On Universalizability Of Legal Norm

Impartial legal norm is the premise of impartial judicature. So, what is impa- -rtial legal norm?In legal philosophical history, the first one point out the relation between the principle of universalizability and impartial legal norm is Kant. Kant thought, legal norm belong to moral norm, and moral norm must comply with the principle of universalizability; So legal norm must comply with the principle of universali- -zability too. If a legal norm doesn't comply with the principle of universaliz- -ability, it is not impartial.Inspired by Kant's theory, Rawls and Habermas both use the universalizability principle to their democratic legislation theories. However, their uses of the universalizability principle are much different. The former thought we should substantialize the universalizability principle firstly, and then formulate or revise legal norms according to the universalizability principle; The latter argued that the democratic legislation should through the practical negotiation, ethical negot- -iation and moral negotiation three phases, and the universalizability principle should be applied only in moral negotiation stage.The first one use the universalizability principle to judicature is Alexy. Alexy thought, we should use the universalizability principle to check the legal norm impartial or not in the order of law. In addition, in recent years, some Chinese scholars also began trying to explore the universalizability principle to judicature. However, the theory they selected is from Hare, not Kant.In this paper, I will reword and trim the universalizability theory from Kant, Rawls Habermas and Alexy, and discuss with the sholars I mentioned above. I hope my paper can make more and more scholars pay attention to the universalizability principle.