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Weber, Habermas, and Transformations of the European State Constitutional, Social, and Supranational Democracy

ISBN-10: 0521811406

ISBN-13: 9780521811408

Edition: 2007

Authors: John P. McCormick

List price: $113.00
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Description:

John P. McCormick critically engages Jrgen Habermas's comprehensive vision of constitutional democracy in the European Union. He draws on the writings of Max Weber to confront the difficulty of theorising progresive politics during moments of radical state transformation.
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Book details

List price: $113.00
Copyright year: 2007
Publisher: Cambridge University Press
Publication date: 4/16/2007
Binding: Hardcover
Pages: 318
Size: 6.00" wide x 9.00" long x 1.00" tall
Weight: 1.188
Language: English

John McCormick (1918--2010), the author of the definitive Santayana biography, George Santayana: A Biography, was Professor of Comparative Literature at Rutgers University and Honorary Professor Emeritus at the University of York.

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