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Rational Law And Society Autonomy

Posted on:2012-06-08Degree:MasterType:Thesis
Country:ChinaCandidate:K LiFull Text:PDF
GTID:2216330338459351Subject:Legal theory
Abstract/Summary:PDF Full Text Request
What relationship between rational law and society autonomy,this is a great question.By comparatively analyzing the social characteristics of pre-modern society, modern society and post-modern society, Bowman put forward different social controls. This article chooses different social forms as the starting point, by analyzing Bowman's relevant works , we figure that realization of ideal society autonomy with rational liberty and definite order needs moral responsibility and the revival of republican democracy born by each one.This article has four parts:Parrt one: We discuss the characteristics of pre-modern society and its corresponding social control. In pre-modern society , social division of labor was simple, productivity level was low, every one was open and transparent, and building a warm social community with fixed places to settle down became the common pursuit of each individual in the community. Bauman pointed out tehat the corresponding social control of this social form was"scatter monitoring"- every one monitoring and being monitored, social integration depended on the power external to the people,Part two: We discuss the reason and defect of modernity social control. Because of the frequent social liquidity, traditional social control cannot maintain social order any more, then modern social control came into being. The basis of modern social control was the birth of nation-state and the"Enlightment"mission upheld by intellectuals of Enlightment times. The excessive pursuit f order universality in moderrn society, hopefully replacinging chances and contradiction with definity, clarity and order, then"Panoramic surveillance"came into being-the minority monitoring the majority. However, this kind of social control caused moral suppress of modern people in the process of pursuing universality.In part three, we discuss post-modern social control. In post-modern society, capital,finace and trade across the border of nation-state, liquiding in the globe. This brought the glolization of rational law.The rule of power crossed the border of nation-state, and nation-state played the role of regional police.This led to the uncertainty of work. People were in the state of anxiety, and could only find self-respect from the market,because producer society had transformed into consumer society. People became experiencer to seek stimulation. They were controled by desire and fellow few global elites. This was"single king monitoring"-the majority monitoring the minority. Some"deserted lives"-poor people in low level of the society remained controled by modernity,i.e.law and order.,and global law reduced into the tool of excluding people in low level of the society. People fellow their way of life and way of thinking by movie,television and magazines. People obtained unprecedented liberty,but no sense of belongings.Part four: considering the crisis of post-moder society, Bowman pointed out the road to ideal society autonomy, i.e. ethics and politics. The life of post-modern society was fragmental and episoded. Individuals in post-modern society were legal ones, not real and actual ones. The global laws and regulations of capital forced nation-state to change its existing laws and regulations to cate to the former. Bowman found the crisis of post-modernity: there did not necessarily appear ethics, although the primal scene of ethics was uncertain; The private solution of extreme concern to private problems did not form spiritual community and social order. Bowman put forward two programs to this: seeking the ethic of"for other people"and return"real politics".
Keywords/Search Tags:Bowman, social control technology, modernity, postmodemity, rational law, social autonomy
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