RATIONALITY OF LAW AND HUMAN CONDITION: ON THE INTERWEAVING OF LAW, POLITICAL AND MORAL

The proposed Habermas seeking to assert the legitimacy of the democratic constitutional state based on human rights aims to establish an internal connection between an effective democracy - political exercise - and the right. Therefore, it is necessary to formulate a political concept of legitimacy of orders characterized by the organization of state power, which follows pegged to the law legitimately established. Whereas the medium of state power is constituted in the form of law, policies seek orders in the legitimacy of the claimed right, its vigor. This article focuses on research examining the theoretical deficit and possibilities for implementation of the democratic exercise, recognition, and to evaluate the completeness relationship between politics and law. To this end this article drawing on the thought of Habermas sees the figure of the modern positive law, the possibility of assimilating - via communicative action - the tension between facticity and validity. This article returned their attention to the core problem that embraces the possibilities of social reproduction installed in the living world, seeking to assert the legitimacy of the right to view the proposal established the ideals of a democratic state.