|Law: law is an expression of the totality of social standards as binding norms in contrast to less binding rules and conventions. The law includes obligations as well as authorizations. In order to ensure equal treatment of the members of a society, the law is laid down in laws. See also laws, norms, values, society._____________Annotation: The above characterizations of concepts are neither definitions nor exhausting presentations of problems related to them. Instead, they are intended to give a short introduction to the contributions below. – Lexicon of Arguments. |
Jürgen Habermas on Law - Dictionary of Arguments
Law/Moral/Habermas: Thesis: higher levels of integration cannot be established in social evolution until legal institutions have emerged in which a moral consciousness of the conventional or postconventional level (see Moral/Kohlberg) is embodied. (1)
Law/Modernism/Habermas: Modern coercive law is decoupled from moral motives. The law no longer starts with existing communication structures, but generates traffic forms and chains of instructions corresponding to the communication media. The traditional settled in contexts (...) are deported into system environments. The boundaries between the system and the lifeworld are blurred, roughly speaking, between the subsystems of the economy and the bureaucratic state administration on the one hand, and the private spheres of life and the public on the other.
Law/Justification/Habermas: modern law is a combination of principles of statute and justification. The right used as a control medium is relieved of the problems of justification. This corresponds to the decoupling of system and environment. The legal institutions belong
to the social component of the lifeworld.
As long as law functions as a complex medium linked to money and power, it extends to formally organised areas of action which as such have been constituted directly in the forms of bourgeois formal law, whereas legal institutions (see Ultimate Justification/Habermas) have no constituent power, but only a regulatory function. They are embedded in a broader political, cultural and social context. They give the informally constituted areas of action a binding form that is subject to state sanctions. (See Juridification/Habermas).
1.J.Habermas, Zur Rekonstruktion des Historischen Materialismus, Frankfurt 1976._____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. Translations: Dictionary of Arguments The note [Author1]Vs[Author2] or [Author]Vs[term] is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition.
Der philosophische Diskurs der Moderne Frankfurt 1988
Theorie des kommunikativen Handelns Bd. I Frankfurt/M. 1981
Theorie des kommunikativen Handelns Bd. II Frankfurt/M. 1981