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Eduardo A. Chia, Daniel Dodds - Jürgen Habermas and the Fragile Legitimacy of Modern Law, Inbunden

Inbunden, Engelska, 2027

Jürgen Habermas and the Fragile Legitimacy of Modern Law

Essays on Legality, Democracy, and Global Justice

Av Eduardo A. Chia, Daniel Dodds

Del i serien Nomos Studies in Law, Culture and Power

2454 kr

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This volume offers a collection of original essays by leading scholars in which they undertake critical reassessments of Jürgen Habermas as a legal thinker. The book covers the full arc of Habermas’s work, addressing his thought not as a closed system but as an open, evolving framework.Through a series of close engagements with Habermas’s discursive theory of law and the democratic constitutional state, the volume approaches the legitimacy of modern law not as a settled status but as a fragile, ongoing achievement. The contributors offer different answers to the question of whether Habermas’s account of legal legitimacy warrants reassessment or adaptation, and of how far it still holds in the face of the crises and transformations that have reshaped the nation-state and recast the international legal order. They also consider the shifts in theoretical perspective that have accompanied these transformations. Drawing on an international dialogue that includes the Global South, the contributors return to the foundations of Habermas’s legal philosophy, test its relevance in the face of the economic and political forces that are now challenging its central categories, and follow it into debates about law and its normativity, radical democracy, social domination, human rights, transnational legal orders, and the emancipatory potential of law.This volume will appeal to scholars, academics, and students of philosophy of law and jurisprudence, social, legal, and political theory, the sociology of law, and constitutional theory, as well as those interested in intellectual history, social sciences, critical theory, and the Frankfurt School.
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Eduardo A. Chia is a doctoral researcher in the Faculty of Law, Goethe University Frankfurt.Daniel Dodds is a postdoctoral researcher in the Faculty of Law, University of Helsinki.

Recensioner i media

The late Jürgen Habermas’s imposing legal-theoretical contributions have still not received the careful attention they deserve. Neglected by many critical theorists because of their (alleged) liberalism, and by legal scholars because unavoidably philosophical and sociological, Habermas’s writings on constitutional democracy and the rule of law pose profound challenges to a wide range of conventional legal and political-theoretical positions. With constitutional democracy facing a worldwide attack by wannabe autocrats who belittle its achievements, Habermas’s critical reconstruction of its core elements is more relevant than ever. This rich collection of essays makes an important contribution to recalling and, in some cases, systematically revitalising Habermas’s legacy for contemporary legal and political theory.William E. Scheuerman, Rudy Professor, Indiana University Bloomington.These widely ranging essays provide a thorough assessment of Habermas’s theory of law and democracy—historically contextualizing that work, assessing its position in the theoretical landscape, and debating its innovations, strengths, and weak spots. The contributors include voices from around the globe, from Canada to Australia, Nordic Europe and Germany to Brazil and Chile. Scholars of Habermas will find that this collection deepens their understanding of issues that attend his legal-democracy theory. As such, it should prove to be a useful, even provocative resource for their own work, and I highly recommend it.William Rehg, S.J., Department of Philosophy, Saint Louis University.This intriguing volume brings together cutting edge work by both established and rising scholars that poses questions about the continuing relevance of Habermas’s legal thought for our rapidly transforming world. Notably, it poses Habermas’s central questions about law, legitimacy, democracy and human rights beyond the Westphalian and North Atlantic context in which he first conceived of his project, bringing in scholarly considerations from the Global South and about transnational legal structures.This book is essential reading for those interested in the legitimacy of law and the normative resources of democracy, constitutionalism and human rights in confronting changing constellations across the globe.Christopher F. Zurn, Professor & Chair, Philosophy, University of Massachusetts Boston.The book provides a solid introduction to and a fresh appraisal of Habermas’s contribution to legal philosophy. It discusses Habermas’s view of modern law’s precarious location between morals and politics and its fragile legitimacy as an ever-recurring task. The authors include both acknowledged Habermas scholars and young researchers from diverse cultural backgrounds.Kaarlo Tuori, Professor of Jurisprudence (Emeritus), University of Helsinki.Amid the turbulences of democratic backsliding, this book very timely and persuasively defends “the fragile legitimacy of modern law”. The thoughtful analyses here assembled not only illuminate and honour Jürgen Habermas’s legal and political theory but also bring to life his cosmopolitan commitments and his gestalt as an unyielding political intellectual. Against the zeitgeist of conformity and timidity, these authors demonstrate resilience and raise the torch of critical thought.Günter Frankenberg, Senior (Emeritus) Professor of Law, Goethe University Frankfurt.

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