Law, Morality and Democracy - A Critical Exposition of Habermas' Socilogy of Law

Philosophy and Culture 28 (2):97-114 (2001)
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Abstract

In view of the modern advanced Western rule of law of the formation and development, rely on legal, political and economic system sound shaping, the actual occurrence then submitted the paper technology integrated perspective of the legal concept of Habermas. In fact, as the contemporary West, and global reputation of the highest, the most influential thinkers, Harrington this year have reached 72. His later efforts to explain the legal and moral relations, democracy and the rule of law and complementary analysis, and cultural factors in national development roles, provided I have a reference in the reference in the office. In this paper the first-mentioned Habermas's life and writings, and then described his analysis of communication theory and two Definition, demonstrate that he serve the legal profession and life, and the boundary associated with the system, aims to explain the establishment of effective law and the law of the generation. In addition, the paper said he made ​​special mention of ethics, human rights and the legitimacy of the law, and legal, moral and democratic relationship, and finally to discuss the legal concept of the rule of law Harrington development impact. In conclusion, the author of the legal concept of Habermas's contribution and influence to make an objective assessment. To the, Habermas's jurisprudence, legal philosophy and sociology of law of the new initiatives, is accusing a reasonable communicative action, speech open and fair process is a source of legal legitimacy. Built on the basis of the legal legitimacy of the democratic Shensimingbian up to enhance the rule of law and national development goals forward.

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