A Compreensão Procedimental do Direito, de Jürgen Habermas, Ante a Folha de Contraste da Teoria Sistêmica, de Niklas Luhmann

Abstract

This article consists of a number of initial reflections on concepts inherent to the theoretical paths traced by J. Habermas and N. Luhmann. It was developed with the intention of showing how a confrontation between their ideas allows us to offer contrasts to specific elements of Habermas’s arguments. The understanding of these divergences is necessary for an accurate interpretation of their respective theories of law.