. School of Law, Law and Economics Research Paper

10 Pages Posted: 6 Oct 2015  

Hugh W. Baxter

Boston University - School of Law

Date Written: 2014

Abstract

In "Between Facts and Norms" (1996) Habermas presents the more straightforward normative discourse theory of law and democracy, in terms of contemporary legal orders, and then examines, in terms of social theory, whether the theory is plausible, given the complex nature of today’s conditions. The following article focuses in particular on Habermas’ social theory. It is critical of Habermas’ idea of ‘the lifeworld’ and discusses whether the circulation-of-power model might be mapped onto the system – lifeworld model.

Keywords: Democracy, Jürgen Habermas, law, lifeworld, social systems theory

Suggested Citation

Baxter, Hugh W., Habermas's Sociological and Normative Theory of Law and Democracy: A Reply to Wirts, Flynn, and Zurn (2014). Philosophy and Social Criticism 40(2) pp. 225-34 (2014); Boston Univ. School of Law, Law and Economics Research Paper. Available at SSRN: https://ssrn.com/abstract=2670055

Hugh W. Baxter (Contact Author)

Boston University - School of Law ( email )

765 Commonwealth Avenue
Boston, MA 02215
United States

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