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The Positive Criteria Of Legal Norms, Claudio Bozzi Dr
The Positive Criteria Of Legal Norms, Claudio Bozzi Dr
Claudio Bozzi Dr
With the publication of Faktizitat und Geltung Jurgen Habermas sought to extend his normative critical arguments to jurisprudence. In this work he argues that the law can mediate and coordinate valid social integration in complex modern societies because it is capable of receiving normative inputs from the public sphere, which are then translated into the administrative system. Throughout his extensive writings, Habermas has referred to a principle of the universalisation of the valid norm. Its role in pluralist societies is therefore not to offer a substantial value, but to guide in the character of a regulative idea. This idea would …
The Positive Criteria Of Legal Norms, Claudio Bozzi Dr
The Positive Criteria Of Legal Norms, Claudio Bozzi Dr
Claudio Bozzi Dr
This paper argues that Habermas’s principle of universalisation, which is posited not as a substantive value but a regulative idea which mediates impartially amongst a plurality of goods, fails to maintain the impartiality of the discourse. Rather, positive assumptions about goods are unavoidable entailments of a situated and historical norm. The laws’ coordinating role achieved by translating the normative inputs it receives from the public sphere and applying them to administrative purpose must be understood not as a universal consensus but in deliberative terms whereby the mediation of particular audiences is considered an element of rationality. But normativity cannot simply …