Entre normas e valores: a crítica da dicotomia e suas consequências para a análise do Direito em Jürgen Habermas

Abstract

This work aims to extend the criticism of the dichotomy made by Hilary Putnam to the theorist of society Jürgen Habermas for his work that deals more closely with Law, namely Between Facts and Norms. In this work, we try to make a parallel between the dichotomy of the moral norm and the ethical value with the legal norm and the ethical value, in order to demonstrate that Habermas has the same evaluative difficulty in both cases for a single reason: the author is too restricted in its conception of values. Therefore, it was necessary to investigate the strong Habermasian distinction between reasoning and application judgments, demonstrating that there is a possible parallel between legal norms and moral norms, as both cases are cases of norms foundation and application.