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The Concept of Law from a Transnational Perspective
This book brings together the fruits of different traditions in legal philosophy and draws on them to develop a systematic thesis on the concept of law. The work uses a legal model to explore the underlying question of how the current phenomena of transnational law are best understood, in combination with an examination of the traditions of Jürgen Habermas's critical theory and H.L.A. Hart's analytic jurisprudence. This leads the author to conclude that the key to a fruitful dialogue and comprehensive understanding is to appreciate that the concept of law is not state-cantered and must reflect relationships to other legal systems.
Jurgen Habermas
A rare systematic thinker, Habermas has furthered our understanding of modernity, social interaction and linguistic practice, societal institutions, rationality, morality, the law, globalization, and the role of religion in multicultural societies. He has helped shape discussions of truth, objectivity, normativity, and the relationship between the human and the natural sciences. This volume provides an accessible and comprehensive conceptual map of Habermas' theoretical framework and its key concepts, including the theory of communicative action, discourse ethics, his social-political philosophy and their applications to contemporary issues. It will be an invaluable resource for both novice readers of Habermas and those interested in a more refined understanding of particular aspects of his work.
The Right to Justification
Contemporary philosophical pluralism recognizes the inevitability and legitimacy of multiple ethical perspectives and values, making it difficult to isolate the higher-order principles on which to base a theory of justice. Rising up to meet this challenge, Rainer Forst, a leading member of the Frankfurt School's newest generation of philosophers, conceives of an "autonomous" construction of justice founded on what he calls the basic moral right to justification. Forst begins by identifying this right from the perspective of moral philosophy. Then, through an innovative, detailed critical analysis, he ties together the central components of social and political justice--freedom, democracy, eq...
Truth and Justification
In this important new book, Jürgen Habermas takes up certain fundamental questions of philosophy. While much of his recent work has been concerned with issues of morality and law, in this new work Habermas returns to the traditional philosophical questions of truth, objectivity and reality which were at the centre of his earlier classic book Knowledge and Human Interests. How can the norms that underpin the linguistically structured world in which we live be brought into step with the contingency of the development of socio-cultural forms of life? How can the idea that our world exists independently of our attempts to describe it be reconciled with the insight that we can never reach realit...
Moving Ourselves, Moving Others
The close relationship between motion (bodily movement) and emotion (feelings) is not an etymological coincidence. While moving ourselves, we move others; in observing others move – we are moved ourselves. The fundamentally interpersonal nature of mind and language has recently received due attention, but the key role of (e)motion in this context has remained something of a blind spot. The present book rectifies this gap by gathering contributions from leading philosophers, psychologists and linguists working in the area. Framed by an introducing prologue and a summarizing epilogue (written by Colwyn Trevarthen, who brought the phenomenological notion of intersubjectivity to a wider audience some 30 years ago) the volume elaborates a dynamical, active view of emotion, along with an affect-laden view of motion – and explores their significance for consciousness, intersubjectivity, and language. As such, it contributes to the emerging interdisciplinary field of mind science, transcending hitherto dominant computationalist and cognitivist approaches. Now Open Access as part of the Knowledge Unlatched 2017 Backlist Collection.
The Essentials of Habermas
This book offers a conceptual map of Habermas’ philosophy and a systematic introduction to his work. It does so by systematically examining six defining themes—modernity, discourse ethics, truth and justice, public law and constitutional democracy, cosmopolitanism, and toleration—of Habermas' philosophy as well as their inner logic. The text distinguishes itself in content and perspective by offering a very clear conceptual map and by providing a new interpretation of Habermas’ views in light of his overarching system. In terms of scope, the book touches upon Habermas’ broad range of works. As for method, the text illustrates key concepts in his philosophy making it a useful reference aid. It appeals to students and scholars in the field looking for a current introductory text or supplementary reading on Habermas.
The Palgrave Handbook of Critical Theory
This handbook is the only major survey of critical theory from philosophical, political, sociological, psychological and historical vantage points. It emphasizes not only on the historical and philosophical roots of critical theory, but also its current themes and trends as well as future applications and directions. It addresses specific areas of interest that have forged the critical theory tradition, such as critical social psychology, aesthetics and the critique of culture, communicative action, and the critique of instrumental reason. It is intended for those interested in exploring the influential paradigm of critical theory from multiple, interdisciplinary perspectives and understanding its contribution to the humanities and the social sciences.
The Participatory Turn
Cuts through traditional debates to argue that religious phenomena are cocreated by human cognition and a generative spiritual power.
Fictional Discourse and the Law
Drawing on insights from literary theory and analytical philosophy, this book analyzes the intersection of law and literature from the distinct and unique perspective of fictional discourse. Pursuing an empirical approach, and using examples that range from Victorian literature to the current judicial treatment of rap music, the volume challenges the prevailing fact–fiction dichotomy in legal theory and practice by providing a better understanding of the peculiarities of legal fictionality, while also contributing further material to fictional theory’s endeavor to find a transdisciplinary valid criterion for a definition of fictional discourse. Following the basic presumptions of the early law-as-literature movement, past approaches have mainly focused on textuality and narrativity as the common denominators of law and literature, and have largely ignored the topic of fictionality. This volume provides a much needed analysis of this gap. The book will be of interest to scholars of legal theory, jurisprudence and legal writing, along with literature scholars and students of literature and the humanities.
Pragmatism and Reference
An argument that a pragmatist approach to reference offers a corrective to the prevailing analytic views on the topic. Despite a recent revival of interest in pragmatist philosophy, most work in the analytic philosophy of language ignores insights offered by classical pragmatists and contemporary neopragmatists. In Pragmatism and Reference, David Boersema argues that a pragmatist perspective on reference presents a distinct alternative—and corrective—to the prevailing analytic views on the topic. Boersema finds that the pragmatist approach to reference, with alternative understandings of the nature of language, the nature of conceptualization and categorization, and the nature of inquiry...
