The Research In Proceduralist Legal Concept By Habermas

Habermas builts up a large and deep theory of communicative action system. On one hand, the system not only makes a prominent contribution to the area of philosophy, sociology, political science, ethics, history, cultural,on the other hand,it plays an important role in legal theory. Traditional legal paradigm has been unable to adapt to the diverse modern social structure, And whether it is the substantive law of the bourgeois form of law paradigm or social welfare state paradigm can not get rid of the crisis of legitimacy of the law, so Habermas begins to researching legal paradigm,and gradually formed a communication program mode which beaseds on communicative rationality and equal dialogue. In Habermas’opinion, the law formed only in the open and fair way to discuss can secure its legitimacy foundation. Adhering to the fundamental principle, the program legal paradigm insure the legislative level, the judicial level and law-abiding level the legitimacy of the justification. Another important significance of Program legal paradigm is on the basis of criticism of the traditional structure of state power, trying to achieve national political power and communicative power of democracy and the rule of law a reasonable conversion. Therefore, hackleing Habermas’ proceduralist legal concept, not only has great significance in understanding the Western legal trends, but also has an important revelation effect on Chinese nomocracy construction.