|
|
Legitimization of Law by Jűrgen Habermas and Niklas Luhmann
Mucala, Václav ; Šamánek, Jan (advisor) ; Grznár, Miroslav (referee)
This article is comparation of sociological theories of Niklas Luhmann and Jürgen Habermas, specifically by their relation to law and the way it acquires its justification in society. The key difference of both attitudes is result of different approaches to concepts of system. Jürgen Habermas holds concept of open system and it makes him to think about law as institutionalization of communicative racionality of lifeworld. Theory of Niklas Luhmann shifts to the concept of closed system an it characterizes las as institution which lives its own life normatively closed to social enviroment. Comparsion of both theories by legitimity of law leads us to ask about their relation to positivistic concepts and the concepts of natural law. We argue that sociology of Law presented by Jürgen Habermas has its similarities with natural law concepts and autopoietic law of Niklas Luhmann has much in common with legal positivism. In spite of both has different attitude to rationalization of law, they describe legitimization of law in terms of procedure. Finally we argue, that there is possibility to find common elements and that those theories can understand each other.
|
|
|
Towards Common Visions. The Civil Public in the Work of Jürgen Habermas
Horáčková, Martina ; Skovajsa, Marek (advisor) ; Muhič Dizdarevič, Selma (referee)
Public power in democratic society emanates from the citizens and is, in its turn, responsible to them. The citizens are entitled to observe, scrutinize and influence it. The public consists of private individuals actively engaged in public affairs and coordinating this activity with others. The present essay is concerned with Jürgen Habermasʼ concepts of the public in his The Structural Transformation of the Public Sphere, The Theory of Communicative Action, and Between Facts and Norms. At first, these works are interpreted and critically evaluated here. Then, the issue of the public is developed with special emphasis on the concept as it is elaborated in Between Facts and Norms. This essay tries to characterize the civil public and pursues the question how it is positioned in the larger frame of the civil society. The public is studied from the point of view of its influence in society. Habermas ascribes a substantial role to the public, for, according to his idea of the deliberative democracy, the public takes a part in the democratic processes of lawmaking and that by means of a dialogue with the public power. In this perspective, the public is conceived of as communicative power. This dissertation concentrates on the origins and forming of the communicative power and the ensuing process of its...
|
|
|
From Adorno to Habermas: A Study on the Relationship of Critical Theory and Religion
Hlaváček, Karel ; Balon, Jan (advisor) ; Halík, Tomáš (referee) ; Hauser, Michael (referee)
In this text, the relation of critical theory and religion is analysed, comparing Jürgen Habermas's late philosophy with the philosophy of his predecessor Theodor W. Adorno. The question I ask is: What changes has the relation of critical theory and religion undergone in the transition from Adorno's thinking to that of his successor? As I try to answer this question, I develop a specific understanding of Adorno's philosophy as a "contemplative eschatology", and perform an in-depth study of how, why, and with what consequences it has changed to a frame oriented towards reaching understanding. In so doing, I point out the ambivalence which the turn towards understanding breeds, and suggest the religious motives discovered in Adorno's work deserve further attention.
|
|
|
Legitimization of Law by Jűrgen Habermas and Niklas Luhmann
Mucala, Václav ; Šamánek, Jan (advisor) ; Grznár, Miroslav (referee)
This article is comparation of sociological theories of Niklas Luhmann and Jürgen Habermas, specifically by their relation to law and the way it acquires its justification in society. The key difference of both attitudes is result of different approaches to concepts of system. Jürgen Habermas holds concept of open system and it makes him to think about law as institutionalization of communicative racionality of lifeworld. Theory of Niklas Luhmann shifts to the concept of closed system an it characterizes las as institution which lives its own life normatively closed to social enviroment. Comparsion of both theories by legitimity of law leads us to ask about their relation to positivistic concepts and the concepts of natural law. We argue that sociology of Law presented by Jürgen Habermas has its similarities with natural law concepts and autopoietic law of Niklas Luhmann has much in common with legal positivism. In spite of both has different attitude to rationalization of law, they describe legitimization of law in terms of procedure. Finally we argue, that there is possibility to find common elements and that those theories can understand each other.
|
|
|
Is the concept of human rights fictitious? Jürgen Habermas' postmetaphysical conception of human rights.
Lysoňková, Michala ; Znoj, Milan (advisor) ; Barša, Pavel (referee)
Human rights are the pervasive practical and political concept, discussed in various branches: political and legal philosophy, political science or jurisprudence. In the diploma thesis, this concept is discussed in the framework of political philosophy. An author's basic question: Is the concept of human rights plausible (rationally valid) in the postmetaphysical situation as well, and if so, which rights are possible to specify as "human"? This question is asked in view of contemporary (content, spatial and symbolical) expansion of human rights and solved in light of Jürgen Habermas' conception of human rights. Habermas' conception of human rights represents probably the most significant rational attempt to reformulate this concept in the postmetaphysical situation. His foundation is apparently free from the burden of all anthropological presuppositions, connected with a pristine articulation of the rights of man. As we know, these presuppositions also resound in the legal concept of human dignity. After the problem definition, a historical excursus on the field of rational natural law and basic characterization of the postmetaphysical situation, an analysis and evaluation of presuppositions intrinsic to Habermas' "linguistificated" conception of human rights follow - i.e. universal pragmatics,...
|
guest ::
