Research On The Legal Philosophy Of Habermas

Habermas is a world-renowned philosopher and thinker,and is the second generation of Frankfurt school leading figures.Different from other members of the Frankfurt school,he not only established his own critical theory,but also formed his own unique construction theory.He introduced the theory of communicative action into the field of jurisprudence,and combined with the negotiation ethics,trying to reconstruct modern law to solve the crisis of modern rule of law.He also introduces the theory to the specific political and judicial practice,shows its theory has strong vitality,and the Proceduralist paradigm of law is the core of his legal philosophy thought and goal.This article will along the era background,philosophy,habermas law theoretical basis,the main contents of law philosophy thought and thought,the essay discusses the ideas of reference significance to China,the specific logical structure is as follows:The first chapter mainly elaborates the background and theoretical basis of habermas philosophy.The first section mainly analyzes the background of the era of the philosophy of habermas philosophy: the late capitalism has a legal crisis in politics;Science and technology become ideologies;The systematic invasion of the world of life.The second section introduces the theoretical basis of habermas' philosophical thought: communicative action theory and discussion ethics.The second chapter mainly introduces the main content of habermas' philosophical thought,and analyzes from four main aspects: the dialectical relationship between the fact and the prescriptive nature of the law;The legality of the law;Procedural legal paradigm and procedural democracy theory.Habermas takes the procedural legal paradigm as the point of departure,and believes that the procedural law paradigm can eliminate the tension between the fact and normality of law.The third chapter mainly discusses the significance of habermas' philosophical thought to China,and evaluates its thought.Focus of this chapter combines the concrete political system as well as legislative and judicial practice of our country,according to thetheory of habermas' s legal philosophy as the breakthrough point,and puts forward some rationalization proposals for the concrete system,made some useful exploration.Habermas tried to find the "cause of disease" for the modern capitalist society and explore the way out,forming his own unique legal philosophy theory system,which also had a profound influence on the world academic circles.We should further study Habermas' s philosophy of law,and combine with the concrete conditions of our country,so as to provide useful references for the construction of rule of law society in China.