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| Acknowledgments | |
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| Abbreviations | |
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| Introduction: Theorizing Modern Transformations of Law and Democracy | |
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| Critical Theory and Structural Transformations | |
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| Critical Theory and the Supranational Constellation | |
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| Chapter Outline | |
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| Law, Democracy, and State Transformation Today | |
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| The Historical Logic(s) of Habermas's Critique of Weber's "Sociology of Law" | |
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| The Fragility of Legal-Rational Legitimacy | |
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| Moral Underpinnings of Formal Law | |
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| The Possibility of Rationally Coherent Sozialstaat Law | |
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| Secularization, Commodification, and History | |
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| Excursus: The Transformation of Habermas's Theory of History | |
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| Philosophy of History and the Sociology of Law | |
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| Conclusion | |
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| The Puzzle of Law, Democracy, and Historical Change in Weber's "Sociology of Law" | |
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| The Public-Private Law Distinction and "Modern" Law | |
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| History as Confirmation/Contestation of Legal Categories | |
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| Legal History as Contrast/Continuity with the Present | |
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| Legal Limits on Power: Separation and Application | |
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| Organizations, Special Law, and the Law of the Land | |
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| Weber, Law, and Social Change | |
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| Formal and Substantive Rationalization of Law | |
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| Formal versus Substantive Law and the Sozialstaat | |
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| Conclusion | |
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| Habermas's Deliberatively Legal Sozialstaat: Democracy, Adjudication, and Reflexive Law | |
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| Habermas on Language and Law, Lifeworld and System | |
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| Beyond Formalist and Vitalist Notions of Constitutional Democracy | |
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| Rational and Democratically Accessible Adjudication | |
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| Selecting Nineteenth- or Twentieth-Century Paradigms of Law | |
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| Conceptual Paradigms and Historical Configurations of Law | |
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| Conclusion | |
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| Habermas on the EU: Normative Aspirations, Empirical Questions, and Historical Assumptions | |
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| Global Problems to Be Solved by EU Democracy | |
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| The History of the State as a Guide to the Present | |
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| The Form and Content of EU Democracy | |
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| Critical-Historical Limits of Habermas's Theory of EU Democracy | |
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| Conclusion | |
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| The Structural Transformation to the Supranational Sektoralstaat and Prospects for Democracy in the EU | |
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| Legal Integration and the Supranationalist Model | |
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| State Centrism - EU Law Constrained | |
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| The European Sektoralstaat Model | |
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| Democracy, the EU Sektoralstaat, and Further Questions | |
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| Conclusion: Habermas's Philosophy of History and Europe's Future | |
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| Index | |