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@article{ART002077402},
author={Nam seongil},
title={The Grounds of Juridical Existence Viewed from Habermas’s Perspective on the Philosophy of Law},
journal={PHILOSOPHY·THOUGHT·CULTURE},
issn={1975-1621},
year={2016},
number={21},
pages={30-61},
doi={10.33639/ptc.2016..21.002}

TY - JOUR
AU - Nam seongil
TI - The Grounds of Juridical Existence Viewed from Habermas’s Perspective on the Philosophy of Law
JO - PHILOSOPHY·THOUGHT·CULTURE
PY - 2016
VL - null
IS - 21
PB - Research Institute for East-West Thought
SP - 30
EP - 61
SN - 1975-1621
AB - 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.
KW - Law;Philosophy of Law Ground of law;Legitimacy;Validity
DO - 10.33639/ptc.2016..21.002
ER -

Nam seongil. (2016). The Grounds of Juridical Existence Viewed from Habermas’s Perspective on the Philosophy of Law. PHILOSOPHY·THOUGHT·CULTURE, 21, 30-61.

Nam seongil. 2016, "The Grounds of Juridical Existence Viewed from Habermas’s Perspective on the Philosophy of Law", PHILOSOPHY·THOUGHT·CULTURE, no.21, pp.30-61. Available from: doi:10.33639/ptc.2016..21.002

Nam seongil "The Grounds of Juridical Existence Viewed from Habermas’s Perspective on the Philosophy of Law" PHILOSOPHY·THOUGHT·CULTURE 21 pp.30-61 (2016) : 30.

Nam seongil. The Grounds of Juridical Existence Viewed from Habermas’s Perspective on the Philosophy of Law. 2016; 21 : 30-61. Available from: doi:10.33639/ptc.2016..21.002

Nam seongil. "The Grounds of Juridical Existence Viewed from Habermas’s Perspective on the Philosophy of Law" PHILOSOPHY·THOUGHT·CULTURE no.21(2016) : 30-61.doi: 10.33639/ptc.2016..21.002

Nam seongil. The Grounds of Juridical Existence Viewed from Habermas’s Perspective on the Philosophy of Law. PHILOSOPHY·THOUGHT·CULTURE, 21, 30-61. doi: 10.33639/ptc.2016..21.002

Nam seongil. The Grounds of Juridical Existence Viewed from Habermas’s Perspective on the Philosophy of Law. PHILOSOPHY·THOUGHT·CULTURE. 2016; 21 30-61. doi: 10.33639/ptc.2016..21.002

Nam seongil. The Grounds of Juridical Existence Viewed from Habermas’s Perspective on the Philosophy of Law. 2016; 21 : 30-61. Available from: doi:10.33639/ptc.2016..21.002

Nam seongil. "The Grounds of Juridical Existence Viewed from Habermas’s Perspective on the Philosophy of Law" PHILOSOPHY·THOUGHT·CULTURE no.21(2016) : 30-61.doi: 10.33639/ptc.2016..21.002