1st Edition

Habermas and Law

Edited By Hugh Baxter Copyright 2017

    Habermas and Law makes accessible the most important essays in English that deal with the application to law of the work of major philosophers for whom law was not a main concern. It encompasses not only what these philosophers had to say about law but also brings together essays which consider those aspects of the work of major philosophers which bear on our interpretation and assessment of current law and legal theory. The essays are based on scholarly study of particular philosophers and deal with both the nature and role of law and the application of philosophy to specific areas of law.

    Table of Contents for Habermas and Law

    Hugh Baxter

    1. The Emergence and Development of Law as a Central Theme in Habermas’s Thought

    1. William Scheuerman, "Capitalism, Law, and Social Criticism," Constellations 20:571-86 (2013) (16 pp.)

    2. Grounding of Basic Rights

    2. Robert Alexy, "Basic Rights and Democracy in Jürgen Habermas’s Procedural Paradigm of the Law," Ratio Juris 7:227-38 (1994) (12 pp.)

    3. Jørgen Pedersen, "Justification and Application: The Revival of the Rawls-Habermas Debate," Philosophy of the Social Sciences, 42:399-432 (2012) (34 pp.)

    3. Democratic Deliberation

    4. Amy Allen, "The Unforced Force of the Better Argument: Reason and Power in Habermas’ Political Theory," 19 Constellations 353 (2012) (16 pp.)

    5. Stephen K. White and Evan Robert Farr, "No-Saying in Habermas," 40 Political Theory 32-57 (2011) (26 pp.)

    6. Daniel Munro, "Norms, Motives, and Radical Democracy: Habermas and the Problem of Motivation," Journal of Political Philosophy, 15:447-72 (2007) (26 pp.)

    4. Constitutions and Judicial Review

    7. Frank Michelman, "Morality, Identity, and Constitutional Patriotism," Ratio Juris 14:253-71 (2001) (18 pp.)

    8. Ciaran Cronin, "On the Possibility of a Democratic Constitutional Founding: Habermas and Michelman in Dialogue," Ratio Juris 19:343-69 (2006) (27 pp.)

    9. Todd Hedrick, "Coping with Constitutional Indeterminacy," Philosophy and Social Criticism 36:183-208 (2010) (26 pp.)

    10. Kevin Olson, "Paradoxes of Constitutional Democracy," 51 American Journal of Political Science 51:330-43 (2007) (14 pp.)

    11. Robert Alexy, "Constitutional Rights, Balancing, and Rationality," Ratio Juris 16:131-40 (2003) (10 pp.)

    5. Religion and the Public Sphere

    12. Cristina Lafont, "Religion in the Public Sphere: Remarks on Habermas' Conception of Public Deliberation in Post-secular Societies," Constellations 14:239-259 (2007)

    13. James W. Boettcher, "Habermas, Religion, and the Ethics of Citizenship," Philosophy and Social Criticism 35:215-38 (2009) (24 pp).

    14. Badredine Arfi, "Habermas and the Aporia of Translating Religion in Democracy," European Journal of Social Theory 18:__-___ (forthcoming) (2015) [pre-print publication online 12-11-14] (18 pages)

    6. Globalization and democracy beyond the nation-state

    15. Justine Lacroix, "Does Europe Need Common Values? Habermas vs. Habermas," European Journal of Political Theory 8:141 (2009) (16 pp.)

    16. Matthias Kumm, Why Europeans Will Not Embrace Constitutional Patriotism, International Journal of Constitutional Law, 6:117–136 (2008) (20 pp.)

    17. Nancy Fraser, Transnationalizing the Public Sphere: On the Legitimacy and Efficacy of Public Opinion in a Post-Westphalian World, Theory, Culture, and Society 24:7-30 (2007) (24 pp.)

    18. Adam Lupel, "Tasks of a Global Civil Society: Held, Habermas, and Democratic Legitimacy beyond the Nation-State," Globalizations 2:117–133 (2005) (17 pp.)

    19. Pauline Johnson, Globalizing Democracy, "Reflections on Habermas’s Radicalism," 17 European Journal of Social Theory 11:71-86 (2008) (16 pp.)

    20. Jonathan Trejo-Mathys, Towards a Discourse-Theoretical Account of Authority and Obligation in the Postnational Constellation, Philosophy and Social Criticism 38:537 (2012) (32 pp.)


    Hugh Baxter is Professor of Law and Philosophy at Boston University, USA