JURISPRUDENCE OF JÜRGEN HABERMAS
In Defence of Human Rights and a Search for Legitimacy, Truth and Validity
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Philosophy is the science of all sciences (Scientia Omnia). It sees and knows the life and behaviour of every science, because it knows their origins and principles.
In this book, philosophy lets law stand revealed, so that both legal professionals and lay men can see and understand modern law and its relationship with democracy; the meaning of law, how law comes into being, the principles that guides its operations, how law acquires its powers of binding and biting and how it can loose these powers.
It enables even the lay man to see his rights and roles in the making of laws, especially in the democratic states. It reminds legal professional to keep updating their knowledge and practice of law in the light of philosophical thoughts.
The Book poses some fundamental questions or the why-ness of the discourse theory of law. In the face of all these questions, one thing that comes prominent to mind is that something has happened in the life wire of legal system. Something serious has occurred in the legal history, especially in the area where it is oriented to the social system. As we know law and society are closely connected. The changes and evolution of society affect its law. A proper understanding of modern law also requires some insight into its historical social background. This very insight reveals the image of most modern law as that of monarchic legality in the democratic society.
In other words, most of the theoretical models which direct the organisation and functioning of modern law are now obsolete. This is the effect of evolution of society due to its rationalisation, which destroys the traditional modes and social ethos on which these legal theoretical models were based. In pre-modern society, legitimacy and validity of social norms were based on their conformity with tradition or common social ethos. These traditions and common social ethos were in turn grounded on some long standing principles of assumptions. Now, the rationalisation of society and the life- world have revealed the emptiness of most of these assumptions. Consequently, things have fallen apart, and the centre cannot hold again.
In his reconstruction of legal system J. Habermas reviewed and employed Discourse Theory of Law as his own reconstructive strategy. His work has called our attention to the legal condition, and to his own reconstructive claims.
In this project, we shall dive deep into the foundational basis of leading theoretical legal models to see what happened. The programmed search is of course from philosophical perspectives. This investigation will call our attention to Kantian philosophy of justice, J. Rawls theory of justice, the legal system theory of N. Luhmann, the legal sociology of M. Weber, Parson and Marshall. Foundation is very important for every structure; therefore, reconstruction of the legal foundation requires strong fortification. Perhaps, it is in order to get rid of old mistakes that Habermas lays a new foundation all together. This new foundation is on the System of Rights; this System of Rights will also be our guide.
After the reconstruction of the validity of legal foundation, the attention is geared towards the task of the new legal systems. Following Habermas, the author undertook the task of redefinition of normative content through system of rights, he traced the relationship between legitimacy and validity (legality), highlighting some problems of legislation while at the same time stressing on validating factors. The historical development of the doctrine of right is characterised by diverse views; this book traced the history of rights so as to show not only how long the system of rights has been displaced but also how much human rights have suffered.
By means of discourse theory, the work attempts to relax the tension between private and public autonomy. Thomas Hobbes' citizen and ideas of human rights differ from what we have today. The book placed his rights and citizenship side by side with that of J. Habermas in explanation of meaning, legitimation and validation of law.
One of the characteristics of legal system which often frighten people is its enigmatic nature. Human rights have some how inherited this surprising natural enigmatic tendency. Hence, some judges today refuse to assimilate Human Rights as legal principle. To free human rights from this inherited enigma, the author argues against those who maintain that human right is not a legal principle, because it was originally born out of the United Nations' Convention. At this point, the author made a radical move of deducing human right from practical legal discourse, in order to give right a place among legal principles
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About the Book
Philosophy is the science of all sciences (Scientia Omnia). It sees and knows the life and behaviour of every science, because it knows their origins and principles.
In this book, philosophy lets law stand revealed, so that both legal professionals and lay men can see and understand modern law and its relationship with democracy; the meaning of law, how law comes into being, the principles that guides its operations, how law acquires its powers of binding and biting and how it can loose these powers.
It enables even the lay man to see his rights and roles in the making of laws, especially in the democratic states. It reminds legal professional to keep updating their knowledge and practice of law in the light of philosophical thoughts.
The book is a demonstration of law born from democracy; law built on rights, rights of which are Human Rights. It fills out thought with trial of man in the laws of his rights, the legitimating force and power of agreement (contract); the unbending roles, rules and forces of logic and reason in law.
The book also untangles the paradoxical relationship between rights and popular sovereignty; it identifies one of the naturally free but often most expensive human phenomena, “the autonomy”. As Jacques Rousseau tells us, “Man is born free, but everywhere finds himself in chains”. Most of these chains are inhibitions and limitations to autonomy either personal or collective. Yet autonomy remains as a fundamental law on its own right, the self-determination which emerges from the universal law of freedom (Freiheit).
An insight on aims and objectives of some selected legal traditions reveals to us why a given legal dispute can result to different decision-makings at the hands of different lawyers and judges. The book also opens a forum for dialogue for leaders of thoughts, cultures, religions, policies and politics.
About the Author
Dr. Chin L Orjiako is a legal philosopher, a political scientist and a disciple of Jürgen Habermas (The Philosopher). Dr. Chin studied in some of most respectable and renowned institutions of learning and came out with lots of degrees.
From the Pontifical Urbaniana University Rome (
From the
From Johann Wolfgang Goethe University Frankfurt am Main,
From the
Presently, he is engaged in teaching/lecturing, researching and working with the Education Union in the
His PhD conferred on him the membership of recognized authority of researchers. By this, he is not only an expert researcher, but also a researcher with authority, whose works are referred to by academicians and other researchers.
The experience and skills he acquired through his doctoral research have led him to simplify the burden of research works, especially for MA and PhD, in his forth coming publication on research method. Similar experiences and skills are reflected in the present publication.
He also draws strength from the same skills and experience in his lecturers on Research Methodology for MA and PhD Students at
His same research experiences have opened another interesting avenue: that is research for funds and Fund Raising.
Based on the out come of his study of law at the University of Westminster London, he worked for the Templeton Legal Services Wembley Park as Consultant, Legal Adviser and Legal Representative, from 2004-2005. His duties included dealing with clients and their cases in the office and representing the Firm at the Home Office on immigration matters and at Prison for other matters.
Before that he did nine months placement with Citizens Advise Bureau as case worker. He is also doing a lot of private case works, legal consultancy and advice based on various areas of law.