On Remodeling The View Of Right And The View Of Power

Since 1980s, with the development of the western social market economy and the speedy advance in new science and technology revolution, social interests have polarized and the structures of social classes have changed both in an ever-more-rapid way. In order to eliminate the social differences, promote the development of political consensus and maintain social stability, it is imperative to enhance dialogues and cooperations between citizens and groups in socio-political level, to build social ethics and public interest responsibilities. As a result, theories of Deliberative Democracy arise at this historic moment. In short, Deliberative Democracy is a democratic system in which people really discuss together and reach the agreements. Its basic idea is that political legitimacy must come from freedom, equality, real and open consultations among the citizens. Functionally, Deliberative Democracy is superior to Representative Democracy in reaching a consensus on the premise of multiple values through people's equal participation and consultation. Therefore, Deliberative Democracy lays a solid foundation for the stability of social order and legitimacy of the government sources.Instead of springing up overnight, Habermas's thought, the main representative of the Werstern Deliberative Democracy theory, experiences the bud, preliminary and the final stages on the base of Habermas's rational locating the reality and reviewing the relevant theories. This indicates that Habermas's deliberative democracy thought is not only a result of the evolution of Habermas's personal ideology, but also a result of the situation of the times. In recent years, with the rise of deliberative democracy theory, Habermas deliberative democracy idea has been so favorable to scholars. Academic studies are carried on from various perspectives: the rational communication, public sphere, modernity, democracy of competition and so on. In spite of many fruitful results brought about by these studies, it is still very necessary to have a study from the perspective of right and power for in a modern democratic political system, right and power are the two basic variables that dominate political design and political operation. The adequate protection for right and the effective limitation of power has always been the core of democratic politics development, so the critical point of analysing Habermas deliberative democracy idea lies in analysing its concepts of right and power.In the part on the view of right, the paper mainly discusses and analyses the various academic right perspectives in the sight of Democracy Act and especially Habermas's remodeling of such relavant concepts in his Deliberative Democracy Idea as the structure and relationship of the right actors, the relationship between law and morality, the relationship between human rights and people's sovereignty, the right norms and so forth. Habermas not only reconstructs the concept of right from a deliberative perspective but also explores it from a legal creator perspective. Citizens are both subjects of law and creators of law. As sujects, they all enjoy the rights provided by law and as creators, their self-legislation becomes a core aspect of law, which must be truly reflected through self-negotiating legislation, no matter whether the self-autonomy is a private one or a public one: on the one hand, people's sovereignty gains its legal form in the process of the formation of negotiative opinions and wills; on the other hand, the substance of human rights lies in that this process becomes one of the law establishment conditions.In the part on the view of power, this paper mainly studies Deliberative Democracy in Habermas's thinking of the relationship between political power and democracy, the relationship between political power and law, the separation of powers and political outlook, the remodeling of the legitimacy of political power as well as the specific operation of political power and other issues. From the deliberative perspective, Habermas stresses that the legitimacy of power does not mean the legality of power. The legitimacy of power can be divided into two forms: the legitimacy of acquiring political power and the legitimacy of implementing political power. In terms of the legitimacy of political power acquisition, political power can be divided into the power of contact and the power of administration while as the management authority within the system, the power of administration is the result of the legalization of the power of contact. In the part of implementation of political power, Habermas holds that the power of contact should run through the entire process of the operation of the power of administration and even the input and output of the power of administration should be in the control of the power of contact. Only in this way can the operation of administrative power be legal.Today, in the world where democracy takes the predominant position in social systems, in spite of its various unfavorable predicaments ------the"practice"difficulty of ideal context, the "justice" dilemma of consultative democratic process, the"value"plight of consultative consensus,etc., Habermas Deliberative Democracy Thought still has a very high historical status. Theoretically, in a unique research way, it contributes a lot to the perfection of representative democracy theory and further innovation of theoretical study of democracy. Practically, when the practice of the Representative Deomcracy is in a fatal crisis, Habermas Deliberative Democracy provides a certain feasible approach to save the democracy politics and pull the legitimacy of politics through the crisis. Although it's too early to draw the conclusion that the deliberative democracy model constructed by Habermas will definitely be a substitute for representative democracy and become universal democracy, for in the current state of civil civilization, social development and political civilization, the function of this democratic model can only be partial and complementary; but one thing is certain: the "Soul of Justice" embodied in Habermas's Deliberative Democracy thought i.e. equality, rationality and fairness, will serve the people as an eternal and universal spiritual idea and it will inspire and encourage people who are constantly practicing democracy and lead humanity into a realm of higher democracy!...