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On the Legitimacy of Law: A Conceptual Point of View *
Author(s) -
AARNIO AULIS
Publication year - 1989
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/j.1467-9337.1989.tb00038.x
Subject(s) - rationality , legitimacy , morality , jurisprudence , law , democratic legitimacy , epistemology , democracy , sociology , face (sociological concept) , law and economics , political science , philosophy , social science , politics
. The author outlines a conceptually oriented rational reconstruction of crisis tendencies in modern law. The connection between problems of legitimacy and the notion of rationality is emphasized and topics involving both the theory of communicative rationality and the theory of practical reasoning (especially in law) are discussed. The author concludes that a theory transcending the traditional approaches is needed. Otherwise, we shall not be able to face the questions of jurisprudence in the future, especially as regards an assessment of the relations between law and morality, between law and society and finally between law, legitimacy and democracy.