The Formation Of The Legal Concept Of Habermas

Early Frankfurt School of social reality of capitalism carried out a fierce criticism of, respectively, from the ideology of Western industrial civilization and the instrumental rationality two perspectives. Habermas inherited the Frankfurt School of critical spirit, based on previous research, and cleared the "materialized world " social reality. Learn from Weber's study and classification of rationality, Formed his own unique critical theory which based on the point to communicative rationality and deemed communicative action theory as the core.Habermas obtained by analyzing the specification with the philosophy of consciousness to the modern interpretation of modern Western issues have not feasible.Theory for the realization of his argument, Habermas first to achieve a methodological linguistic turn, and second provide the possibility of the realization of communicative action with universal pragmatics and discourse ethics ,Finally, deem the life world as the realization of the ideal of communicative action throughout the domain.Subsequently, Habermas turned from theory to practice.He first conducted a capitalist society a profound analysis of the crisis and thought that Crisis of capitalist society come mainly in the economic crisis, rationalization of the crisis, crisis of legitimacy and motivation crisis.He attributed the crisis of capitalist society are many reasons,and argued that by the system of life caused by the colonization of the world crisis of legitimacy is the main dilemma of modern society,and Lack the legitimacy that the law is an important reason for social legitimacy crisis.Therefore, the focus of Habermas to invest in the legal field.Through the analysis of the Western capitalist society of the rule of law,He believes that modern Western law include the liberal paradigm of law and the social-welfare paradigm of law.Habermas studied and discussioned the characteristics of the two paradigms and defects in-depth ,and thought that these two paradigms are fragmented private sector and public sector, the life world and systems, and civil society and internal relations between the countries.He believes that in order to escape from the fundamental dilemma, must find a new way.The solution is to seek to ensure that legitimate means of law generation.Based on this, he proposed a new paradigm of procedural law.He believed that all the relevant people the effectiveness of verbal communication with the people and the possibility of reaching consensus on specific norms,By equality, freedom, rational discourse in consultation with the argument,specification will reach a consensus through the coordination of people.Therefore,to form the rule of law is legal as the law.Paradigm of procedural laws in order that a better system of ideas can be operationalized in the real level,Habermas beyonded Dworkin`s theory and Found a way to provide the final proof of legal argumentation theory which is legal discussions.And use the law to the program to discuss the operation of humanitarian law provides a way paradigm.Thus, the formation of their own unique concept of procedural law.