Paradigm Transformation of Administrative Law in the Postmodern Context (Towards a Reflective Administrative Law)

Author: Li Haiping
Publisher:
Publish Date: 2005-08-01
Features: The paper takes the significant social changes in Western developed countries after the 1970s as the background, systematically analyzes and examines the crises and challenges faced by modern administrative law in the context of post-modern society. These crises and challenges call for the transformation and reconstruction of paradigms in administrative law systems and theories. By reviewing, deconstructing, and reassembling three theoretical texts that address the modern legal crisis—the responsive law of Nonet and Selznick, the communitarian law of Ungar, and Habermas's procedural law—the paper constructs a new paradigm of administrative law—reflective administrative law. In the analysis of specific reflective administrative law institutions, a relatively complete framework of administrative law systems is formed. The paper argues that reflective administrative law is the fundamental paradigm of administrative law in post-modern society, representing the general trend of future administrative law development. It is not only suitable for Western developed countries but also holds significant reference value for China in the process of legal modernization.