社会网络、公民社会、民主与法治:一个新的概念框架

R. Peerenboom
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Buoyed by the experiences of the former Soviet republics, a number of China scholars turned their attention in the early to mid 1990s to the topic of civil society and whether the proliferation of social organizations in China would lead to democracy. Many scholars cautioned that the concept of civil society as understood in the West may not be applicable to China; some pointed out that civil society was mainly a topic among foreign scholars and Chinese living in exile, and that the idea of civil society has not become part of popular discourse in China; still others argued that state-society relations are better understood in corporatist terms, and that the corporatist nature of social groups in China may serve to bolster the authoritarian regime rather than lead to democracy. I consider whether the concept of civil society is applicable to China and how civil society is best theorized given the differences between the liberal democratic social-political philosophies dominant in the West and alternative conceptions of the relations between the state, society and individual in China. To that end I develop four models for state-society relations: liberal democratic, statist socialist, neo-authoritarian and communitarian. These models combine social political philosophies with a corresponding set of institutions, practices and rules, thus redressing the relative neglect to date in theoretical treatments of civil society in China of the institutional basis of civil society, and in particular the nature of the legal system and its role in creating, structuring and shaping civil society. I also take up the relation between conceptions of civil society and social networks. What do we gain by the change in focus to social networks? What do we lose? 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引用次数: 6

