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Unjust Legality
James L. Marsh
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Description for Unjust Legality
Paperback. This is an interpretation and critique of Habermas's philosophy of law in his "Between Facts and Norms", which James Marsh feels is flawed by a fundamental contradiction: the notion of a democracy ruled by law and capitalism. Series: New Critical Theory. Num Pages: 224 pages, bibliography, index. BIC Classification: 3JJ; HPS; LAB. Category: (P) Professional & Vocational; (UP) Postgraduate, Research & Scholarly; (UU) Undergraduate. Dimension: 222 x 141 x 12. Weight in Grams: 275.
This book is an interpretation and critique of Habermas's philosophy of law in his Between Facts and Norms. The main point is 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: that between the notion of a democracy ruled by law and capitalism. Because 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.'
Product Details
Format
Paperback
Publication date
2001
Publisher
Rowman & Littlefield United States
Number of pages
224
Condition
New
Series
New Critical Theory
Number of Pages
224
Place of Publication
Lanham, MD, United States
ISBN
9780742512610
SKU
V9780742512610
Shipping Time
Usually ships in 15 to 20 working days
Ref
99-15
About James L. Marsh
James L. Marsh is professor of philosophy at Fordham University in Bronx, New York. He is the author of several books such as Modernity and Its Discontents and Critique, Action, and Liberation.
Reviews for Unjust Legality
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
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