Adeno Addis (Tulane University – Law School) has posted Law as a Process of Communication: Reisman Meets Habermas on SSRN. Here is the abstract:
This chapter is a lightly revised version of a paper presented at a conference honoring W. Michael Reisman of Yale Law School. The chapter explores Reisman’s notion of law as a process of communication. It does so by comparing it with Jürgen Habermas’ discourse theory of law. In both Reisman’s theory of law as communication and Habermas’ discourse theory, law is viewed as a means of resolving (mediating) the tension between the world of social and political reality on the one hand and the normative world of legitimacy on the other hand. For Reisman, it is between control intention and authority signal and for Habermas it is between facticity and normativity.
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