社会杂志 ›› 2020, Vol. 40 ›› Issue (6): 31-70.

• 专题一:马克斯·韦伯的国家学说 • 上一篇    下一篇

法治国、警察国家与领袖民主制:西欧现代国家构建的三条线索

陈涛   

  1. 中国社会科学院社会学研究所
  • 发布日期:2020-11-19
  • 作者简介:陈涛,E-mail:chengt1986@163.com
  • 基金资助:
    本研究得到国家社科基金项目(20CSH009)的资助。

Constitutional State,Police State and Leadership Democracy: The Three Threads of Modern Western European State-Building

CHEN Tao   

  • Published:2020-11-19
  • Supported by:
    This study was supported by the National Social Science Foundation of China(20CSH009).

摘要: 虽然韦伯在生前未能完成《经济与社会》“支配”一章中“现代国家的发展”一节,但是,基于他现有的著述,我们仍然能够在一定程度上还原出他对这一过程的理解。从等级制会议中发展而来的议会制,与从绝对君主领导下的警察国家中发展而来的现代官僚制,基于权力划分原则进行的重组,构成了19世纪以后法治国中最重要的两项制度。不过,无论是从家产官僚制向现代官僚制的转变,还是现代官僚制的日常经营,都有领袖民主制的参与。因此,等级制国家、家产官僚制和领袖民主制各自为现代国家这架“机器”贡献了某一零部件。当这些从不同的历史传统、不同的发展脉络而来的要素共同汇聚到现代国家中时,它们之间的共存也充满了紧张。

关键词: 等级制, 议会制, 官僚制, 警察国家, 领袖民主制

Abstract: Although Max Weber did not complete the section on the development of modern states in the chapter of "Domination" in his Economy and Society,we can still reconstruct his views on the subject to a certain extent from his existing writings. The estate states emerged from the Western European feudal system constituted the starting point of the modern state. First,the estate assemblies composed by the estates and the princes constituted the predecessor of modern parliaments. Therefore,as a representative institution,it always retains the characteristics of aristocratic or elite politics. Secondly,in the process of employing various commissaries to intervene in local administration and judicial affairs,to combat the privileges of old estates,and to achieve centralization,the absolute monarchies had turned the modern patrimonial bureaucracy into a police state. In so doing it had also promoted the objectification of office and the rationalization of administration,making patrimonial bureaucracy the predecessor of modern bureaucracy. Since the 19th century,the parliamentary system and the bureaucracy have been reorganized and adapted to the system of modern state based on the principle of the separation of powers.
However,whether it was the transition from the patrimonial to the modern bureaucracy, or the daily operation of the modern bureaucracy,the participation of the leadership democracy was required. The latter,originated in the Greek city-states and the medieval cities,was converged into the modern state-building through the Puritan Revolution and the French Revolution. In the late 19th century,with the expansion of universal suffrage and the increasingly bureaucratization of political parties,political leaders who gained support from the people were able to go beyond the principle of the separation of powers and exercise dictatorial authority. This poses a lasting challenge to the parliamentary democracy and its concept of the rule of law. The tension between these three factors has been driving the further transformation of the modern state.

Key words: estates system, parliamentary system, bureaucracy, police state, leadership democracy