Between Facts and Norms - Contributions to a ... - Blogs Unpad

131--------- ------- ------- ----------- ----- --A Reconstructive Approach to Law Icannot be compelled simply through law; it is regenerated fromtraditions and preserved in the associations of a liberal politicalculture. Legal regulations can, to be sure, take precautions thatkeep down the costs of the civic virtues that are called for, ensuringthat only small price hikes are necessary. The discourse-theoreticunderstanding of the system of rights directs our attention to bothsides. On the one side, the burden of legitimation shifts fromcitizens' qualifications to legally institutionalized procedures ofdiscursive opinion- and will-formation. On the other side, thejuridification of communicative freedom also means that the lawmust draw on sources of legitimation that are not at its disposal.