On the Interlaced Complementarity of Law and Morality from the Perspective of Complex Society Relationship
In the third chapter of his book Between Facts and Norms,Habermas discussed the relationship between law and moral-ity in a complex society from two perspectives of norms and functions respectively.From the perspective of norms,the relation-ship between law and morality can actually be boils down to what subjective rights are.The differences between natural law and positivist jurisprudence on the relationship between law and morality are also reflected in their different views on subjective rights.Habermas criticized and analyzed the subjective rights theory of traditional natural law and legal positivism,and came to the con-clusion that the universality of subjective rights is only in procedural sense,which makes the democratic principle become the concrete principle of negotiation to undertake the important task of democratic negotiation.
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