Legal Concept Of Habermas's Deliberative Democracy And The Rule Of Law, Meaning,

The deep-seated forces and the basic premise of the formation of Habermas's theory of deliberative democracy are that the objective trend of the pluralistic social development, the Paradox of the traditional liberal model of democracy and republicanism model of democracy and the development of the theory of rational communication and its practice as well as the reflection and resolve of legitimacy crisis of organized capitalism. As a response to the plight of the Legality legitimacy, Habermas's legal theory of deliberative democracy is an extended theory of Habermas's communicative action theory which has been applied in legal field. Taking "the ideal discourse situation"as its necessary conditions, and the norms and procedures of communicative action as its standards and reference, the legal theory of deliberative democracy is expecting from the consultation dialogue with the public sphere at the scene to bring about universal legal consensus. The significance of the rule of law of Habermas's legal concept of deliberative democracy lies in the theoretical reconstruction of the law of the modern theory, and introducing deliberative democracy into the legislative process and the judicial process, through the establishment of legislative and judicial deliberative model of democracy, bestowing the legislative process and judicial process the legal and reasonable force, so as to construct the important foundation of his philosophy of law. Habermas's legal concept of deliberative democracy has enriched our world with rational and ideal colors. However, burdened with pulling out the rule of modern law out of the plight of the modern era, the legal theory of deliberative democracy can not cross the gap between ideal and reality, and is still on the way of exploring the future of the rule of law.