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Vol 23 No 5 May/June 2018

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Unjust Legality

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James L. MarshProfessor of Philosophy, Fordham University, New York, USA

ISBN13: 9780742512603
ISBN: 0742512606
Published: April 2004
Publisher: Rowman & Littlefield
Format: Hardback
Price: £51.95

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This is an interpretation and critique of Habermas's philosophy of law in his ""Between Facts and Norms"". James Marsh feels that, while Habermas is insightful in laying out a new conceptual and methodological foundation for the philosophy of law, the book is flawed by a fundamental contradiction: the notion of a democracy ruled by law and capitalism. As capitalism is essentially undemocratic both in its internal economic workings and its intended, structural effect on culture and politics, it must adversely affect the most important institutions in western democratic society: the legislature, judiciary, state administration and public sphere. As a result, instead of a nation effectively ""of, by, and for the people"", there exists one that is essentially ""of, by, and for capital"".

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Preface; Toward a Critique of Habermas's Philosophy of Law; The Tension between Facticity and Validity; On Mediating Private and Public Autonomy: The Genesis of Rights; The Genesis of the State; Law and Jurisprudence; Deliberative Politics and Administrative Social Power; The Public Sphere, Civil Society, and the Rule of Capital; The Different Paradigms of Law and the Difference They Make; The Achievement and Limits of Habermas's Philosophy of Law.