Modern și postmodern în gândirea juridică contemporană. De la „legile practice” la „acțiunea comunicativă”
Modern and Postmodern in Contemporary Legal Thinking. From “practical laws” to “communicative action”

Author(s): Viorel Miulescu
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Universul Juridic
Keywords: natural law; positive law; modernism; postmodernism; communicative action;
Summary/Abstract: The modern era of empirical and culture history, including the one of legal doctrines, became the object of theoretical interest in the XXth century and the beggining of the XXIst century especially due to what we call today postmodernism. As an aesthetic and philosophical indicator, it appears as a cultural pylon that can be defined as prominent differences compared to modernism and compared to classical european rationality. Kant came to establish mankind at the center of our world, stating that rationality dictates the laws of nature. The optimistic conclusions of kantian anthropocentrism have only been surpassed as of the last decades, through the efforts of postmodern thinking. Jürgen Habermas suggests bringing back the modern idea of human autodetermination, but framed in a theory of communicative action.

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