Dissertation > Political, legal > Legal > Theory of law (Law)

On Negotiations during the Accepttance of Law

Author LiXiang
Tutor HuPingRen
School Xiangtan University
Course Legal Theory
Keywords Law and accepted Discourse theory Communicative rationality Overlapping Consensus
Type Master's thesis
Year 2010
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Law to accept the obedience of the law is not a state , but public acceptance, recognition , internalization of legal norms , obey or ignore the violation and resist behavioral responses . Negotiate a meaningful communicative action , in fact, is the subject of equality between mutual dialogue and exchange . Leave this equal dialogue and exchange law to accept it will be difficult to achieve the results they expect to be immune . With legal does not mean to have a legal order , if it is not built on the basis of discussions , the law can not truly reflect the social reality and the law in the form is a manifestation of political impose , rather than the result of people 's inherent identity , thus The law does not reflect public opinion . Set by law is not a legislative body , but rather the result of human actions . The only people in the legal sense of identity is , in essence, legal . Legally acceptable process reflects a meaningful interaction with the run-in , in this process , to discuss both sides accepted the recognition, internalization, obey or ignore contrary and resistance performance , and finally reach the \Want to negotiate , you must have the prerequisite and basis of the talks , the premise and basis of Habermas called \The discourse theory Keynote is accessible to discuss , get rid of the outside may be imposed by the realization of citizens' self- legislation . However , the talks of the \In addition , the law is approved by the authority of the judicial and administrative authorities of the countries and the implementation of the rules and principles , truly reflect the legal vitality is the implementation of the law , that is, the law enforcement and judicial . Enforcement negotiations and the judiciary to discuss the legal process of acceptance , only more practical significance . The views of the parties involved continue to be exchanged during negotiation , finally reached the \

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