Le modèle communicationnel en science juridique: Habermas et le droit

Bjarne Melkevik, « Le modèle communicationnel en science juridique: Habermas et le droit » (1990) 31: 3 C de D 901. 

In this article, the author proposes an analysis of the German philosopher Jürgen Habermas' communicational model in the perspective of its application to legal sciences. Habermas succeeded in isolating the significant aspects of a normative science and his model can help legal shcolars in reflecting on the processes inherent in the justification and evaluation of any legal system worthy of such a name. In the first place, the author analyzes the communicational model by emphasizing the relevant aspects for a legal science model. In the second place, the concept of rationality is examined and lastly the concept of methodology. The author concludes by proposing that the communicational model make it possible to approach a procedural conception of law that emphasizes "that which is required in law."

This content has been updated on November 6, 2015 at 12 h 37 min.