Theory Of Habermas’ Conception Of The Rule Of Law

To solve the crisis of legalization in later period capitalism society,Habermas sets some goals to his “rule of law”: To resolve the tension between factual and normative,through laying the normative foundation for society basing “consensus theory of truth”.To make up for the shortcomings of system integration by making social integration come true.And then to establish a harmonious and friendly society in the world,that is "world civil society".Based on the ideas of inter-subjective thinking and Discourse Ethics,Habermas argues that the development and implementation of rule of law need to be guided by the principle of negotiation,democratic principle and moral principle,which provide guarantees of validity,equality and universality for generation and function of rule of law.The actual process of formulation and implementation is the legislative process in the sense of law pattern of procedure creed,that is,procedural legislation is regulated by legal rules and legal rules are formed in procedural legislation,both of which rely on the participation of legislators in legislation.A careful study of Habermas’s view of the rule of law,its emphasis on inter-subjectivity and law,the emphasis on solidarity and procedural justice,the repeated reaffirmation of the importance of the public sphere,his cares to solve the crisis of legalization is evident;this is the value of his view of the rule of law.But is too obsessed with the pursuit of consensus,the desire for equal consultation between subjects,Habermas ignores the limited role of the law and the reality of social diversity when constructing his conception of the rule of law,which led to too much idealistic accusations.However,for a different way of thinking,if we can absorb its strengths in a reasonable way,the construction of rule of law society in our country will reap a lot from it.