Human rights and democracy
Studies based on Jürgen Habermas
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After the Universal Declaration of Human Rights (1948), it is impossible to talk about the legal system without thinking about restructuring this system and analysing its facticity and validity. It is necessary to consider moral action within the framework of the right to freedom and equality. There is an urgent need to think about a political system that guarantees social integration in such a way as to ensure the autonomy of subjects as authors and legitimisers of this system and the set of laws and norms that regulate it. The dialogue between law and morality is revived, given the need for ...
After the Universal Declaration of Human Rights (1948), it is impossible to talk about the legal system without thinking about restructuring this system and analysing its facticity and validity. It is necessary to consider moral action within the framework of the right to freedom and equality. There is an urgent need to think about a political system that guarantees social integration in such a way as to ensure the autonomy of subjects as authors and legitimisers of this system and the set of laws and norms that regulate it. The dialogue between law and morality is revived, given the need for clarification that Habermas makes, overcoming the Kantian view that extracts legal norms from the concept of morality. The central problem is the legitimisation of modern law, which is given only by the sanction of the law, which can be changed at any time by the political legislator. From this perspective, this work, the result of a master's dissertation at PUC-RS, is aimed at the legal, philosophical and political fields and at all those concerned with thinking and acting from the perspective of an effective Democratic Rule of Law.
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