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This book revisits the discourse theories of Habermas and Foucault in a Chinese context. After arguing that Habermas's Discourse Theory of Law and Democracy is too normative and idealistic, it presents Foucault's Discourse Theory of Power Relations to illustrate the tensions between different Western discourse theories. The book then draws on the normative concept of Confucian Rationality from traditional Chinese cultural sources in order to investigate how adaptable these two discourse theories are to the Chinese society, and to balance the tension between them. Presenting these three dimensions of discourse theory, as well as the relations between them, it also uses empirical descriptions of certain facts of political-legal discussion both in traditional China and in the country's new media age to explain, supplement and question this theoretic framework.
The book asserts that, because of the diverse modes of thinking in specific cultures, there might be different normative paradigms of discorse and different political-legal discussion modes across corresponding cultural contexts. Normative discourse theories provide guidance for the practices of deliberative democracy and legal discussions, which can in turn verify, supplement, improve and challenge the normative discourse theories. In addition to demonstrating the multiple dimensions of discourse theories, this research also promotes an approach to the Discourse Theory of Law and Democracy that combines elements of both Chinese and modern society.
List of contents
Introduction.- Between Normativity and Social Facts: A Sociological Interpretation on Habermas's Discourse Theory of Law and Democracy.- Communicative Rationality or Power Discourse: Foucault's Challenge to Habermas.- Confucian Rationality: Another Normative Interpretation on Discourse Theory.- "Public Sphere" and Political/Legal Discussions in Traditional Chinese Society Influenced by Confucian Rationality.- Rationality and Power in the New Media Public Sphere of China.- General Conclusion.
About the author
Fan Yang is an associate professor of law and a fellow of the Center for Jurisprudence Research and the Research Center for Judicial Data Application at Jilin University, China. He holds a PhD degree of social science from Ecole Normale Supérieure de Paris-Saclay in France, and another PhD degree of philosophy from East China Normal University. His teaching experiences and studies focus on sociology of law, legal philosophy and comparative law.
