Title: Two Views of Legal Globalization:What Course China Will Follow?
Abstract:Since 1980s,globalization has come on scene mainly on two respects:one is that many traditional socialist countries successively endorse market economy,and other is that contemporary studies on global...Since 1980s,globalization has come on scene mainly on two respects:one is that many traditional socialist countries successively endorse market economy,and other is that contemporary studies on globalization gradually become well-known and prestigious.Despite controversies on whether globalization is economic or multiple,and confrontations between supporters and opposers of globalization of law,there are two common preconditions in discussion and questionization of globalization by Chinese scholars:globalization is a holistic and homogeneous process and this process is objective as well inevitable.These two unconscious theoretical presuppositions in cognition of globalization contribute to a closed conception of globalization.On other hand,efforts have been made in this paper to construct and theorize on an open conception of globalization,which holds that globalization is a contradictory and multiple process,it is subjective and changeable,it can be constructed and reconstructed according to people's perception,interests and tradition,and it is haphazard,reversible and uncertain to a large extent.This conception of globalization regard globalization as unity of universalization and particularization,integration and fragmentation,centralization and decentralization,internationalization and domestication,and cosmopolitanism and nationalism.It is under such an open perspective that future of and China's legal science becomes a genuine question.China's legal theorists should never be content with simple description of globalization,nor should they fall willingly under control and domination of western neo-liberal discourse of globalism.Rather,it is advisable to view globalization as an open and changeable structure,which requires an active participation of and China's legal science into reconstruction and reshaping of globalization process and its direction.To sum up,the fundamental mission of China's legal science and legal philosophy is to reconstruct and redefine via relational and synchronic perspectives,to construct the subjectivity of China with help of the overlapping way of thinking,and to guide China's legal construction with our own ideal picture of law or to help in her participation of restructuring of world structure.Read More
Publication Year: 2008
Publication Date: 2008-01-01
Language: en
Type: article
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