Aspectos necessários e relevantes para a consolidação do paradigma da fundamentação do direito em Jürgen Habermas




Through the theory developed by the german philosopher Jürgen Habermas, the borders of a discursive theory of the Right had been delineated from the procedimentalist bias. The study of Right is dedicated to it. The discursive theory becomes manifest the permanent tension between facticity and validity brought for the Right as the tension between legality and legitimacy. Habermas analyzes the relation between Moral and Right, and from there, the philosopher bases to justify and to legitimize the validity the rules of Law. By de way, to reach such target, the Right must belong to the definitive legal rationality in which its procedure meets enters moral and legal arguments. Only of this form, the legality will be able to get legitimacy. However, the insertion of the linguistic is necessary as theory of communicative acting, wich the goal is to being the social integrator of the Right. It is accurately the tension between facticity and validity to the language that it will make possible the Right to consist as way of social integration and to materialize themselves by means of a legislative process structuralized in the will the opinion of the citizens. This binomial (opinion and will of the citizens) materialize in human rights and popular sovereignty, as point of the modern Right


filosofia direito direito jürgen habermas

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