Chapter 1 Preface Chapter 2 Toward a Critique of Habermas's Philosophy of Law Chapter 3 The Tension between Facticity and Validity Chapter 4 On Mediating Private and Public Autonomy: The Genesis of Rights Chapter 5 The Genesis of the State Chapter 6 Law and Jurisprudence Chapter 7 Deliberative Politics and Administrative Social Power Chapter 8 The Public Sphere, Civil Society, and the Rule of Capital Chapter 9 The Different Paradigms of Law and the Difference They Make Chapter 10 The Achievement and Limits of Habermas's Philosophy of Law
James L. Marsh is professor of philosophy at Fordham University in Bronx, New York.
Professor Marsh, a self-styled 'disillusioned Habermasian,' offers
a careful, somber 'reality check' to the comparatively favorable
vision of contemporary society that Habermas presents in his
significant work, Between Facts and Norms. At the sametime, the
ultimate, and in fact quite successful, aim of Marsh's analysis is
the positive one of reworking Habermas' own best insights back in
the direction of a genuinely critical theory of modern
society....
*William L. McBride, Purdue University*
Marsh has produced an outstanding and accessible text that provides
a badly needed left critique of Habermas' philosophy of law.
*Science & Society*
Marsh displays an impressive mastery of Habermas's texts that few
others have attained. His commentary on Between Facts and Norms is
exceptionally clear and jargon-free, not to mention chock full of
illuminating examples and references to the real world. Above all,
its sympathetic treatment of the basic project of Habermas's
masterpiece is judiciously balanced by a critique of Habermas's
failure to consistently carry that project through to the
end....
*David Ingram, Loyola University, Chicago*
Marsh displays an impressive mastery of Habermas's texts that few
others have attained. His commentary on Between Facts and Norms is
exceptionally clear and jargon-free, not to mention chock full of
illuminating examples and references to the real world. Above all,
its sympathetic treatment of the basic project of Habermas's
masterpiece is judiciously balanced by a critique of Habermas's
failure
to consistently carry that project through to
the end.
*David Ingram, Loyola University, Chicago*
Professor Marsh, a self-styled 'disillusioned Habermasian,' offers
a careful, somber 'reality check' to the
comparatively favorable vision of contemporary society that
Habermas presents in his significant work, Between Facts and Norms.
At the same time, the ultimate, and in fact quite successful, aim
of Marsh's analysis is the positive one of reworking
Habermas' own best insights back in the direction of a genuinely
critical theory of modern society.
*William L. McBride, Purdue University*
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