Law is the representation of value in a republic community. In other ways, law is a promise with members in a society which follow the moral rules. Seeing this way, the ground of law is, on the one hand, an objective character of things and, on the other hand, a subjective character of things which arises from me in myself. But this ground of law, however social or individual it may be, always appears to be a scepticism of law. To see this, that ground of law is not inherently compatible with the objective and the subjective, rather it raises a problem which is due to a contradictory consequence from them. Regarding this matter, Habermas tries to solve the contradiction in his perspective on law. And he proposes a law theory in which a ‘dicourse’ among individuals is taken to be a compatible contradiction between the subjective and the objective in the law.
In Habermas, discourse indicates the situation that a subject which is in a unit of individual is correlated with an object which accepts other’s reality. This discourse theory is a rational argumentation, a critical reflexivity, and a true alternative that differs from the communications in everyday life. This discourse is a communicative step which is, in a modern society, considered to be a very highly-developed move toward the communicative development. This discourse refers to the diversity of a communication phenomenon, and it is regarded as a transmission of the individual’s value and the community’s value. It makes us resolve some problems occurring in the communicative phenomenon.