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Communicative Theory of Law in the Philosophy of Unfinished Modernity by J. Habermas

Student: Aleksei Machikhin

Supervisor: Ekaterina Samokhina

Faculty: School of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2021

Social and philosophical views of Jurgen Habermas brought an innovative approach to legal theory. The interdisciplinary concept of the communicative reason was implemented by modern theories of law, as a result of which it was highly appreciated by theorists. And this is not surprising since Habermas's continuous, decades-long research activity on the study of normative moral actions, social justice and democratic rule of law in a complete list of works. In his later works, more and more topics are considered from the perspective of philosophy, theory and sociology of law. Therefore, this thesis is aimed at an attempt at a practical reconstruction of the legal views of J. Habermas, based on the constructions of the theory of communicative action. The methodological base of this study is the use of the problem-theoretical reconstruction of Habermas's views on communication theory in relation to law on the basis of their abstracting using primary literature, to the classical model of the work of philosophy, and secondary, in which the concepts of the thinker are analyzed. The scientific novelty in this thesis can be described as the first attempt in domestic legal science to reconstruct the legal views of J. Habermas within the framework of his own multifaceted and complex theory of communicative action, which has undergone significant changes in the course of the evolution of the socio-philosophical views of the thinker. This study is also distinguished by an interdisciplinary approach to the analysis of the Habermas's communicative theory of law, which is a theoretical synthesis of philosophy and sociology of law that also includes an analysis of the political and legal views of the thinker.

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