著者
鈴木 敬夫
出版者
専修大学緑鳳学会
雑誌
専修総合科学研究 (ISSN:13418602)
巻号頁・発行日
vol.24, pp.1-20, 2016-10-20

The aim of this paper is to examine the "Carl Schmitt controversy" in contemporary China, guided by the value relativism advocated by German legal scholar Gustav Radbruch and the Confucian human rights theory of China's Du Gangjian (杜鋼建). By describing this controversy, another aim is to criticize the attitude of certain Chinese scholars who, espousing the ideas of C.Schmitt, classify people as either friends or enemies of the state. This paper sets out to question Schmitt's "friend-enemy divide", in which anyone with ideas or beliefs that differ from those of the state is castigated as a heretic. The targets of criticism are the viewpoint of raising the "identity of the party-state and the people" in acceptance of Schmitt's nationalism, and the intolerant attitudes of anti-liberalism, anti-democracy and anti-parliamentarianism. In resisting Nazism, Radbruch declared that "Relativism is general tolerance - only not tolerance of intolerance" (1934). This paper is based on the standpoint of this relativism tolerance theory.In commenting on Schmitt's particular political and legal thought, with its dependence on "political theology", many suggestions were received from excellent prior research by Bernd Rüthers, Keita Koga (古賀敬太), Wang Qian (王前) and other scholars. The author would like to express his thanks to them.