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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.
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