Introduction.- Between Normativity and Social Facts: A Sociological Interpretation on Habermas's Discourse Theory of Law and Democracy.- Communicative Rationality or Power Discourse: Foucault's Challenge to Habermas.- Confucian Rationality: Another Normative Interpretation on Discourse Theory.- "Public Sphere" and Political/Legal Discussions in Traditional Chinese Society Influenced by Confucian Rationality.- Rationality and Power in the New Media Public Sphere of China.- General Conclusion.
Fan Yang is an associate professor of law and a fellow of the Center for Jurisprudence Research and the Research Center for Judicial Data Application at Jilin University, China. He holds a PhD degree of social science from Ecole Normale Supérieure de Paris-Saclay in France, and another PhD degree of philosophy from East China Normal University. His teaching experiences and studies focus on sociology of law, legal philosophy and comparative law.