Unjust Legality A Critique of Habermas's

This book is an interpretation and critique of Habermas's philosophy as contained in his book, Between Facts and Norms. The main argument is that while Habermas does succeed in laying out foundations, conceptual and methodological, for the philosophy of law, the book is flawed by a fundamental contradiction between a democracy ruled by law and capitalism. Visit our website for sample chapters!

James L. Marsh is professor of philosophy at Fordham University in Bronx, New York.

Preface

ix

Toward a Critique of Habermas's Philosophy of Law

1

(14)

The Tension between Facticity and Validity

15

(18)

On Mediating Private and Public Autonomy: The Genesis of Rights

33

(22)

The Genesis of the State

55

(22)

Law and Jurisprudence

77

(26)

Deliberative Politics and Administrative Social Power

103

(20)

The Public Sphere, Civil Society, and the Rule of Capital

123

(30)

The Different Paradigms of Law and the Difference They Make

153

(24)

The Achievement and Limits of Habermas's Philosophy of Law

177

(18)

Select Bibliography

195

(4)

Index

199

(4)

About the Author

203

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Unjust Legality A Critique of Habermas's Philosophy of Law

Summary

Author Biography

Table of Contents

Supplemental Materials