Die Begründung der Menschenrechte aus Sicht der Diskurstheorie

Karl-Otto Apel, Jürgen Habermas and Robert Alexy claim to show that the ultimate justification of human rights as moral and positive rights is based on discourse. Answering the question of whether this claim can actually be fulfilled in their discourse theories of morality and law is the goal of this thesis.
It follows from the findings of the thesis that this ambitious project must ultimately be considered a failure. While discourse theories of law offer a solution to some of the problems caused by discourse ethics, they confirm the assumption that no bridge exists between validity and facticity. There is no unity, only differences themselves.