The theory of quantum law facing thinking postmetaphysical by Jürgen Habermas

Abstract

This research investigates the current stage of the theory of quantum law in the face of Jürgen Habermas's post-metaphysical philosophical thinking and, in this sense, seeks to ascertain whether the referred theory, which presents itself as a perspective of natural law, can materialize as a metaphysical theory of law. In order to try this problem, the work presents three sections, the first being a presentation of the theory of quantum law and its philosophical foundation, the second section an approach to the post-metaphysical thought of Jürgen Habermas and, finally, the third section deals with to answer the question about the possibility of the quantum theory of law being a metaphysical theory. The conclusion points to the fact that the quantum theory presents elements of a metaphysical character, as well as of a solipsistic nature, because defending the quantum law as a natural right, and also, sustaining that the judge creates a standard for the concrete case from a choice in view of a dual perspective, ends up falling into a return to metaphysical thinking, long since been vanquished by the twentieth century theories of philosophy of language, among which, the discursive theory of law by Habermas.