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- Rechtsnormen und Rationalität
Rechtsnormen und Rationalität
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»Legal Norms and Rationality. The Problem of Legal Validity in the Theories of Hans Kelsen, Jürgen Habermas und Niklas Luhmann«
Why should positive law be respected by those who disagree with it? In modern society, the validity of norms can no longer be anchored in constants such as >religion<, >nature< or >convention<. However, if one wants to grasp law as a normative phenomenon and not merely as a social mechanism for controlling behaviour, the question arises as to its power of obligation. This paper analyses the theories of Hans Kelsen, Jürgen Habermas and Niklas Luhmanns with regard to their epistemological starting points and their contribution to solving the problem of legal validity. The law and its validity cannot be adequately described without taking into account the participant's perspective: A justification of the validity of law as mandatory for the coexistence of people cannot be done statically, rather, it must always be reflected upon in its social context.
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