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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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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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The Analogy and the Difference of Rawls' and Habermas' Theory of Democracy
Novák, Marek ; Šimsa, Martin (advisor) ; Franěk, Jakub (referee)
The subject of this thesis is the description of two current normative models of democracy which were created by John Rawls and Jürgen Habermas. The aim of this thesis is to describe the most important ideas of these authors presented in their major works, compare them with each other and then highlight some similarities and differences. I will focus on their vision for western democratic societies and international dimension of their theories. I will focus on methodology as well. The question I would like to answer is: to which extend could be these theories of democracy considered as the theories of liberal democracy? First I will deal with John Rawls's approach. In A Theory of Justice he introduced interesting idea of the social contract restoration and the establishment of two principles of justice in the original position. This work can be read as defence of human rights. Next I will focus on Political Liberalism. In Political liberalism Rawls is interested in securing human and civic rights for members of modern pluralist democracies. He is introducing here the idea of an overlapping consensus. This idea should maintain the stability of a system. The Law of Peoples is the attempt to bring his theory to international level. Next I will move to Jürgen Habermas. I will mention his early works -...
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Ethical Apects of internatiol relation (Lockean perspective)
Gregárek, Matěj ; Kratochvíl, Petr (advisor) ; Ditrych, Ondřej (referee)
Ethics in the international relations is usually based on the assumption that states represents an ethically relevant subject. The thesis challenges the assuption, that existing states could be legitimized on the general principles of universal ethics in any other way than as a "realm of necessity" and inquires the conseqeuncesof the lack of domestic legitimity on the ethical assertion of the state's conduct abroad.
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