Rational Identification:the Source Of Legal Legality In The Post-metaphysics Era

"What is the source of legal legality?" "The question is not answered in the philosophical world.In the age of myth,the legality of law has resorted to transcendental gods or gods,claiming that power derives from talent,which is the proposition of the School of Natural law.After the Enlightenment,the wisdom of the open,scholars to the legality of the law to the reality of the State institutions.The right is the national machinery of the parental distribution,which is the empirical law sent the answer.The unity of religious custom or moral ethics has been broken in the age of the struggle of the gods of values,and the parents' distribution of the state apparatus begins to encroach on the individual rights,so that the Postmodernism Masters argue that the legal crisis will be abolished if they want to be free.On this occasion,the philosopher Mr.Habermas in the absorption of Marxist criticism of the foundation,try to carry out the burden of legal legitimacy to save.With the foundation of communicative rationality,the author also absorbs the director of Natural Law School and the Positivist Law school,and advocates the rational identification of citizens in the post-metaphysics era as the source of legality of law.Rights are not derived from the transcendent gift of God,nor from the distribution of sovereign States,but from each of the a participants who have been reasonably negotiated between them.Habermas's new model of law has injected vigor into the withered legal philosophy,and he thinks that "modernity is an unfinished business".The author divides this article into five parts:The first part is the introduction of the article,mainly introduces the background and significance of the topic,expounds the recent literature review of scholars in and out of the country,the significance of theoretical innovation and exploration in our academic field,the significance of the development of our current socialist society,and the method of research,mainly using the method of literature analysisThe second part is the historical background and theoretical origin of Habermas's theory of legality.The background of the Times mainly elaborates the following four aspects:the disenchantment of the world view,the pluralism of the values,the differentiation of the system and the world of life,and finally the colonization of the living world.The theoretical origins have absorbed four main schools:Post Modernism,Frankfurt School's critical theory,Weber Sociology's rational choice theory,and pragmatic turn of language philosophy.The third part is the connotation of Habermas's "theory of Legality".Habermas drew the fact that the law was factual and effective,and that the law had to be agreed upon by every a of the public,and that it had to rely on this particular process of negotiation,and that the area of negotiation arose in the public sphere between the state and the society.The forth part is the philosophical foundation of Habermas's "theory of Legality".This mainly involves Habermas's theoretical cornerstone-communicative behavior,and Parapenaeopsis's life-world concept,as well as the post-metaphysical view of truth-the theory of Truth consensus.The fifth part is the analysis of Habermas's "theory of legality" contributions and deficiencies.Habermas's "theory of legality" saved the legality crisis of law,upheld the law under the post-metaphysics era,and injected the vigor of human nature into the society under the guidance of money and power media.However,Habermas,to some extent,overestimated the feasibility of "ideal speech situation" and the quality of participants' negotiation,and did not make a definite distinction between the theoretical and practical aspects of consensus.At the same time,the author also made further amendments to Habermas's "theory of Legality",from three aspects of individual,society and State to further promote the "reasonable identification" of Habermas.