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Cardozo Law Review

Abstract

In the last one hundred years the empirical consequences of applied rationality have destroyed the last remnants of the trust in reason (Vernunftvertrauen). Postmodern law suffers from its own contradictory trends, which may be cured according to social practices indicated by discourse theory. In Between Facts and Norms, Jurgen Habermas applies the theoretical scheme of communicative action in a specific argumentation context, namely to legal discourse.

Keywords

Constitutional Law, Judges, Judicial Review, Judiciary Branch, Democracy, Political Systems and Governments, Res Judicata, Legal Practice and Procedure

Disciplines

Constitutional Law | Judges | Law

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