In "Between Facts and Norms" Habermas works out the legal and
political implications of his theoretical approach, bringing to
fruition the project announced more than three decades ago in "The
Structural Transformation of the Public Sphere. Between Facts and
Norms" is a major contribution to current debates on the role of
law and the prospects for the development of democracy in
contemporary societies. Habermas develops a distinctive account of
the nature of law, arguing that law is characterized by an internal
tension between factual and normative aspects. He links this
account to a broader argument concerning the formation of the
modern constitutional state and the role of democratic deliberation
as a means of securing the legitimacy of legal norms in complex,
pluralistic societies.
Habermas develops a proceduralist conception of democracy which
emphasizes the importance of citizens organizing themselves in
informal associations and voicing their concerns in a variety of
public settings. If the formal processes of law-making in modern
societies are to sustain their legitimacy, they must be capable of
taking account of the concerns of ordinary citizens. In our
complex, pluralistic societies, the legitimacy of political
decision-making processes depends on a robust civil society and a
vibrant public sphere.
"Between Facts and Norms" is an outstanding work by one the most
important social and political thinkers of our time. It will be a
focal point of debate for many years to come in the fields of
social and political theory, sociology, politics and
philosophy.
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