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Law and reflexive politics /

Law and Reflexive Politics argues against the dominant recent `republican' trend in legal and democratic theory that sees law as the prime vessel of political action, means of empowerment of civil society and guarantor of democratic politics. Against theorists as diverse as Dworkin, Habermas, U...

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Bibliographic Details
Main Author: Christodoulidis, Emilios A.
Corporate Author: SpringerLink (Online service)
Format: eBook
Language:English
Published: Dordrecht ; Boston : Kluwer Academic Publishers, [1998]
Series:Law and philosophy library ; v. 35.
Subjects:
Law > Political aspects.
Republicanism.
Droit et politique.
Républicanisme.
Rechtstheorie.
Politische Theorie.
Electronic books.
Online Access:Connect to the full text of this electronic book
Table of Contents:
  • Republican Constitutionalism
  • Citizenship, Passive and Active
  • Republicanism and its Legacy
  • Habermas on the 'Interpenetration' of Law and Politics
  • American Civic Republicanism
  • Ackerman and the 'Discovery' of Constitutional Politics
  • Sunstein and Michelman: 'Empathy' in 'Law's Republic'
  • Deliberation, Distance and Empathy
  • Institutional Deliberative Politics
  • Sunstein's Institutional suggestion
  • Michelman's Institutional suggestion
  • The Critique of Elitism and the Retreat from the Institutional Dialogue
  • Dworkin and the Law as Forum of Principle
  • The Interpretive Thesis
  • Integrity: The Right Answer
  • Integrity, Coherence, Narrative
  • Dworkin Republican
  • The Containment Thesis
  • Political Conflict Under Legal Categories: A systems-theoretical critique of Republican Constitutionalism
  • Excursus: Luhmann's Systems Theory: An Introduction
  • Operations
  • System and Meaning
  • Observation
  • Observation: system-centric and system-specific
  • The Reduction of Complexity
  • Society and Sub-systems
  • Guiding Distinctions
  • Law, Society and Conflict
  • The Juridification of Conflict
  • Law and the Double Contingency of Conflict
  • Thesis [1] against Republicanism
  • Legal Expectations
  • The Function of Law
  • The Generalisation of Expectations as Legal
  • The Temporal dimension
  • The Social Dimension
  • The Material Dimension
  • The Relationship of Conflict and Law
  • Conflicts Conflated
  • Thesis [2] against Republicanism
  • Thesis [3] against Republicanism
  • Thesis [4] against Republicanism.