Discourse Theory of Law in Times of Populism

7 Pages Posted: 19 May 2020

See all articles by Christian Marxsen

Christian Marxsen

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Comparative Public Law and International Law

Date Written: September 2019

Abstract

Jürgen Habermas's discourse theory of law has shaped debates on what we consider to be legitimate law. This contribution will firstly identify the Zeitgeist in which discourse theory emerged. Secondly, it points out the emancipatory potential of law that discourse theory has helped us to understand, both on a domestic and a transnational level. Thirdly, the paper turns to discuss two recent challenges for the discourse theory of law, namely (a) the realities of social power that undermine and contradict its promises, and (b) the rise of populism, which places the core normative assumptions of discourse theory in doubt.

Suggested Citation

Marxsen, Christian, Discourse Theory of Law in Times of Populism (September 2019). European Law Journal, Vol. 25, Issue 5, pp. 480-486, 2019, Available at SSRN: https://ssrn.com/abstract=3600336 or http://dx.doi.org/10.1111/eulj.12343

Christian Marxsen (Contact Author)

Max Planck Society for the Advancement of the Sciences - Max Planck Institute for Comparative Public Law and International Law ( email )

Im Neuenheimer Feld 535
69120 Heidelberg, 69120
Germany

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