Transformation du droit: le point de vue du modèle communicationnel

Today, two philosophical attitudes clash regarding future transformation in law. One such attitude turns to the notion of systems while the other is grounded in the idea of real-life experiences. This article attempts to show how the communicational model by the philosopher Jürgen Habermas may provide a solution to problems raised by the transformation of law on the basis of real-life experiences. So we will first analyze the meaning of the question of transforming law by emphasizing the social logic inherent in law both from the perspective of systems and real-life experiences. Since we have chosen the topic of real-life experiences within the Habermassian perspective, we therefore analyze the specific conditions regarding the question of transformation in law. Hence, the model so developed opens onto a new conception of law itself, based on its apprehension through the intersubjectivity of language.

This content has been updated on November 6, 2015 at 12 h 15 min.