نوع مقاله : علمی-پژوهشی
نویسندگان
1 استاد گروه حقوق دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران، تهران، ایران
2 استادیار گروه حقوق عمومی، دانشکده حقوق و علوم سیاسی، دانشگاه شهید چمران اهواز، اهواز، ایران
کلیدواژهها
عنوان مقاله English
نویسندگان English
Jürgen Habermas is one of the most prominent thinkers of the Frankfurt School, who has sought to reconstruct Marxism through a Hegelian interpretation and elevate the critical theory. Like Marx, he believed in the foundations of modernity and the rationalism stemming from it; however, he viewed modernity as an unfinished project. He argued that a new form of law and justice emerged within the capitalist mode of production, leading to the appearance of independent public sphere institutions. However, in late capitalism, government intervention in private matters and the dissolution of society within the state resulted in the decline of the public sphere, with public institutions taking on a consultative role. Therefore, a significant portion of Habermas's thoughts has been devoted to presenting the theory of "communicative action" to reconstruct the public sphere, as it is only within the public sphere that rationality is found and true democracy takes shape. Habermas offers a framework for a theory of legal democracy based on ethics, politics, and dialogue. His starting point in theories of law and democracy is a dialogue aimed at creating true legal and civic equality, which begins with a critique of two paradigms: bourgeois liberalism and social welfare. This paper, using a descriptive-analytical method, seeks to demonstrate that Habermas's analysis in this area is influenced by Marx's materialistic views regarding the state, even though he attempts to free himself from this constraint and to present a perspective somewhat detached from public law.
کلیدواژهها English
الف) کتابها
ب) مقالات