Habermas: The Discourse Theory of Law and Democracy

By Hugh Baxter | Go to book overview

Index
action orientations: vs. action consequences, 33–34; consensual understanding, 9,10,11,13,14, 30, 31, 33, 34,40, 43,47,48,49; regarding legal norms, 61; success, 10–11,14,17, 31, 33–34, 40,41,43,92,93,151
adjudication, 63,95,103–4,276n3; appellate review, 114; as application of legal norms, 107–16; certainty requirement, 107–10,111–12, 113,114,276n12; in common-law jurisdictions, 7, 114, 116–19, 279nn53,54,66,68; consistency in, 107; defined, 102; discourses of application regarding, 7, 92, 102–4, 110–12,113,117,119–20,121–24, 127–28,275n223,277nn25,28, 280nn82,87; in German system, 114; and indeterminacy of application, 110–16, 278n48; judicial impartiality, 115; and legal hermeneutics, 108–9; and legal paradigms, 112–13; and legal positivism, 108–9; and legal realism, 108–9, 112; legitimacy requirement, 107–10, 111; and normative justifiability, 107–10; and open society of interpreters, 114, 117, 278n49, 279n50; procedural approach to, 112–16; rules vs. principles in, 110–12,125, 277n25. See also constitutional adjudication
Adorno, Theodor, 2, 4, 54
Alexander, Jeffrey, 174; on Parsons, 36–37
Alexy, Robert: on balancing of principles, 125–26,128,277n25,281n93; on basic rights and popular sovereignty, 73, 269n73; on discourse of application, 111, 124, 278n32; on discourse of justification, 124,276n5; on German constitutional norms, 282n122; on horizontal effect, 130–31; on rules vs. principles, 125–26, 277n25; A Theory of Constitutional Rights, 125
Amish, 211,213–14
Amnesty International, 244
analytic philosophy, 3
apartheid, 199
Aranson, Johannes, 262n139
Arato, Andrew, 279n58; on public sphere, 278n49
art, 27,29, 53, 57
Audi, Robert: on principle of secular motivation, 196, 198; on principle of secular rationale, 195–96, 198, 297n28; on religion, 193,195–97,198,199–200,201, 207,208,296nn23,24,297n26
Austin, J. L., 3,258n28
bargaining and compromise: vs. communicative and strategic action, 95–96, 274n189; in constitutional state, 69, 75, 89,92–94, 96, 97,99,100,104,115, 168; and equal bargaining power, 93; exclusion of exploitation from, 92; legal bargaining/plea-bargaining, 115; relationship to discourse principle, 92–93, 94,96

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