hsoraj@chula.ac.th

Between Facts and Norms

(Postmetaphysical theory of reason)

positive law

Rawls Luhmann

Rousseau Locke ()

Theory of Communicative Action

Legality () legitimacy ()

Theory of communicative action; discourse ethics as foundation for normativity

H

H Rechtsstaat (constitutional state)

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H Between Facts and Norms

...for Habermas a postmetaphysical vindication of reason is possible only insofar as philosophyin an interdisciplinary cooperation with empirical inquiries of various sortscan show how the use of language and social interaction in general necessarity rely on notions of validity, such as truth, normative rightness, sincerity, and authenticity. This necessitates not only a philosophical analysis of communication but also an attention to debates within a range of disciplines.

positive law

: () () communicative action strategic action () communicative action validity claims

Rawls Luhmann

Rawls social contract, individualism

Luhmann social system theory, autopoiesis

Habermas integration between the two.

Locke private autonomy; also Kant

Rousseau public autonomy

Habermas argues for the internal relations between the two.

Discourse Principle Only those norms are valid to which all affected persons could agree as participants in rationale discourses.

Abstract Rights

In order to ground the Discourse Principle, H proposes a set of abstract rights as necessary conditions

Basic negative liberties, membership rights, due process rights (private autonomy)

Rights to political participation (public autonomy)

Social welfare rights

These rights must be enforced by the state.

Tension between state power and legitimate law.

Legitimacy comes through public reason, i.e., democratic processes of opinion and will formation in the public sphere.

Law reperesents the medium for transforming communicative power into administrative power.

Legality Legitimacy

Kant/Locke/Rawls emphasis on individuals and lack of critical dimension

Legitimacy discourse principle, deliberation, democratic process