Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy [Book Review]

Review of Metaphysics 51 (1):153-154 (1997)
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Abstract

This work, translated from the German, is divided into nine chapters with a preface plus a very helpful introduction by the translator. There is also a postscript by Habermas, as well as a reprinting of two earlier papers on related topics. The book is intended as a contribution to contemporary political philosophy, and, as such, Habermas accepts certain assumptions in advance and does not attempt to argue for them at any length. The first is the “linguistic turn” in philosophy, the antirealist view that all knowledge is in some sense constructed by human culture and language. The second is the failure of natural law theory. Hence, his task is to engage in political philosophy in a “post-metaphysical age,” an age which requires a “procedural reason... that puts itself on trial”. Against this background, the political philosopher must avoid the twin pitfalls of subordinating law to a transcendentally grounded morality and of identifying law with a particular tradition’s view of the good life.

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Brendan Sweetman
Rockhurst University

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