The paper deals with a critical reconstruction and analysis of the Habermasian theory of the universal pragmatics and the discourse, and focuses on the issue of the influence of these very theories on the concept of normative validity. There is also an attempt to analyse the limits of the discursive theory on the ground of the criticism concerning the concept of the discourse ethic and the concept of an ideal discourse. Some light is consequently cast on the applicability of the theory to the legal discourse. The paper is an attempt to present some arguments which show that universal pragmatics and the Habermasian theory of the discourse provide an important conceptual framework for the discussion concerning the problem of legal vali...