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as Modernity and Law (1996)

as Modernity and Law (1996)

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Published by: DongMinLee on Jul 04, 2010
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10/23/2012

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HABERMAS,
MODERNITY
AND LAW
EDITED
BY
Mathieu Deflem
($)
SAGE Publications
london
Thousand Oaks New Delhi
 
©
Sage Publications 1996This edition first published 1996Previously published as
a
Special Issue of the journal
Philosophy and Social Criticism,
volume
20
(1994),number 4,All rights reserved,
Nopart
of this publication may bereproduced, stored in a retrieval system. transmitted orutilized in any form
or
by any means, electronic, mechanical,photocopying, recording or otherwise, without permission inwriting from the Publishers,
@
SAGE
Publications Ltd
6
Bonhill
Street
London
EC2A
4PU
SAGE
Publications Inc2455 Teller
Road
Thousand
Oaks,
California
91320
SAGE
Publications India Pvl Ltd32,
M ~ B l o c l c
 
MarketGreater
Kailash-I
New Delhi
110048
British
Library
Cataloguing in Publkation
data
A catalogue record for this bookis available from the British Library
ISBN0761951369
ISBN 0 7619 5137 7
(pbk)
Library or Congress catalog record available
Contents
MATHIEU DEFLEM
Introduction:
law
in
Habennas's
theory
of
communicative action
1
DAVID M. RASMUSSEN
How
is
valid law possible?
A
reView
of
Between
Facts and
Norms
by
Jurgen
Habermas
21
PIERRE
GUIBENTIF
Approaching the
production
of
law
through Habermas's
concept
of
communicative
action
45
PETER
BAL
Discourse
ethics
and
human
rights
in
criminal
procedure
71
BERNHARDPETERS
On
reconstructive
legal
and
political
theory
101
JURGEN
HABERMAS
Postscript
to
Between
Facts
and
Norms
135
MATHIEU
DEFL.EM
Habermas,
modernity
and law:
a
bibliography
151
INDEX
170
Typeset by Type Study, Scarborough, North YorkshirePrinted in
Great
Britain by The Cromwell Press
Ltd,
Broughton Gifford. Melksham, Wiltshire
 
Mathieu Deflem
Introduction:
law
inHabermas's theory ofcommunicative action
The papers in this collection present themes of discussion pertinent tolaw and legal processes raised by
the
perspective of
jurgen
Habermas's
theory
of
communicative action.
Haberrnas's
writings are
widely
acclaimed among the major contributions
to
the theoretical
under
standing of contemporary society, and specifically his legal theory hassince recent years become a topic of growing scholarly attention.However, to date, the debate on Habermas and law has largely beenconfined to a predominantly European audience of specialists in thetradition of Critical Theory,
and
most discussions have taken place inmoral and legal philosophy rather than in empirically oriented studiesof law.' Given the growing concern in the field
of
legal studies tointerconnect broad philosophical and theoretical perspectives withempirically based research on specific social issues -an aspirationwhich is in fact central to Haberrnas's
work
-the contributions in thisbook hope to fulfill a twofold purpose.First, this collection seeks to acquaint legal scholars, in thebroadest sense of the term, who are as yet not familiar withHaberrnas's
perspective,
with
an innovative contribution to the study
of modern societies, specifically concerning issues
and
problems oflaw. This volume hopes to provide insights
that
clarify Habermas'stheory of society and its approach to law, discuss some of its values andlimitations, and suggest ways in which Habermas's
work
maycontribute to the theoretical understanding as well as the empiricalinvestigation of law
and
law-related processes.Second, the papers in this book represent a range of different

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