Show Less
Restricted access

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.
Show Summary Details
Restricted access

Table of Contents

Table of Contents





Taking Citizens Seriously. Questioning the Time Modes of Legal Enterprise

1. Introduction to the Problematics

2. Context of Investigations

3. The First Road: Dworkin’s Monological Meta-Construction of the Present

4. The Second Road: Habermas’s Discursive Reorientation Towards the Future-Oriented Project

5. The Third Road: MacCormick’s Present Perfect of the Interpretative Cooperation

6. At the Crossroads or Polemical Signposts

You are not authenticated to view the full text of this chapter or article.

This site requires a subscription or purchase to access the full text of books or journals.

Do you have any questions? Contact us.

Or login to access all content.