CONTENT
Introduction
Research questions, methodology and relation to the
state of the art
Research questions
Methodological considerations
Relation to the state of the art
Structure of the argument
On pluralist arguments
Pluralist arguments in theoretical reason:
a minimalist conceptualization
Ontological pluralism
Epistemic pluralism
Alethic and logical pluralism
A plea for parallels among pluralist arguments
in theoretical reason
Pluralist arguments in practical reason:
a starting point
Value pluralism
The claim of plurality
The claim of incommensurability
The claim of tragic conflict or tragic loss
Political pluralism
The claim of plurality
The claim of incommensurability
The claim of tragic conflict or tragic loss
Legal pluralism
The claim of plurality
The claim of incommensurability
The claim of potential for tragic conflict
or tragic loss
Preliminary outcome on pluralist arguments in
practical reason
Section balance
Pluralist arguments and non-cognitivism
Max Weber
Romanism: from reason to rationality
Method
Typologies of rationality
Rationalization in politics, economy, and law
Spheres of life: across theoretical and
practical pluralism
Weber on value.
Eigengesetzlichkeit: a forebear to functional
differentiation?
Preliminary outcome
Isaiah Berlin
Berlin on negative liberty
Berlin’s value pluralism
Pluralist arguments in metaethics
and metaphysics
Realism and cognitivism
The relation of liberalism and pluralism
John Rawls
Contextual remarks
The political turn around pluralist axes
Political liberalism, multiculturalism,
and religious pluralism
Political liberalism and perfectionism
The law of peoples and human rights:
political and/or metaphysical?
Preliminary outcome
Section outcome
Pluralist arguments and cognitivism
Habermas I: value pluralism in discourse ethics
Introduction and periodization
Earlier works and public sphere
Discourse ethics and communicative action
Preliminary balance
Alexy’s reception and critique of Habermas on law
The theory of rational discourse in
legal justification
Reception of Habermas
Contribution to Habermasian discourse theory
The critique of Habermas in Alexy’s
Special case thesis
Principles theory
Balancing and proportionality:
contexts of genesis
The structure of proportionality
Balancing and proportionality:
contexts of justification
Objections to balancing
Alternatives to proportionality balancing
Rejoinder on the relation of balancing
and application discourses
Preliminary balsance
Habermas II: value pluralism in discourse theory
Between facts and norms (bfn): co-originalities,
law as medium, and democratic theory
Critique of balancing in Between facts and norms
A stringent separation of values and norms
Rights-minimalism?
Preliminary outcome: the necessity of balancing
Theories of legal principles as theories
of pluralist values
Conclusions
Bibliography
