The author revisits H. L. A. Hart's theory of positive law and argues for a major qualification to the thesis of the separation of law and morality based on a concept of systemic legitimacy derived from the social theory of Jurgen Habermas. He argues that standards for assessing the degree of systemic legitimacy in modern legal systems can develop through reflective exercise of “critical legality,” a concept coined to parallel Hart's “critical morality,” and an expanded understanding of the “external” and (...) “internal” perspectives on legal systems. Following Habermas, he argues that modern positive law must retain systemic legitimacy. After suggesting criteria for measuring systemic legitimacy, the author concludes that the concept provides a useful approach to contemporary problems of “lawless” regimes and “law's imperialism.”. (shrink)

The debate over the existence of a “public sphere” in China’s Late Qing/Early Republican era began nearly three decades ago, but it has yet to generate a special socio-cultural review on the “Confucian social imaginary” of the Chinese people. The article builds on existing “economic-political approach” and “idea-communication approach” to argue decisive factors hindering the development of a Habermasian “public sphere.” These includes (1) people’s traditional-collectivist lifestyle, (2) lack of understanding of “universal equality,” (3) conservative self-positioning during social transition, (4) (...) regionalist attitude toward outsiders, (5) lack of access to Enlightenment ideas, (6) disregard for parliamentary systems, and (7) ignorance of the rule of law. (shrink)

This paper attempts to provide a rationale for a 'model of the public sphere' in terms of hermeneutic ontology that begins from Heidegger's Being and Time. However, this Heideggerian hermeneutic ontology will both be weakened and extended through a dialogue with social theory, which occupies a central place in this paper. More specifically, the main aim of this paper is to suggest some ideas to bridge the gap between the ontological focus on the hermeneutic fore-structure of being-in-the-public-sphere and the focus (...) of social theory on the nexus between constructing identity and narrative, the result of which is the idea of the public sphere as an openended intercultural dialogue. (shrink)