On the Theory of Communicative Action of Jurgen Habermas and the Reconstruction of the Legal Culture of China  

作　　者：He Jing 

机构地区：[1]School of Law Nanjing Normal University,Nanjing Jiangsu 210000

出　　处：《学术界》2015年第4期276-280,共5页Academics

摘　　要：Habermas is one of the Western scholars who make great contribution to the contem porary humanistic and social science. He puts forward the theory of communicative action,which,with language as the medium,aims at mutual understanding and reaching an agreement. The theory of communicative action of Haberm as has the model significance for the reconstruction of the legal culture of China. Through studying of such a theory,this paper attem pts to interpret the rationalistic philosophy of the Western legal democracy which is based on the theory of discussion,and according to the current situation of the legal culture of China,this paper puts forward that we should refer to the theory of communicative action of Haberm as in order to accelerate the socialist legislation and prom ote the im plementation of the socialist concept of ruling by law.Habermas is one of the Western scholars who make great contribution to the contemporary humanistic and social science. He puts forward the theory of communicative action, which, with language as the medium, aims at mutual understanding and reaching an agreement. The theory of communicative action of Habermas has the model significance for the reconstruction of the legal culture of China. Through studying of such a theory, this paper at- tempts to interpret the rationalistic philosophy of the Western legal democracy which is based on the theory of discussion, and according to the current situation of the legal culture of Chi- na, this paper puts forward that we should refer to the theory of communicative action of Habermas in order to accelerate the socialist legislation and promote the implementation of the socialist concept of ruling by law.

关 键 词：法律文化 哈贝马斯 交往行为 行为理论 中国 人文社会科学 重构 理性主义 

分 类 号：D90-052[政治法律—法学理论] B516.59[政治法律—法学]