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 their adaptability to Chinese society and balance the tensions between them. The book asserts that different normative paradigms of discourse and political-legal discussion modes may exist across cultural contexts,and proposes an approach to discourse theory that combines elements of Chinese and modern society.

Format: Paperback / softback
Length: 153 pages
Publication date: 12 March 2023
Publisher: Springer Verlag, Singapore

This book delves into the discourse theories of Habermas and Foucault, exploring their applicability in a Chinese context. It critiques Habermas' discourse theory of law and democracy for being overly normative and idealistic, while introducing Foucault's discourse theory of power relations to highlight the tensions 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 competing perspectives. 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 country's 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, as scholars seek to understand the complex interplay between language, power, and society. Habermas and Foucault, two prominent figures in the field, have made significant contributions to this discourse, each offering their unique perspectives on the nature of discourse and its role in shaping social reality. In this book, we will revisit the discourse theories of Habermas and Foucault in a Chinese context, exploring their applicability and relevance to the Chinese society.

Habermas' Discourse Theory of Law and Democracy:
Habermas' discourse theory of law and democracy is widely recognized as a powerful tool for analyzing the relationship between law and democracy. He argues that legal discourse is a crucial component of democratic governance, as it allows citizens to participate in the decision-making process and express their grievances. Habermas' theory emphasizes the importance of rationality, consensus, and the rule of law in ensuring that legal discourse is fair, just, and inclusive.

However, this book argues that Habermas' discourse theory of law and democracy is too normative and idealistic. It suggests that Habermas' emphasis on rationality and consensus may not be fully applicable to the Chinese context, where cultural values, historical traditions, and political systems differ significantly from those in Western societies. Moreover, Habermas' idealistic vision of a democratic society may not be realistic in the Chinese context, where power relations and social hierarchies are deeply entrenched.

Foucault's Discourse Theory of Power Relations:
Foucault's discourse theory of power relations is a critical analysis of the power structures that shape society. He argues that power is not only a physical force but also a discursive construct that is produced and reproduced through language and discourse. Foucault's theory emphasizes the importance of power relations in shaping social reality and the ways in which power is exercised and resisted.

In this book, we will introduce Foucault's discourse theory of power relations to illustrate the tensions between different Western discourse theories. We will see how Foucault's theory challenges Habermas' notion of a democratic society based on rationality and consensus, highlighting the ways in which power relations are embedded in legal discourse and other forms of communication.

Adaptability of Discourse Theories to Chinese Society:
To assess the adaptability of discourse theories to the Chinese society, we will draw on the normative concept of Confucian rationality from traditional Chinese cultural sources. Confucian rationality is a philosophical system that emphasizes the importance of moral values, social harmony, and the cultivation of individual character. It is a normative system that provides guidance for the practices of deliberative democracy and legal discussions.

In this book, we will investigate how adaptable these two discourse theories are to the Chinese society, and how they can be used to balance the tension between them. We will see how Confucian rationality can provide a moral framework for legal discourse, while also recognizing the importance of power relations in shaping social reality.

Empirical Descriptions of Political-Legal Discussion:
To supplement and question the theoretical framework, we will use empirical descriptions of certain facts of political-legal discussion both in traditional China and in the country's new media age. We will see how these facts of political-legal discussion reflect the tensions between different discourse theories and how they can be used to illustrate the limitations and challenges of each discourse theory.

In conclusion, this book delves into the discourse theories of Habermas and Foucault, exploring their applicability in a Chinese context. It critiques Habermas' discourse theory of law and democracy for being overly normative and idealistic, while introducing Foucault's discourse theory of power relations to highlight the tensions 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 competing perspectives. 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 country's 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: 267g
Dimension: 235 x 155 (mm)
ISBN-13: 9789811901348
Edition number: 1st ed. 2022