Repeated Reinterpretation of Civil Society: On the Intellectual Context of Niklas Luhmann's Sociological Theory

This article explains the intellectual context of Niklas Luhmann's sociological theory. Although Luhmann's theory is well known for its highly abstract features, this does not mean that the theory results from his references to the latest general systems theory, which has been the primary focus of previous literature. That said, no social theory is produced in a vacuum. Even if a theorist attempts to construct a general sociological theory to explain every social phenomenon, that theory is necessarily influenced by the theorist's prejudices. Therefore, social theory must be contextualized both to estimate its biases and to limit its scope. This study shows that Luhmann's systems theory is constructed through a struggle with the issues of his day. First, it notes that the question of how to conceptualize modern civil society was widely shared by German intellectuals from the late 1950s to the 1970s and that the question created a certain discourse field. Second, Luhmann's theoretical conception is contextualized in that field of discourse, and the central role of both the concept of functional differentiation and the concern with border maintenance in his theory-building is explained in comparison with the work of contemporary intellectuals. To deepen our analysis, this article reconstructs Schmitt's interpretation and criticism of civil liberalism and describes Luhmann's struggle with it. Finally, by analyzing the Gesellschaftswissenschaften of Robert von Mohl, one of the founders of civil liberalism, this article argues that Luhmann's sociology can be characterized as an attempt to rehabilitate civil liberalism.     

Western Liberal Democracy: The Struggle of Muslims for Freedom,Equality and Dignity

The increasingly multicultural fabric of Western liberal democracies has given rise to the issue of the presence of Muslim minorities in the West, as rising hatred and hostility toward Islam and Muslims in the West undermine the three guiding principles of freedom, equality and dignity that underpin the foundation of liberal democracy, human rights and multiculturalism. Today, Muslims in the West struggle for freedom, equality and dignity to ensure their ethnocultural survival and full and equal participation within the mainstream society. Therefore, it would be quite correct to say that the endurance of liberal democracy, human rights and multiculturalism built on the Western civilization depends on the eradication of Western Islamophobia.     

The Critical Theorist's Labour: Empirical or Philosophical Historiography for International Relations?

Abstract

Robert Cox developed a potent approach to studying world orders that is premised on the capacities of a special intellectual, the critical theorist, to discern social structures and the possibilities for their radical change in the future. While acknowledging the ethical appeal of adopting this intellectual persona, in this paper we are concerned with the style of historiography that it requires. In particular, we argue that the imperative to discover and foster the beginnings of social change leads to a version of philosophical history that will likely produce systematic anachronism. This is not uncommon in the discipline of International Relations, but in the case of Cox it stands in tension with some of his avowed intellectual sources, especially the work of Giambattista Vico, and with the aim of providing critical historical perspective on the present. We argue that Vico stands as an example of an alternative historical-empirical line of research that would better serve Coxian ambitions.     

我国转租制度的困境与出路

转租是有别于租约让与和普通租赁的特殊租赁形式。在转租方面,世界各国立法大致可分为自由主义、限制主义和区别主义三种模式。我国《合同法》第224条关于转租的规定采限制主义,这虽然减轻了司法任务,促成了判决统一,但因不区分转租与租约转让且不分租赁之具体情形一概加以限制未免显得过于笼统,且该规定本身有违公平原则。在当前政治经济背景下,平衡当事人之利益显得尤为重要。借鉴自由主义的立法模式对现有制度予以修正,并对民事和商事租赁进行区别,对动产和不动产租赁采取不同规则具有重要意义。     

Devolution in a ‘Stateless Nation’: Nation‐building and Social Policy in Scotland

The implications of the 2011 Scottish election and the proposed referendum on Scottish independence for the future of social policy across the devolved UK are profound but far from certain. It is crucial to understand not only the historical nature of this conjuncture but to develop an adequate conceptual understanding of the place of social policy in the dialectic between state and nation in Scotland. To this end, we critically examine theories that depict Scotland as an essentially ‘stateless nation’ in the light of recent developments. In so doing, we examine the implications for social policy of the changing character of statehood in Scotland, the nature of civil nationalism, and the problem of legitimacy in Scotland for the UK as a multinational state. As the architecture of statehood is re‐negotiated, strong centrifugal pressures are being created for a more distinct divergence of social policy in Scotland from the rest of the UK regardless of the outcome of the independence referendum. Policy‐making is ensnared in a series of tensions, not just between Westminster and Holyrood but also, more broadly, tensions between competing principles of social justice and territorial justice, and competing demands between welfare nationalism and competitive nationalism.     

观念竞合与国际体系的变迁

观念在国际关系中的作用及重要性已是不言而喻。在过去的四百多年里，国家主义和保守主义分别主导、塑造了威斯特伐利亚体系及维也纳体系，而威尔逊式的理想主义虽然塑造了凡尔赛—华盛顿体系，但主导该时期的却是激进主义。直到雅尔塔体系时期，民族主义才终于打败了帝国主义，自由主义则成功战胜了极权主义。因此，国际体系确立的背后是观念分配竞合的结果，是主流观念取向在竞合中占据主导地位的过程。观念作为深层次因素，始终是影响、塑造国际体系的更新与变迁的不可或缺的力量。     

Being Judged,Being Assessed: Young People’s Perspective of Assessment in Youth Justice and Education

Research from the Economic and Social Research Council programme on Pathways Into and Out of Crime prioritised young people’s ‘voices’ in exploring experiences of crime and a range of intervention services. Drawing on data from interviews with 110 young people, this paper explores their perspectives of professional assessment. Embedded within neo‐liberal youth welfare policies are a number of contradictions. Policies encourage ‘individualisation’, ‘responsiblisation’ and ‘self‐realisation’ while also needing to maintain control and regulation of ‘risky’ populations. This paper explores the implication of these contradictions through examining the experiences of young people being assessed in youth justice and education. The impact on their identities as neo‐liberal citizens is discussed in the conclusion.     

简论中国的“和平崛起”——基于现实主义、新自由主义、建构主义的视角

随着中国综合国力的不断增强和国际地位的不断提升,“中国崛起”引起了国际社会的普遍关注,而关于中国崛起的方式也成为众多西方学者热议的话题。无论是从现实主义、新自由主义还是建构主义来解读,都说明了中国崛起是和平崛起,符合国际利益和国际体系发展要求。     

罗蒂对自由主义和社群主义之争的超越——以命题“权利优先于善”为分析焦点

自由主义和社群主义有关“权利和善何者优先”之争在罗蒂看来都先验地预设了一种自我和权利观念。个体拥有何种权利固然离不开特殊的共同体,但是,共同体只能为个体权利提供背景,却不能决定个体权利的内容。倘若用历史和语境的眼光来看待自由主义和社群主义之争,我们将发现权利和善之争不过是理论之争,这些争论在具体的生活实践中可以得到解决。     

略论英美古典自由主义的价值观

英美自由主义价值观重视工具理性和责任伦理,强调人的理性的有限性和人的不完善性,相信人是有缺陷的动物,人也因此应审慎地对待事物;同时,它重视自发秩序在制度发展中的作用,提倡尊重传统、惯例和习俗,慎言革命,关注社会发展的连续性等,这种价值观带有很强的工具理性、功利主义的特征,它既有优点,也有其缺陷,需要我们认真的思考和应对。