Research Article
1. Montesquieu
and a Moderate Modernity
Nan
Zhou (Ph.D. Student, Department of History, Queen’s University, Canada)
2. Resolution
and Composition: Weber’s Latent but Prominent View on Technology and Modernity
Hung-Hui
Chang (Assistant Professor, Department of Sociology, National Dong Hwa
University)
3. The
Self’s Relations with Others in Foucault’s Ethics
Chiun-Zeng
Lee (Associate Professor, Department of Government and Law, National University
of Kaohsiung)
4. On
the Turn in the Development of the Legal Philosophy of Jürgen Habermas and the
Adequency for the Relationship between Moral and Law
Li Lin
(Associate Professor, Graduate Institute of European Studies, Tamkang
University)
Research Note
5. Social
Stratification and the Social Mobility: When Zhong Guo Jin Shi Zong Jiao Lun Li Yu Shang Ren Jing Shen of Yü Y-S
Meets Weberian Point of View
Cheng
Lin (Associate Professor, Department of Sociology, Fu Guang University)
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Research Article
Montesquieu and a Moderate Modernity
Nan
Zhou (Ph.D. Student, Department of History, Queen’s University, Canada)
This paper attempts to comprehensively investigate Montesquieu’s
theory via studying the key concept, moderation, in his works. The author holds
that Montesquieu develops his theory by virtue of constructing the ideal type
“moderation” in opposition to “despotism”. The relationship between laws and
liberty structures Montesquieu’s notion of moderation, whose complexity can
unfold merely under the condition of what Montesquieu called the “spirit of the
laws”. The spirit of laws integrates differentiated domains of human action,
and moderation enables the tension between order and the indefiniteness of
liberty to be sustainable. Furthermore, moderation also shapes the objectivity
of mores and manners (commerce and monarchy are two exemplar modes). A moderate
modernity means the establishment of the space of action and the creation of
the regulation of the laws. Under such conditions, the key point is to resist
the encroachment of despotism and to make liberty available. Meanwhile, the
multiple directions of liberty are also indispensable for the subsistence of
the space of action. However, there is certain vulnerability inherent in this
moderate modernity; the greatest danger will be the disappearance of tension
among domains of human action, which may result in the demise of the space of
action.
Keywords:
Moderation, Spirit of the Laws, Liberty, Despotism, Space of Action
Resolution and Composition: Weber’s Latent but
Prominent View on Technology and Modernity
Hung-Hui
Chang (Assistant Professor, Department of Sociology, National Dong Hwa
University)
Weber’s concern crisscross two axes: what causes modernity different
from the ancient and medieval and the reason why the Western world differs from
the other’s factors. Weber focuses on several intertwined aspects. (1)
processes of rationalization and disenchantment of the world. (2) many of each
autonomous life order with the value field separates from each other and have
conflicts mutually. (3) every value field is simplified by the power of
instrumental rational appeal. Western culture moves toward homogenization and
technicalization. (4) western culture puts more emphasis on an individual’s
value, each value field co-develops the institution of depersonalization. (5)
the homogeneous objectivity to be the form of modern technology with a
computable principle. Weber also points out the accurate calculation exists on
the foundation of free labor and the “quality” principles and the resolutive
and compositive methods of the western cultural complex technical development.
Weber’s discussion includes: (1) the roots of Greek and Roman during the
precapitalistic period: alphabetic writing, monotheism, Roman law, citizenship
etc. (2) the “turning point in modernity”: money, the clock, printing,
bookkeeping, stock companies, bureaucracy and the formation of Protestant ethic
on impersonal ethic.
Keywords:
Resolution, Composition, Assemble, Gathering Strength, Remote Control
The Self’s Relations with Others in Foucault’s Ethics
Chiun-Zeng
Lee (Associate Professor, Department of Government and Law, National University
of Kaohsiung)
Some critics tend to interprete later Foucault as some sort of
proponent of anonymous individuality or narcissism. An awareness of the
formation of the self through social interaction is absent from Foucault’s
later work. It has been argued also that the primacy of aestheticist
implications translates into a normative stance in which descisionistic
tendencies gain the upper hand. This paper tries to criticize such
interpretations and argues that Foucault does not neglect the importance of the
self’s relations with others in the constitution of the self. Further, Foucault
also recognizes that the relation between subjects needs to take the form of a
reciprocity adapted, in light of the universiality of power, into a form of
“agonism”: the relationship which is at the same time reciprocal incitation and
struggle.
Keywords:
Foucault, aesthetics of existence, practice of the self, practice of liberty
On the Turn in the Development of the Legal Philosophy
of Jürgen Habermas and the Adequency for the Relationship between Moral and Law
Li Lin
(Associate Professor, Graduate Institute of European Studies, Tamkang
University)
This paper tries to investigate the development of the legal
philosophy of Jürgen Habermas, the consistency of his doctrine, and the adequency
for his description of the relationship between moral and law.
The research will point out that in the first phase, i.s. from 1982
to 1986, Habermas means that moral alone cannot sufficiently motivate the
people to obey its norms. Therefore, moral needs law to improve this defect.
Nevertheless, the legitimacy of law ought to be based on the consequences of
the “moral discourse”. In other words, moral and law stand in a complementary
relationship.
But later on, due to the critiques coming from the
“Communitarianism” and Niklas Luhmann, Habermas admits that legal consideration
shall not be confined to moral alone. Besides, law could aquire its full
legitimacy from the agreement of all members of this legal community instead of
from the consent of all human beings. Consequently Habermas holds a theory of
the “trichotomy of the reason”. This “turn” not only has caused the problem
about the consistency of the legal philosophy of Habermas, but also made his
understanding of the relationship between moral and law a controversial point.
Keywords:
Unzumutbarkeit, Phronesis, Complemantary, Discourse, Lifeworld
Research Note
Social Stratification and the Social Mobility: When Zhong Guo Jin Shi Zong Jiao Lun Li Yu Shang
Ren Jing Shen of Yü Y-S Meets Weberian Point of View
Cheng
Lin (Associate Professor, Department of Sociology, Fu Guang University)
Generally speaking, the educational factor can favor the social
mobility. But the problem is launched in the following way: what social class
is the one which will take advantage of it? This research will give an
explanation by the case of Modern Chinese
religious Ethics and Merchant’s Spirit (1987) written by Yü Y-S. We’re
going to challenge, from the weberian point of view, refuting the conclusion of
Yü, that is what is the most original, stating that the class of merchant on
the rise consists of those who follow and respect of Confucians. However, we
try to demonstrate that the Confucian who can not succeed in official
examinations is forced to depend on rich merchants to earn his bread. Moreover,
in the spirit of Confucianismus und
Taoismus, we seek to show that certain interpretations of Weber, especially
with regard to Mandarin, not only make it possible to shake the argumentation
of Yü but also to advance a new thesis for the modern social history of China.
To deepen this question, by referring to the famous work of Ho P-T, The Ladder of Succes in Imperial China,
we build as well a comparison as a dialogue on this subject between Yü, Weber
and Ho. By this canonical study of Ho, as regards the social mobility in modern
China, except what Weber expresses, we can clarify the theme which really
connects works of Weber to those of Yü.
Keywords:
Chinese Merchant, Mandarin, Man of Letters, Social Mobility, Social Class
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