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Velde, Rosa van der (2020)

A Critical Assessment of Habermas's View on the Tension between the Rule of Law and Popular Sovereignty

Master thesis | Philosophy (MA) (120 EC)
This thesis explores Habermas's ideas on the inherent tension between the rule of law and popular sovereignty. Habermas proposes a solution to this tension by introducing his theory of co-originality. This thesis studies Habermas's account of the tension between facticity and validity and his proposal of how law can serve as a bridge between the two principles. This thesis also provides a critical assessment of Habermas's theory by studying two specific criticisms of Habermas's theory of co-originality. This thesis ends with the conclusion that Habermas's theory is coherent, but it is not entirely convincing.
Habermas
Philosophy of Law
Rule of law
Popular sovereignty
Author
Velde, Rosa van der
Faculty
Faculty of Humanities
Specialisation
MA Philosophy of Law
Supervisors
Fossen, Thomas
ECTS Credits
20
Language
en