Emancipation, Democracy and the Modern Critique of Law

Download or read book Emancipation, Democracy and the Modern Critique of Law written by Mikael Spång and published by Springer. This book was released on 2017-08-08 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on Jürgen Habermas’ theorising on law, rights and democracy in light of the modern critique of law. The latter tradition, which goes back to Hegel and Marx, has addressed the limitations of rights as vocabulary of emancipation and law as language of autonomy. Since Habermas claims that his reconstruction of private and public autonomy has an emancipatory aim, the author has chosen to discuss it in the context of the modern critique of law. More specifically, the study addresses the need to consider the dialectic of law, in which law is both a condition for emancipation and domination, when discussing what law and rights permit. It will appeal to students and scholars across the fields of political theory, law and legal criticism, as well as sociology and sociology of law.