The Counterfactual Yardstick (Instant Digital Access Code Only)

Edition : 1st, 2014
Author(s) : Karolina Cern

The Counterfactual Yardstick (Instant Digital Access Code Only)
- ISBN: 9783631654880
- SKU: 257306V
- Format: VitalSource eBook/ePub
$110.33

List Price: $125.38

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Description

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.