The Counterfactual Yardstick: Normativity, Self-Constitutionalisation and the Public Sphere

ISBN-13: 9783631654880 / Angielski / Twarda / 2014 / 315 str.

Karolina M. Cern

Opis

The chief concern of this book is to discuss a democratic legitimation for modern law. Investigation is therefore steered towards current debates on processes of Europeanisation and the issue of self-constitutionalisation of a democratic polity. This turns out to be a complex concept referring to the threefold constitutionalisation: legal, institutional and horizontal, and hence to processes of evolutionary constitution making as well as institutional and societal constitutionalisation. Developing democratic legitimation in post-conventional terms rests on the presumption of increasing the processes of incrementally rationalising lifeworlds and unveils the role of the practical power of judgement transferred from the concept of a (monological) subject to the (dialogical-discursive) public spheres.

Spis treści

Contents: Democratic legitimation - Processes of Europeanisation - CJEU - Self-reflexive polity - Self-constitutionalisation - Constitutional patriotism - Public sphere - Normativity, values and norms - Ronald Dworkin - Neil MacCormick - Jürgen Habermas - Contractarianism - Counterfactual yardstick - Political morality - Deontology.

O autorze

Karolina M. Cern, PhD, Chair of Ethics at the Department of Philosophy, Adam Mickiewicz University (Poland); author of The Conception of Time by the Early Heidegger (2007), co-author of Ethos in Public Life (2008, repr.2011); co-editor of eight volumes and author of numerous articles in practical philosophy.