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Legal Rules, Moral Norms and Democratic Principles

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Edited By Bartosz Wojciechowski, Piotr W. Juchacz and Karolina Cern

The book tackles significant problems that each historian of law faces in the light of present decline of philosophical, ethical and ideological canons in the overall context of western civilization. The issues discussed in the book manifest themselves in the question whether the «democratic turn» is a real or just a virtue one. Democracy generally means governance by the people – but who are the people? What kind of governance by the people can be claimed as democratic – all of the various types that exist or only a single, chosen one? What – if any – is the normative issue of such a governance? Democracy, after all, is not a simple descriptive model of governance; it is deeply rooted in our preferences and hence normative patterns of conduct, which are not yet to be understood as the norm but rather as founding principles. Democracy is a thoroughly normative model. It is always as constructed and uttered in the picture of life at the same time.

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Part I: Moral and Legal Discourse in a Constitutional Democratic State

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Part I Moral and Legal Discourse in a Constitutional Democratic State Karolina M. Cern & Bartosz Wojciechowski Adam Mickiewicz University & University of Łódź, Poland Postmetaphysical Approach to Moral Autonomy and the Justification of the Thesis of the Necessary Relations between the Legal and Moral Discourse Abstract: The following paper discusses the significance as well as the role of legal discourse in relation to morality from the point of view of the discourse theory. Reflec- tions of three “fathers-founders” of the theory of discourse (Jürgen Habermas, Karl- Otto Apel and Robert Alexy) are presented in the strict relations to their roots, namely, to Kantian practical philosophy and above all to the categorical imperative. The basic task of the paper is to highlight the importance of the issue in question for current debates in field of practical philosophy. Keywords: discourse, autonomy, categorical imperative, laws of law-making Introduction The arena of the twentieth-century philosophy was full of turbu- lent events, turnabouts and changes in the paradigms, which often remained under the unmistakable influence of the nineteenth-century thought. One could even say that it inferred the radical implications from the considerations of its ancestors, drawing from this its excep- tional power of influence from the perspective of its achievements to date. A special role in the past century was granted to the category of facticity. The latter constitutes a peculiar modification of the concept of sensibility, which casted an important role in the philosophy of Im- manuel Kant. It concerned, generally speaking, the relations...

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