Jurisprudence of Jrgen 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 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.
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