哈贝马斯法律合法性思想与西方马克思主义传统之关联

The Relation between Habermas' Thought of Legitimacy of Law and Western Marxism Tradition

哈贝马斯《在事实与规范之间》一书的核心论题是要解决现代社会法律的合法性问题。哈贝马斯法律合法性思想继承并发展了西方马克思主义传统,主要表现在:发展了西方马克思主义"强制与同意"论题;扬弃了法兰克福学派实证主义批判传统;重构了西方马克思主义理性观。

The theme of Habermas＇ work, Between Facts and Norms, is to solve the legitimacy of law in modem society. Habermas＇ thought of legitimacy of laws has inherited and developed the Western Marxism tradition in such a way as developing the theme of ＂coercion and consent＂ in Western Marxism; sublating the critical tradition of positivism by Frankfurt school; and reconstructing the rational view of Western Marxism.