The Assignment Of Norm

As a representative of the normative ethics, Kant’s principle of universality is considered to be the first principle of practical reason. Kant lays the metaphysical basis for the universality of ethics by congenital theory and responsibility ethics,which open the perspective of the moral teachings of deontology. Unlike utilitarianism and psychological effect and emotional evaluation of the value of ethical behavior, Kant put all of these on agent’s responsibility. He stressed that moral practice shows the value of its behavior because of its respect for agent’s responsibility, which reflect through a general perspective, not just the surface of constraints in the daily life in humanity, but through internal as well as the analysis of the characteristics of will and rational, and ultimately placed the basis on the metaphysics. Because of the emphasis on the metaphysical responsibility, Kant’s self-concept reach the top of the formalism, which is called "abstract universalism" by Hegal. Kant’s congenital theory discuss of the Possibility of the problem of human knowledge, include moral knowledge, leads the transformation of philosophical issue from the "analysis of objects" to the" analysis of consciousness",which is like a road at both ends. When enter into the modern age, people focus on the road——language. The same like Kant, Habermas hope to achieve the universal vadility of moral normative under the background of modernity which is characterized as the tension between " is" and" ought to be".He knows very well only through discourse, which based on pragmatic performative significance, that all rational beings make agreement from the procedural morality to moral principles generally can laid the foundation. Frame of discourse cannot ensure the mine application under the guarantee of non-specialized value, whereas, through the foundation which is laid on the prima facie principles, discourse theory justify the universal norms in the application contexts under the background of life world, and in the process of practice to expand the connotation of moral cognition with the establishment of the identity of the rational of society and moral understanding of self identity. Accordingly, Gunther proposed the issue of the appropriateness of norms, advocated the distinction of justification and application of norms, the former on the norms of general justification, while the latter is only concerned with the appropriate questions of norms in the specific situation of application. Habermas and Gunther treat the law as a modern stability tools for behavior, can be use as a regulator in the argument of norms. Laws can flexibly apply in different situation while norms being exhaustive of knowledge and situation, and the intersubjective perspective of law also reflects the legal consultations as a normative appropriateness. In Habermas’s point of views, the law as norm lead to a two divisions, namely the theoretic validity and applicable validity, the application discourse become the foothold of the moral universalism. Universalization principles emphasizes the consequences of norms, namely in the calculation of a normative force at the same time, which include interests of all people. In the utilitarian aspects, discourse principles add the application discourse to the norm, emphasize effect of norm applied in the specific situation and the problem of substantive justice of the normative application, thus echo the universal ethical ideal. Habermas believed that the law can be used as effective reconstruction theory of ideal structure operation field, the issue of legal certainty and correctness analysis for universal ethical principle, has important guidance significance for the theme of moral universalism, which means the issue of assignment of open-principle.