摘要

尽管每个社会都存在社交网络,但人们普遍认为,社交网络在亚洲社会,尤其是那些具有儒家传统的社会,扮演着不同的、更突出的角色,而不是在西方国家,尤其是拥有成熟资本主义经济、自由民主政治体系、健全公民社会、以法治和现代官僚行政体系为特征的发达法律体系的西方国家。本章文章从两个方面考察了社会网络的作用:政治改革和民主的实施和巩固;法律改革旨在建立法治和现代技术官僚行政体系。显然,亚洲社会网络的性质和作用存在很大差异,考虑到亚洲社会在宗教和文化习俗、政治制度、经济发展水平和法律制度方面的广泛多样性,这是可以预料的。我不打算对整个亚洲的社交网络进行广泛的比较,而是主要关注中国,并参考其他相关国家的经验。在一些西方国家,如波兰和其他前苏联加盟共和国,公民社会形式的社会团体在向民主过渡的过程中发挥了核心作用;在更成熟的自由民主国家,公民社会在监督国家、问责政府官员和制衡国家权力方面发挥着重要作用。受前苏联加盟共和国经验的鼓舞,一些中国学者在上世纪90年代早期到中期将注意力转向公民社会以及社会组织在中国的扩散是否会导致民主的话题。许多学者警告说,西方理解的公民社会概念可能不适用于中国;有人指出,公民社会主要是外国学者和流亡者之间的话题,公民社会的概念尚未成为中国大众话语的一部分;还有一些人认为,用社团主义的术语来理解国家与社会的关系更好,中国社会团体的社团主义性质可能会支持威权政权,而不是导致民主。鉴于西方占主导地位的自由民主社会政治哲学与中国关于国家、社会和个人关系的其他概念之间的差异,我考虑公民社会的概念是否适用于中国,以及如何最好地理论化公民社会。为此,我提出了国家与社会关系的四种模式:自由民主制、中央集权社会主义、新威权主义和社群主义。这些模式将社会政治哲学与相应的制度、实践和规则相结合,从而纠正了迄今为止中国公民社会理论研究中对公民社会制度基础的相对忽视,特别是对法律制度的性质及其在创造、构建和塑造公民社会中的作用的忽视。我还探讨了公民社会概念与社会网络之间的关系。我们从关注社交网络的转变中获得了什么?我们失去了什么?我认为,在呼吁关注当代社会中个人与群体之间的横向关系时,对(情感)社会网络的关注提供了对个人与国家之间空间的一些见解,而这些空间被更垂直的公民社会和社团主义概念所忽略。然而,社会网络本身是嵌入在国家-社会关系的垂直结构中。此外,在许多情况下,社会网络本身以垂直关系面向国家,因此构成了垂直的国家-社会结构。简而言之,关注社会网络丰富了我们对中国公民社会的理解,提供了一种具有中国特色的公民社会形式,而不是提供另一种分析框架。换句话说,社会网络研究和理论仍然必须放在更广泛的政治理论和制度解释中。我开发的四个模型既涉及公民社会的垂直维度,也涉及公民社会的水平维度,因此一方面解决了社团主义未能充分关注水平关系的问题,另一方面解决了情感社会网络分析倾向于强调水平维度而牺牲垂直组成部分,或者未能将情感社会网络的讨论与国家-社会关系的不同政治概念充分联系起来的问题。
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Social Networks, Civil Society, Democracy and Rule of Law: A New Conceptual Framework
Although social networks exist in every society, they are widely believed to play a different and more prominent role in Asian societies, especially those with a Confucian heritage, than in Western states, particularly Western states with mature capitalist economies, liberal democratic political systems with robust civil societies, and well developed legal systems characterized by rule of law and a modern bureaucratic administrative system. This chapter article examines the role of social networks along two dimensions: political reform and the implementation and consolidation of democracy; and legal reforms aimed at establishing rule of law and a modern technocratic administrative system. Clearly there are wide variations in the nature and role of social networks in Asia, which is to be expected given the wide diversity in Asian societies in terms of religious and cultural practices, political systems, levels of economic development and legal systems. Rather than attempting a broad comparison of social networks throughout Asia, my main focus will be on China, with reference to the experiences of other countries where relevant. In some Western states such as Poland and other former Soviet Union republics, social groups in the form of civil society played a central role in the transition to democracy; in more established liberal democracies, civil society serves important functions in monitoring the state, holding government officials accountable and counterbalancing state power. Buoyed by the experiences of the former Soviet republics, a number of China scholars turned their attention in the early to mid 1990s to the topic of civil society and whether the proliferation of social organizations in China would lead to democracy. Many scholars cautioned that the concept of civil society as understood in the West may not be applicable to China; some pointed out that civil society was mainly a topic among foreign scholars and Chinese living in exile, and that the idea of civil society has not become part of popular discourse in China; still others argued that state-society relations are better understood in corporatist terms, and that the corporatist nature of social groups in China may serve to bolster the authoritarian regime rather than lead to democracy. I consider whether the concept of civil society is applicable to China and how civil society is best theorized given the differences between the liberal democratic social-political philosophies dominant in the West and alternative conceptions of the relations between the state, society and individual in China. To that end I develop four models for state-society relations: liberal democratic, statist socialist, neo-authoritarian and communitarian. These models combine social political philosophies with a corresponding set of institutions, practices and rules, thus redressing the relative neglect to date in theoretical treatments of civil society in China of the institutional basis of civil society, and in particular the nature of the legal system and its role in creating, structuring and shaping civil society. I also take up the relation between conceptions of civil society and social networks. What do we gain by the change in focus to social networks? What do we lose? I suggest that in calling attention to horizontal relations between individuals and groups in contemporary society, the focus on (affective) social networks offers some insights into the space between the individual and the state missed by the more vertical conceptions of civil society and corporatism. However, social networks are themselves embedded in a vertical structure of state-society relations. Moreover, in many cases, social networks are themselves oriented toward the state in a vertical relationship, and thus constitutive of the vertical state-society structure. In short, attending to social networks enriches our understanding of civil society in China, providing for a form of civil society with Chinese characteristics as it were, rather than offering an alternative framework for analysis. Put differently, social networks studies and theories must still be placed within broader political theories and institutional accounts. The four models that I develop address both the vertical and horizontal dimensions of civil society, thus redressing on the one hand the failure of corporatism to pay adequate attention to horizontal relationships, and on the other the tendency of affective social networks analyses to emphasize the horizontal dimension at the expense of the vertical component or to fail to adequately link up a discussion of affective social networks to different political conceptions of state-society relations.
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