Habermas, Foucault and the Political-Legal Discussions in China: A Discourse on Law and Democracy

This book explores the tensions between Habermas and Foucault's discourse theories in a Chinese context,presenting Foucault's theory of power relations to illustrate the differences. It then incorporates the normative concept of Confucian rationality to investigate the adaptability of these theories to Chinese society. The book argues that due to diverse modes of thinking, different normative paradigms of discourse and political-legal discussion modes may exist across cultural contexts. It promotes a combined approach to discourse theory that incorporates elements from both Chinese and modern society.

Format: Hardback
Length: 153 pages
Publication date: 11 March 2022
Publisher: Springer Verlag, Singapore

This book delves into the discourse theories of Habermas and Foucault, exploring their relevance in a Chinese context. It critiques Habermass discourse theory for being overly normative and idealistic, while highlighting Foucaults discourse theory of power relations to illustrate the complexities between different Western discourse theories. The book then incorporates the normative concept of Confucian rationality from traditional Chinese cultural sources to assess the adaptability of these discourse theories to Chinese society and balance their tensions. It presents these three dimensions of discourse theory, along with their interrelationships, using empirical descriptions of political-legal discussions in both traditional China and the countrys new media age to explain, supplement, and question the theoretical framework. The book asserts that due to the diverse modes of thinking in specific cultures, there may exist different normative paradigms of discourse and distinct political-legal discussion modes across corresponding cultural contexts. Normative discourse theories serve as guiding principles for practices of deliberative democracy and legal discussions, which in turn can verify, supplement, improve, and challenge the normative discourse theories. Furthermore, this research showcases the multifaceted nature of discourse theories and advocates for an approach to the discourse theory of law and democracy that blends elements from both Chinese and modern societies.

Introduction:
The study of discourse theory has gained significant attention in recent years, particularly in the context of globalization and the increasing interconnectedness of societies. Habermas and Foucault, two prominent figures in the field of discourse analysis, have made significant contributions to our understanding of power relations and the construction of knowledge. In this book, we will revisit the discourse theories of Habermas and Foucault in a Chinese context, exploring their relevance and applicability to the Chinese society.
Habermass Discourse Theory of Law and Democracy:
Habermass discourse theory is widely recognized as a powerful tool for analyzing the relationship between law and democracy. It emphasizes the importance of rationality, communication, and the public sphere in shaping democratic decision-making. However, this theory has been criticized for being overly normative and idealistic. Critics argue that Habermass discourse theory fails to account for the complexities of power relations and the ways in which they shape discourse.
Foucaults Discourse Theory of Power Relations:
Foucaults discourse theory of power relations is a more nuanced approach to understanding power dynamics. It focuses on the ways in which power is exercised, reproduced, and resisted through discourse. Foucault argues that power is not only exercised through physical force but also through the discursive practices of institutions, such as the law, education, and medicine.
Adaptability of Discourse Theories to Chinese Society:
In order to assess the adaptability of discourse theories to Chinese society, we will draw on the normative concept of Confucian rationality from traditional Chinese cultural sources. Confucian rationality emphasizes the importance of harmony, benevolence, and social order. It emphasizes the need for individuals to adhere to social norms and to engage in moral discourse in order to maintain social stability.
Balancing Tensions between Discourse Theories:
While Habermass discourse theory emphasizes the importance of rationality and communication, Foucaults discourse theory of power relations highlights the ways in which power is exercised and resisted through discourse. To balance these tensions, we will investigate how adaptable these two discourse theories are to the Chinese society. We will also explore the ways in which they can be used to promote democratic decision-making and social justice in China.
Empirical Descriptions of Political-Legal Discussion:
To further illustrate the applicability of discourse theories to Chinese society, we will use empirical descriptions of certain facts of political-legal discussion both in traditional China and in the countrys new media age. These descriptions will help us to understand the ways in which discourse is used to shape political-legal discussions in China and to identify the challenges and opportunities that arise in this context.
Conclusion:
In conclusion, this book delves into the discourse theories of Habermas and Foucault, exploring their relevance in a Chinese context. It critiques Habermass discourse theory for being overly normative and idealistic, while highlighting Foucaults discourse theory of power relations to illustrate the complexities between different Western discourse theories. The book then incorporates the normative concept of Confucian rationality from traditional Chinese cultural sources to assess the adaptability of these discourse theories to Chinese society and balance their tensions. It presents these three dimensions of discourse theory, along with their interrelationships, using empirical descriptions of political-legal discussions in both traditional China and the countrys new media age to explain, supplement, and question the theoretical framework. The book asserts that due to the diverse modes of thinking in specific cultures, there may exist different normative paradigms of discourse and distinct political-legal discussion modes across corresponding cultural contexts. Normative discourse theories serve as guiding principles for practices of deliberative democracy and legal discussions, which in turn can verify, supplement, improve, and challenge the normative discourse theories. Furthermore, this research showcases the multifaceted nature of discourse theories and advocates for an approach to the discourse theory of law and democracy that blends elements from both Chinese and modern societies.

Weight: 424g
Dimension: 235 x 155 (mm)
ISBN-13: 9789811901317
Edition number: 1st ed. 2022