On Habermas' Procedural Legal Paradigm

As an important thinker in modern time, Juergen Habennas is known for his Theory of Communicative Action. In his recent works Habermas applied his philosophical theory into legal field, claiming that law is essentially the entia of facts and norms, and he criticized theories that tear up those two aspects within law. In the same course he brought forward the theory of procedural legal paradigm. By using this theory Habermas unveiled the crisis of legitimacy in modern western society, and offered his way out as well. Theories were always somewhat Utopian but as long it showed the disadvantage of the real world it would be helpful. Our country is now facing some similar problems in the course of reforming and opening, so Habermas' theory is an important and realistic reference for us too.This thesis consists of four chapters. The main idea of each part is abstracted as follows.Chapter one gives the basic argument of Habermas' legal theory, that law is integrated with facts and norms. Habermas strongly opposed theories that teared up law as an integration of facts and norms. This chapter summarizes the battles between Habermas and scholars including Luhmann, Kelsen, Rawls and Dworkin, through which Habermas' basic argument is reflected.Chapter two focuses on the ontology of the theory of procedural legal paradigm, including its concept and the four aspects of its content. In the narration of Habermas' legal thoughts his philosophical theory is also referred now and then.Chapter three describes how he criticizes the reality of modern western society with his legal theory. Habermas unveils the crisis of legitimacy in the west, points out its phenomena and causes in the economical, political and cultural areas. He argues that the out-dated legal paradigm and the traditional partisan politics is becoming no longer suitable to the post-modern society. And finally Habermas gives his own method of cure, a theoretical devise called the Public Field, which he claims to be the only way out the nowadays crisis. In the ending chapter a short appraisal is given to Habermas' legal thoughts by the writer, telling a dual-side opinion on his thoughts. On one hand the procedural legal paradigm seems undeniably Utopian, and on the other hand Habermas' legal theory gives us a deep view into world's economical and political crisis so it is definitely an important reference for the reformation of our own country.