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On Negotiations During The Accepttance Of Law

Posted on:2011-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2216330338472129Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The acceptance of law is not subject to state law, but the public be admitted to the legal norms, identification and internalization, obey or ignore, and resist such acts against the reaction. Negotiation is a meaningful communicative action is actually equal dialogue between the main and exchange. Left the kind of equal dialogues and exchanges, the law is difficult to accept the results of their interviewers.With the law does not have a legal order on behalf, if it is not founded on the basis of negotiations, the law can not truly reflect social reality, the law more in the form of political expression imposed, rather than the result of identity within the people, so that the law does not reflect "public opinion." The law is not the result of the legislative body to set, but the result of human action. Only with people from the heart of the identity of the law is in essence illegal. Embodies the process of law to accept a meaningful interaction with the run-in, in the process, to discuss both sides to accept, recognize, internalize, to obey or neglect, such as performance and resistance against the ultimate "overlapping consensus."To conduct negotiations, it is necessary to discuss the premise and basis. That called "the ideal environment for negotiations" by Habermas. Negotiations theory is the subject of negotiations through the barrier, eliminate the external imposition of the possibility of self-realization of civil legislation.However, the ideal environment for negotiations" away from the scene of social life, can not stand the test of practice, is difficult to be implemented in reality, the legislature discussed only in theory self-consistent. In addition, the law is the authority by the state judicial and administrative authority and the implementation of the rules and principles, and truly reflect the dynamic law is law enforcement, that is, law enforcement and judicial.In the acceptance of law, law enforcement and judicial talks to discuss a greater practical significance. In the negotiations process, the parties involved continue to exchange opinions, acceptable to all parties finally reached the "overlapping consensus" is the legal acceptance of the significance of the process of negotiations.
Keywords/Search Tags:the Acceptance of Law, Negotiations theory, Communicative rationality, Overlapping consensus
PDF Full Text Request
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