Journal of Northeastern University(Social Science) ›› 2016, Vol. 18 ›› Issue (3): 270-275.DOI: 10.15936/j.cnki.1008-3758.2016.03.008

• Politics and Public Management • Previous Articles     Next Articles

On Habermas Criticism and Reconstruction of the Relationship Between Laws and Political Power

LIU Guang-bin   

  1. (School of Marxism, Hunan University, Changsha 410082, China)
  • Received:2015-12-24 Revised:2015-12-24 Online:2016-05-25 Published:2016-07-29
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Abstract: In terms of the relationship between laws and political power, Habermas criticized the politicalization of laws of Webers legal sociology and the constitutionalization of political power of Parsons structural functionalism in that they didnt handle properly the relationship between laws and political power. Habermas constructed the reciprocal relationship between laws and political power based on the discourse theory. This relationship calls for the reconstruction of power theories and emphasizes the converting role laws should play in changing communicative power into political power. Habermas scheme of discourse theory highlights the basic status of rights and the converting role of laws and provides an explicit path of verifying the reciprocal construction of laws and political power. However, it turns out to be utopian in practice.

Key words: Habermas, political power, law, reciprocal construction

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