Habermas is one of the main representative figures in the Frankfurtschool,he make significant changes to Marx doctrine classic theorywith the reality of the advanced capitalist society.In his theory, thestarting point is always the Marx doctrine, he thinks that early liberalcapitalist era Marx lived in differs a lot from era of late capitalism.heanalysis all sorts of crisis of the advanced capitalist society with a criticalmind.he reconstructs the mechanism of social evolution andmechanism of social power from the historical materialism and the civilsociety theory.This paper is divided into four parts, the first part Introduces thereconstruction of historical materialism by Habermas. Habermas thinksthe essence of historical materialism is one kind of social evolutiontheory, Habermas replaces Economic basis and superstructure withlabor and the communication behavior. In Habermass legal theory, therelationship between life world and system is logical starting point.andhe discusses in his theory of civil society.The content of the second part is about the development of Marxstheory of civil society by Habermas, after the putting forward of theconcept of "public sphere", by the further research into the advancedcapitalist social, Habermas thinks the political system has taken controlof social economic system,so he gradually uses "living world" instead of"public sphere", the development of theory makes the legitimacyresources rooted more with the social culture domain.The content of the third part is the putting forward of procedurallegal paradigm, in the process of the reconstruction of the historicalmaterialism and theory of civil society, Habermas never stop to rethinkthe liberal paradigm of law and the welfare law paradigm, finallyHabermas founded his procedural law paradigm. The fourth part mainly discusses the theory of legitimacy ofHabermas in the background of the development of the theory, andpoints out the significance of the theory to the legal practice of ourcountry and its reference value to our construction of our legal system. |