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The State Of Exception Is Liberalism, Rule Of Law "achilles"?

Posted on:2008-12-24Degree:MasterType:Thesis
Country:ChinaCandidate:P XueFull Text:PDF
GTID:2206360215951170Subject:Foreign philosophy
Abstract/Summary:PDF Full Text Request
Schmitt organically gave the criticism to the liberalism legal state such as parliament, but his goal actually is through the criticism liberalism legal state assignment as well as the organization principle showed the liberalism "the neutrality" and so on "the standard" cannot entrust with the legal order validity.Moreover, the legal order establishment cannot leave the political authority, the freedom and the democracy, the human rights and the people's sovereignty, autonomous and between the government by law has the irreconcilable tension, but these tension obtain the final solution all to depend upon "the exceptional condition resolution"Habermas in view of Schmitt the question which proposed to the liberalism, the commercial discussion angle has provent the human rights and the people's sovereignty homology, and manifested the neutrality organic rationality to the legal state to provide the new explanation, and persisted by the contact rationality safeguard contact procedure but the non- entity to provide the final safeguard for the legal order.
Keywords/Search Tags:Sovereignty resolution, Neutrality, Communicative authority, Democratic procedure
PDF Full Text Request
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