Habermas's View Of Rights In The "Discourse Theory"

Habermas believes that the formation of rights is a process that must go through equal and democratic negotiations,and is a process of understanding,questioning,and surpassing the past rights thought.In the theory of Habermas' rights view,the core content of the rights view must include five basic elements: individual freedom,membership,political participation,survival conditions,and the right to be protected by law."Rights" has been a long-lasting and continuous discussion from the beginning of the history of human thought.This article intends to clarify the inheritance and transformation of Habermas' rights concept in the process of formation and development,and to the Habermas rights concept in the history of law.Inheritance and transcendence are reasonably grasped,to trace the roots and investigate the theoretical flow into the basis,highlight the importance of Habermas' rights thought,sort out the specific content of Habermas' rights view,and discover the reality of Habermas' rights thought Meaning and contemporary value.This article first introduces the current status and research methods of rights issues in detail.Based on the background of Habermas' s "Discussion Theory",it explains the origin and evolution of rights issues,and grasps the internal logic of the development of rights issues in the past.The article mainly upholds the basic view that the qualification of rights comes from the mutual empowerment of rights,and examines thebasic content of Habermas' s view of rights and the process of subscribing to the previous rights thoughts.On this basis,it gives an overview of the specific categories of Habermas' rights view and summarizes the shortcomings of its views.Finally,from the perspective of combining Habermas' rights view with China's specific practice,it is believed that negotiation is the basis for the formal justice of rights,and it is also a reasonable presupposition of an important way to achieve substantive justice.Therefore,it should be prevented that a society encounters rights The situation is disconnected from the actual form,and a mechanism called "corrective justice" should be used to repair or sew the gap between them,so that the gap between the joints is reduced or prevented from further expansion,so as to better prospect the construction of rights-related systems and mechanisms in the new era.