The Legal Discourse Theory Of Habermas Study

Habermas'ideas on the development of the contemporary law have an invaluable influence which can not be underestimated. The trend of post-modernism profoundly affected the development of the western law, some post-modernists from the legal domain made lots of totally opposed views against the main points of the modern law. In general, they deny the existence of objectivity of law, at the same time, under certain subjective factors became the law a tool of the political system.Habermas introduces his communicative rationality and discourse theory into the legal domain, which shows a new way of development of modern law. As the discourse theory in accordance with the principle of modern law, applies Habermas it as a yardstick into the field of legislative, judicial and administrative processes. According to him, only through this way could the unity of individual rights and public interest be fulfilled, and thus achieve true democracy.This article tries to look into Habermas' legal theory by explaining the theoretical basis, meaning and application of the discourse theory, aimed at finding a new point of view by the research of Habermas'philosophy.