英文摘要 |
In the view of Chinese scholars, Weber's research on judicial rationalization can be questioned in both practical and theoretical aspects. Based on Weber's holistic rationality, the fundamental problem of the concept of ''rationality'' lies in the dilemma of'' self-reference'', which makes Weber's specific concept of rationality unable to show the internal unity of his holistic rationality. Based on the analysis of modern judicial practice in China and the United States, Weber's concept of specific rationality cannot show and explain the pattern of coexistence of pluralistic rationality in modern justice. ''the Golden Mean Rationality'' provides an integral ''Second-Order Observation'' framework which is different from the Western knowledge tradition and can effectively utilize and remold Weber's rationalities. Based on the interpretation of ''the Golden Mean Rationality'', the formal rationality, substantive rationality and practical rationality can be reorganized and unfolded in the visual threshold of modern justice. |