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Contemporary Legal & Social Theory: Jurgen Habermas 1 - LAWS4335
Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 4
 
 
EFTSL: 0.08333 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This course is the first in a series to be offered on leading, contemporary legal and social theorists as well as key issues in legal and social theory. In virtue of the abiding importance of Habermas's work in philosophy and social theory in general, and law in particular, and the fact that he is currently at the centre of some of the most significant debates in these domains, it seems that a knowledge of his ideas is important to anyone who wants to be au fait with the most advanced contemporary theoretical work on law. By Habermas's 'ideas', it is meant, firstly, his general philosophical position which he labels the 'theory of communicative action'. And secondly, the 'discourse-theoretic' conception of society and law that he derives from his general position.

The course will focus on Habermas's 'ideas' in both the senses just mentioned. It will an involve a general and wide-ranging introduction to these ideas as set out in Habermas's magnum opus The Theory of Communicative Action. Some of the main concepts and themes to be examined include: 'communicative action' and 'communicative rationality'; 'strategic action' and 'strategic rationality'; 'system and lifeworld'; the 'colonization of the lifeworld', and 'juridification'. It will also begin to draw out his many comments on law in this book, and seek to work these into a general theory of law for contemporary society. Particular focus will be given to seeing exactly where Habermas's ideas are situated in relation to other legal and social theorists, past and present. Habermas's work naturally invites such comparisons by virtue of the way he builds up his own ideas by critically and creatively appropriating the central insights of others.


Recommended Prior Knowledge

It is advisable that students will have done, or be doing concurrently, LAWS8320 Legal Theory or LAWS8820 Law and Social Theory. Students wishing to take this course and LAWS2333 Advanced Legal and Social Theory should consult the teacher of this course first since there is some overlap and special arrangements will have to be made with respect to assessment.

Course Objectives

Students should:
  • Acquire a good grounding in one important theorist
  • Gain a sense of what is happening in contemporary legal and social theory at large

Main Topics

  • A general introduction to Habermas's social theory
  • Habermas's theory of rationality and communicative action
  • Habermas's theory of system of lifeworld
  • The social pathologies of modernity
  • The role of law in causing and curing these social pathologies

Assessment

Research essay
4,000 words (postgraduate students), or
3,000 words (undergraduate students)
100% or
100%
 

Course Texts

Prescribed
The one volume of prescribed Studies in Contemporary Legal and Social Theory - Jurgen Habermas 1 materials. These materials are mainly selected from the two volumes of Habermas's Theory of Communicative Action.

Recommended
None

Resources

Refer to Course Outline provided by lecturer at the beginning of session.

URL for this page:

© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.