Example:
Thesis outline:
I background: legal legitimacy and negotiation theory
(A) the general theory of western legal legitimacy
1. Two basic connotations of legitimacy: empirical legitimacy and normative legitimacy.
2. As a concept of relationship, legitimacy (or legitimacy)
3. Proof mode of legal legitimacy.
(2) The basic characteristics of the legal legitimacy negotiation theory.
1, the whole theory
2. Reconstruction theory
3. Business talks
Second, the legitimacy basis of modern law: beyond morality and politics
1, Dual Nature of Modern Law: Legitimacy and Positivism
2. Law and morality
3. Law and Politics (Power)
Thirdly, rebuild the legitimacy of modern legal order.
(a) Rights system: a prerequisite for proper law
1, the significance and task of the right system
2. Right basis: human rights and people's sovereignty (private autonomy and public autonomy).
3. Reconstruction of the right system
(b) Re-establishing the principle of the rule of law (especially the decentralized structure)
1, the process model of political legislation: the ideal embodiment of proper legislation.
2. The principle of reconstructing a country ruled by law: the validity of legitimate laws.
Four. Conclusion: The significance and limitations of reconstructing legal legitimacy.
abstract
Since the 1990s, Habermas's theory of negotiation law has exerted an influence all over the world. Generally speaking, this theory represents Habermas's response to the crisis of a country ruled by law, so its main topic is to rebuild the legitimacy of modern law. Habermas distinguishes between evidential negotiation and applied negotiation, so as to deal with the legitimacy of the whole legal order and individual legal norms (or the legitimacy of legislation and justice) respectively. This paper mainly discusses the legitimacy of legislation.
Habermas believes that under the post-metaphysical world outlook, the legitimacy of law can neither be judged according to its conformity with external moral norms, nor can it be guaranteed by compulsory political power. On the contrary, only those laws produced in the process of deliberation opinions and will formation of citizens with equal rights are legal laws. Therefore, the right system is the premise of legitimate legislation, and the democratic legislative procedure guaranteed by the decentralized structure is the mechanism to produce legitimate laws, in which the legitimacy of democratic procedures is guaranteed by the quality of negotiations.
In order to ensure the realization of legal legitimacy, Habermas reconstructed two levels of modern country ruled by law-right system and separation of powers. Habermas's reconstruction of the right system requires that it must be able to ensure both private autonomy and public autonomy: on the one hand, in the post-metaphysical era, private autonomy can no longer be based on abstract individual moral autonomy, but must be based on the recognition between peaceful subjects and reflected by political autonomy among citizens. On the other hand, if public autonomy wants to wash away the evil of "tyranny of the majority", it must always take private autonomy as a refuge. Habermas's reconstruction of the separation of powers focuses on building a rational process of forming political opinions and will, highlighting the priority of legislation and opposing the expansion of judicial and legislative power, thus maintaining a traditional framework of parliamentary decentralization. At the same time, Habermas also emphasized the importance of informal communication in the public sphere for proper legislation.
1. How to write the library's annual work plan for 2022?
First, the guiding ideology:
The rapid development of modern science an