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Habermas, Foucault and the political-legal discussions in China : a discourse on law and democracy / Fan Yang.

Yang, Fan (Law teacher), author.
2022
KNQ440
Available Online
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Title
Habermas, Foucault and the political-legal discussions in China : a discourse on law and democracy / Fan Yang.
Author
Yang, Fan (Law teacher), author.
ISBN
9789811901324 (electronic bk.)
9811901325 (electronic bk.)
9789811901317 (print)
9811901317
DOI
https://doi.org/10.1007/978-981-19-0132-4
Published
Singapore : Springer, 2022.
Language
English
Description
1 online resource (xi, 153 pages) : illustrations (some color)
Item Number
10.1007/978-981-19-0132-4 doi
Call Number
KNQ440
Dewey Decimal Classification
340/.1
Summary
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.
Bibliography, etc. Note
Includes bibliographical references.
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Access limited to authorized users.
Source of Description
Online resource; title from PDF title page (SpringerLink, viewed March 17, 2022).
Available in Other Form
Print version: 9789811901317
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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.

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