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The Counterfactual Yardstick

Normativity, Self-Constitutionalisation and the Public Sphere


Karolina Cern

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.
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Bibliographic Information published by the Deutsche Nationalbibliothek The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data is available in the internet at

Library of Congress Cataloging-in-Publication Data Cern, Karolina M., author. The counterfactual yardstick : normativity, self-constitutionalisation and the public sphere / Karolina M. Cern. p. cm. — (Dia-logos ; 18) Includes bibliographical references. ISBN 978-3-631-65488-0 1. Sociological jurisprudence. 2. Law—Philosophy. 3. Constitutional law—Europe. I. Title. K370.C47 2014 340'.115—dc23


Publishing Reviewer: Professor Dr. Gerhard Seel

(University of Bern, Switzerland)

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