Legal Philosophy as a Barometer of Modern Reason?

Vol.2,No.1(1994)

Abstract
The article aims to refer to a possible interpretation of the role of legal philosophy in the intellectual life of the society. The problem is dealt with on the background of the evaluation of the relationship of general philosophy and legal philosophy included in "Legal Philosophy of the 20th century" by V. Kubeš. This relationship is viewed as undergoing a deep crisis, as separating of legal philosophy from its theoretic basis. The author is of the opinion that solving such a problem requires answering the question what function general philosphy performs. She also refuses the standpoint of the postmodernists, stating the demise of philosophy or its substitution by other forms of thought. The author's opinion is based on Habermas' view of philosophy as a "guardian" of reasonability and the interpreting agent. By the way of analogy she tries to give reasons for the function of legal philosophy. Legal philosophy as an expression of a certain dimension of rationality may lead to inducing something like a "synergetic effect" of the several normative discourses. Then even the legal discourse itself would be filled with a meaningful content so that the concern for law would mean in the first place the concern for Man.

Pages:
60–63
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