Abstract

SAHUI MALDONADO, Alejandro. Fundamental Rights, Generalizable Interests, and Human Needs. Andamios [online]. 2008, vol.4, n.8, pp.169-184. ISSN 2594-1917.

The objective is to contribute to the discussion of Cristina Lafont's notion of political legitimacy, emphasizing its realism-not constructivism-as understood in Jürgen Habermas' discursive ethics. The author argues that legitimacy is usually associated with decision-making procedures but is not identical to mere agreement per se. Legitimacy incorporates the idea of the general interest as a practical presupposition. These interests are defined as fundamental rights in the procedure. The notion of justice in this sense is a contextual one, but capable of transcending historical agreements and susceptible to revision in terms of truth.

Keywords : Legitimacy; justice; fundamental rights; interests; discourse ethics.

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