하버마스의 절차주의적 법 패러다임의 지향점과 한계점

The Direction and The Limits on Habermas’s Proceduralist Paradigm of Law

At the present situation which instrumental and technical politics dominates, Habermas’s Proceduralist Paradigm of Law for strengthening democratic legitimacy in law is a method for restitution of political autonomy’s ethos. In context of popular sovereignty, the legitimacy and the authority in law is based on the support of people. Though this popular sovereignty theory has been historically realized through the birth of council’s system, the council sovereignty theory has forgotten political autonomy’s ethos. Thus Habermas attempts to overcome the rupture of law and politics thorough his Proceduralist Paradigm of Law. But unlike his attempt to restitute political autonomy’s ethos, the application of his Proceduralist Paradigm of Law to the real life-world is likely to produce not ‘good goodness to people’ but the domination of power. When his Proceduralist Paradigm of Law based on the equality of power among diverse positions and the openness of each position is applied to real life-world based on the inequality of power among diverse positions and the hardness of each position, the result of the application is likely to produce not the combination between justice and solidarity but the domination of power.