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Habermas philosophy of law : an inheritance , critical thinking approach and Reconstruction

Author: ZhangWei
Tutor: ShiMaoSheng
School: Zhengzhou University
Course: Legal Theory
Keywords: Modernity Enlightenment The liberal philosophy of law Communicative reason Deliberative democracy Proceduralist paradigm of law
CLC: D909
Type: Master's thesis
Year: 2009
Downloads: 40
Quote: 0
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Abstract


In this paper, I want to examine the meaning of Habermas’s Philosophy of Law with the perspective of the history of idea .In my opinion, with the process of modernity, the liberalism has gradually established its prestige which dominates the Western political and legal theory and practice since the Enlightenment. This kind of legal Philosophy which contains the idea of liberalism inherently can also be called as "liberal philosophy of law" or "the Enlightenment philosophy of law." the Enlightenment philosophy of law is the premise and the context of Hagerman’s construction to theory of legal philosophy, and his main theoretic target. On the basic questions of legal theory and practice such as the foundation of legal philosophy, the torture of political and legal legitimacy , Habermas’s legal philosophy had a profound reflection and criticism on the Enlightenment Philosophy of Law .However,Habermas’s reflection and criticism is not his refiase or discarded completely to the Enlightenment philosophy of law, but inherited the reasonable core the Enlightenment philosophy of law at the same time, and on the basis of this ,he reconstructed the Enlightenment philosophy of law .In other words, Habermas’s legal philosophy is an inherent criticism or Sublation to the Enlightenment philosophy of law.Habermas’s construction of legal philosophy to the Enlightenment philosophy of law is a critical, but more importantly is the inheritance and reconstruction. The author argue that in a sense, Habermas’s theory of legal philosophy even becomes the development of a liberal philosophy of law.

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CLC: > Political, legal > Legal > Theory of law (Law) > History of law,legal history of ideas
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