Waardes as norme en as meta-norme/beginsels


The fruitfulness and the necessity of the distinction between values and norms and as principles are investigated by way of the theory of political development, the legal philosophical issue surrounding natural law and positivism and the views of Habermas. In political developmental theory questions centring on value gained legitimate relevancy under the influ­ ence of the post-behaviorist approach. The quest for cultural universalia or values as principles became important in this sphere because it seems to be the only way to escape from the syndrome of modernity. Through the rejection of the oppositions and one-sidedness of legal positivism and natural law and with the aid of the distinction between values, norms and principles the productive contribution of this spurious dilemma is high­ lighted and a clearer delineation is given of the concepts legal develop­ ment and structural violence. In conclusion Habermas's distinction between norms and meta-norms is investigated critically and immanent contradictions in his views are pointed out. The central place which this issue has in his thought can be seen as a confirmation of the importance of this distinction. It is relevant for all the normative disciplines which - in contrast to the natural sciences - focus on the role of linguistic, social, ethical, legal and artistic norms valid for human societies.

Copyright information

  • Ownership of copyright in terms of the Work remains with the authors.
  • The authors retain the non-exclusive right to do anything they wish with the Work, provided attribution is given to the place and detail of original publication, as set out in the official citation of the Work published in the journal. The retained right specifically includes the right to post the Work on the authors’ or their institutions’ websites or institutional repository.

Publication and user license

  • The authors grant the title owner and the publisher an irrevocable license and first right and perpetual subsequent right to (a) publish, reproduce, distribute, display and store the Work in  any form/medium, (b) to translate the Work into other languages, create adaptations, summaries or extracts of the Work or other derivative works based on the Work and exercise all of the rights set forth in (a) above in such translations, adaptations, summaries, extracts and derivative works, (c) to license others to do any or all of the above, and (d) to register the Digital Object Identifier (DOI) for the Definitive Work.
  • The authors acknowledge and accept the user licence under which the Work will  be published as set out in https://creativecommons.org/licenses/by/4.0/ (Creative Commons Attribution License South Africa)
  • The undersigned warrant that they have the authority to license these publication rights and that no portion of the copyright to the Work has been assigned or licensed previously to any other party.

Disclaimer: The publisher, editors and title owner accept no responsibility for any statement made or opinion expressed by any other person in this Work. Consequently, they will not be liable for any loss or damage sustained by any reader as a result of his or her action upon any statement or opinion in this Work. 
In cases where a manuscript is NOT accepted for publication by the editorial board, the portions of this agreement regarding the publishing licensing shall be null and void and the authors will be free to submit this manuscript to any other publication for first publication.

Our copyright policies are author-friendly and protect the rights of our authors and publishing partners.