Rights Discourse In Transitional China

"Rights Discourse", through hundreds of years revolution, has become the prevailing belief in the Western world and the new religion in the whole world, while when it became the religion without doubt, it is thought died and only as political reasons to attack other cultural systems. Thus human rights should be taken as universal rather than exclusive, it must be open in theory, must be to allow dialogue, debate or even be re-defined. Tampering with concepts of theory and politics make the concepts of human rights dirty, only with the condition of "dehistoricizing history" and "dehistoricizing the West", the human rights could become a universal concept. The awareness of this issue is carried out for a rational response to learning in this article.Specifically, the article includes six chapters. In the fist chapter I first demonstrated in the present course of the study of Chinese rights discourse there is a paradox and the problem of two positions behind the tension of modernity and then I mentioned two dimensions of rights discourses which are the right of discourse and discourse of power and then defined the concept of rights with the word of "family resemblance" instead of "universalism" right thinking mode of discourse. Then, in the methodological aspects, I stressed the importance of variables in the transformation of China during the study of rights discourse, and also the importance of different understandings between modernity and modernization, and insisted that we should adopt the way of "keeping distance and making in-depth analysis independently between the West and the China" to avoid shortcomings "theory colonial" and "context misplacement".The second chapter mainly discusses the discourse of liberalism and its rights discourse as a kind of "the tradition of anti-tradition", I explored the whole process of its origin, and the debate surrounding the rights discourse between the liberal and conservative thoughts.The third chapter primarily focused on the tradition of classical liberalism and utilitarian rights discourse and state the miscalculations of both traditions on pluralism of values, negative freedom and economic determinism, and pointed out that with the development of instrumental rationality, technicalization of liberalism, the rights discourses finally rooted itself on the "low but solid" base.The fourth chapter firstly discussed the thoughts of Rawls, Dworkin and Nozick’s rights-based theories, and pointed that three of them mainly focused their debates on the material interests of the distribution level and withdraw of the methodological debate on the value of the field. Then through debates between Rawls and Nozick on freedom and equality to further explain this issue, and finally concluded that modern liberalism is just a kind of political science, which fall into the "second layer of the cave " to discuss rights discourse.The fifth chapter firstly discussed two predictions of liberalism at the end of last century and through analysis to point out that even though they are totally different predictions but actually mentioned the same crisis facing by liberalism. After that I summarized the internal contradictions and tensions of liberalism with the help of critical eyes of other thinkers, and pointed that the liberalism is facing a crisis of being taken as "ideology", which will show its negative sides and make it dead in thoughts. Then, I the possible limits of China’s rights discourse when it is in the situation of "theory colonial" and "context misplacement", and then I explain a new critical perspective and its importance to build China’s rights discourse with subjectivity. Finally, I mentioned a tradition of "two-track politics" which could be used today to provide a approach to connect the theory and practice.The sixth chapter is a project I designed for field work which I will carry out in the next three years. In this project I explained the reasons to choose gross-root society, the reasons why I want to discuss the meaningful associational life and its importance to rights discourse, and the importance of solidarity in the same topic, and finally describe the locations, contents and methods in detail of the project.