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Communicative rationality as the basis for the legitimacy of good governance

Mgr Mariola Żak

University of Warsaw

English abstract: The main aim of this paper is to demonstrate that the concept of good governance, based on the theoretical description and methodology of the sciences of organization, public management and economy, auxiliary extending to other reconstructive sciences (political science, sociology, psychology), has the cognitive dimension, referring to the practical reasoning of individuals. Through subjection of specific strategies to the communicative rationality, depending on the normative context, the different ways of public sector management may be selected by the public agencies to a specific area of social relations. This choice is made based on the rational consensus, concluded between the stakeholders and the so-called depositary of the law, by which is meant the professionals associated with the performance of the public service: the politicians, the lawyers and the law-applying officials. The article shows the application of the theory of the communicative ethics: the universal pragmatics of J. Habermas and the transcendental pragmatics of K.-O. Apel in order to explain and justify good governance model.

Keywords: good governance, networks, legitimacy, instrumental rationality, communicative rationality, universal pragmatics, transcendental pragmatics

Language: Polish

Received: 25.09.2016
Accepted: Załączniki02.03.2017

Published: Number 2(15)/2017, pp. 98-114.

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Filed Under: Articles Tagged With: communicative rationality, good governance, instrumental rationality, legitimacy, Mariola Żak, networks, transcendental pragmatics, universal pragmatics

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Keywords

sources of law procedural criminal law ideological interpellation realisation of Law value pluralism radical Enlightenment nullum crimen sine lege law and conventional social facts formalization nostalgia Jakub Łakomy Weight Formula personal dimension in legal education autonomy Michael Moore Hart-Dworkin debate Paweł Kokot Michał Pawłowski health derivative concept of legal interpretation sorites paradox Ofer Raban common good principle of salience regulation of order Adam Sulikowski anti-crisis regulations decision-making character of interpretation legislative materials lawyers’ ethics access to medicines judicial character normative systems dialogue first-order observation collective guilt ombudsman institutions resentment indigenous people Japanese criminal law journalist Berlin Wall reflective equilibrium Rafał Mańko legal education Sławomir Drelich lawyers’ professional self-government photographs principle of lex mitior retro agit culture of justification

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