커뮤니티를 통한 체계와 생활세계의선순환 구조 구축 - 하버마스의 절차주의적 법이론의 현재성

Abstract

The purpose of this paper is to explore institutional and practical ways to build a virtuous cycle structure of the system and lifeworld in today's Korean society based on Habermas's procedural legal theory. Habermas guarantees the autonomy of the life world and seeks ways in the law to interact with the system and the lifeworld in a virtuous cycle. According to him, the law, on the one hand, restricts the functional commands of the system from invading the lifeworld, and on the other hand, it can be a source of social integration as a 'Transmissionsriemen' that transmits opinions and wills formed in the lifeworld to the system. According to Habermas' procedural legal theory, law can secure legitimacy when it is produced based on communicative power according to a democratic process that guarantees universality and accessibility of discussion. The author examines the Actuality of procedural legal theory by reformulating the concept of the 'public sphere', which Habermas set as the basis for the actual formation of legitimate law, into a community concept that is emerging in a flexible and pluralistic form today. In conclusion, this thesis argues that procedural legitimacy must be secured based on an equal and open organizational community in order for the law to serve as a transmission line that mediates the system and the lifeworld and integrates society. Finally, I will propose the introduction of the Community Support Act as a way to activate the political role of the community as a normative basis for legitimate law.