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对法律规范的不认可往往是错案发生的原因之一。法律的规范性追问即是在回答何为正确之法与为何遵守该法的问题。古典自然法的时代将法律规范寄居于神话或宗教,启蒙时代则是在强调法的理性,而实证法时代却是在不断背离这一问题,最终形成法是不得不遵守的制度的印象。哈贝马斯从商谈的角度重构实证法时代的法律规范,将法律规范与公民规范性认可相结合,在交往理性驱使下,解决法律事实与法律规范的张力,并最终形成自己程序法律观。
Disapproval of legal norms is often one of the reasons for the wrong case. The normative quest for law is the answer to the question of what is right and why it is observed. In the era of classical natural law, the rule of law dwells on the myth or religion. In the Enlightenment era, it emphasizes the rationality of law. However, the era of positive law is constantly deviating from this issue. The final formation law is the impression of the system that must be obeyed. Habermas reconstructs the legal norms in the era of positive law from the perspective of negotiation, and combines the legal norms with the normative approval of citizens. Under the guidance of communicative rationality, Habermas resolves the tensions of legal facts and legal norms and eventually forms the legal concept of procedural law .