The Necessary Connection Between Law and Morality. Rawls and Habermas: Reason, Pluralism, and the Claims of Political Philosophy. The Concept of Human Dignity and the Realistic Utopia of Human Rights. Between Naturalism and Religion: Philosophical Essays. The Postnational Constellation: Political Essays. Introduction to the Seminar on Jürgen Habermas’s Discourse Theory. In The Inclusion of the Other: Studies in Political Theory, ed. Contributions to a Discourse Theory of Law and Democracy. Moral Consciousness and Communicative Action. Justification and Application: Remarks on Discourse Ethics. The Tanner Lectures on Human Values (Harvard University, October). Harvard Journal of Law and Public Policy 31(1): 171–196. Human Rights, Transnational Solidarity, and Duties to the Global Poor. Habermas on Human Rights: Law, Morality, and Intercultural Dialogue. New York: Oxford University Press.įlynn, Jeffrey. In Natural Law Theory: Contemporary Essays, ed. Montreal: McGill-Queen’s University Press.įinnis, John. Cambridge, MA: Harvard University Press.Įdgar, Andrew. Washington DC: Georgetown University Press.ĭouzinas, Costa. Consulted on Thursday, January 8, 2015.Ĭurran, Charles E. Autonomy in Moral and Political Philosophy. Jürgen Habermas: Modern Social Theory as Postmetaphysical Natural Law. The Natural Law Foundations of Modern Social Theory: A Quest for Universalism. New York: Oxford University Press.Ĭhernilo, Daniel. Natural Law and the Ethics of Traditions. Law and Philosophy, 8(3), Symposium on Legitimacy of Law: 291–300.īoyle, Joseph. Philadelphia: Temple University Press.īickenbach, Jerome E. Justifying Law: The Debate over Foundations, Goals, and Methods. Philosophy and Social Criticism 20(4): 71–99.īellioti, Raymond A. Discourse Ethics and Human Rights in Criminal Procedure. Law, Morality, and the Existence of Human Rights. The Argument from Injustice: A Reply to Legal Positivism. For Habermas, law and morality deal with the same problem: legitimately ordering interpersonal relationships through justified norms. Thus, the aim of all laws should be both the attainment of the end of the state and the common good of the community, both immediate and ultimate. Approached from this perspective, the law must be enacted in such a way that it secures the welfare of the individual and the good of the community. For this second group, any law that claims to regulate behavioral expectations must be in harmony with moral norms. On the other hand, there are those who maintain that law and morality are interdependent. For this first group, a law cannot be disregarded merely because it is morally indefensible. On the one hand, there are those who argue that law and morality are independent – though not unrelated. Different legal thinkers have interpreted the relationship between law and morality in different ways. Law compensates for the functional weaknesses of morality and morality tempers the mechanical implementation of positive law through the notions of solidarity and responsibility. Both notions have their common foundation in the concept of individual autonomy and equal respect for everyone. Law and morality are two normative systems that control and regulate behaviors in a human community so as to allow harmonious and effective intersubjectivity between individuals who recognize one another as bearers of rights.
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