This paper aims to show the law and modernity ideas under Jürgen
Habermas perspective, which establishes a new model of reason as paradigm of
overcome the crisis instituted at modernity, which reflects the legitimacy crisis of
law itself. This is a bibliographic work, based upon Habermas publications on the
matter, as well as wellknowed commenteres of this author. The start point was the
law conception developed by great classic sociological thinkers, with emphasis on
the diagnosis role of Max Weber, centred upon the instrumental rationality idea,
criticized by Habermas for lacking greater conceptual precision at modernity
pathologies identification. The Habermas diagnosis tries to accomplish that goal by
a reconstructive work over modernity and law most important conceptions,
considering the idea of communicative reason.
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