Law in Habermas’s Theory of Communicative Action

Deflem, Mathieu. "Law in Habermas's Theory of Communicative Action." Philosophy and Social Criticism 20.4 (1994): 1-20.

This paper outlines and reviews the legal theory of Jurgen Habermas in the context of Habermas’s general social theory, known as the theory of communicative action. First explained are the central concepts of system in lifeworld around which Habermas has developed his theory of modern society. Subsequently attention is paid to the dual role of law as an institution and a medium in Habermas’s theory, after which the latest developments of Habermas’s legal theory are reviewed. Finally, the paper discussed the influence and criticisms of Habermas’s perspective on law in the secondary literature.

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