Abstract

Abstract: This paper discusses the relationship between law and morality for Habermas, in his Tanner Lectures (1986), from an overlap between the models of moral and legal procedural rationality. Against all forms of legal positivism, Habermas restores the relationship between law and morality based on what was conventionally called moralization of law. Accordingly, the legality has a rationale that makes itself valid as legal system, given the complementary relationship established between positive law and moral proceduralism.

Keywords: legality, moral, rationality, procedure.