The Studies On Habermas's Theory Of The Relationship Between Morality And Law

The question of the relationship between morality and law is controversial in history.Even to the present,there is still some role overlap or ambiguous place.between them.So ravel out their relationship can push the well-aligned operation of our society.As two schools which have great influence in jurisprudence circle,the school of natural law and the school of positivism jurisprudence have a completely different explanation.Naturalists believe that the law should be controlled by morality,while the positivism jurists hold on the standpoint that law and morality should be separated.At present,the distinguished representative personage Habermas has refactored the relationship of morality and law depends on reality requires and the development of time.On the one hand,he criticized the point of naturalists who put law above morality.On the other hand,he didn't agree with the school of the school of positivism jurisprudence who makes law and morality dissevered completely,either.He put forward that we should put the morality and law liberation from the dichotomic of metaphysics,put them in the same height.In this article,I will point out these questions diving in the opinions about the relationship of morality and law in the school of natural law and the school of positivism jurisprudence by introducing their views of the relationship between morality and law,through Habermas's evaluation to their opinions bring in the introduction of Habermas's view of the relationship between morality and law.Habermas contradicted the moral supremacy of the natural law school by his deliberative paradigm,and solved the paradox about "Legitimacy from law" of the positivism jurisprudence,offering a new way to solve the relationship of morality and law in present.Meanwhile,whether Habermas's theory of communicative action in ideal environment for negotiation is possible also be questioned.He wanted to separate morality and law,at the same time,he also needed to ensure the correlation.between them,such logic itself is hard to control.