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Confucian Constitutionalism
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Book Synopsis Confucian Constitutionalism by : Sungmoon Kim
Download or read book Confucian Constitutionalism written by Sungmoon Kim and published by Oxford University Press. This book was released on 2023-05-16 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ongoing debates among political theorists revolve around the question of whether the overarching goal of Confucianism--serving the people's moral and material wellbeing--is attainable in modern day politics without broad democratic participation. One side of the debate, voiced by Confucian meritocrats, argues that only certain people are equipped with the moral character needed to lead and ensure broad public wellbeing. The other side, voiced by Confucian democrats, argues that unless all citizens participate equally in the public sphere, a polity cannot attain the moral growth that Confucianism emphasizes. Written by one of the leading voices of Confucian political theory, Confucian Constitutionalism presents a constitutional theory of democratic self-government that is normatively appealing and politically practicable in East Asia's historically Confucian societies, which are increasingly pluralist, multicultural, and rights sensitive. While Confucian political theorists are preoccupied with how to build a Confucianism-inspired institution that would make a given polity more meritorious, Sungmoon Kim offers a robust normative theory of Confucian constitutionalism--what he calls "Confucian democratic constitutionalism"--with special attention to value pluralism and moral disagreement. Building on his previous theory of Confucian democracy, Kim establishes egalitarian human dignity as the underlying moral value of Confucian democratic constitutionalism and derives two foundational rights from Confucian egalitarian dignity--the equal right to political participation and the equal right to constitutional protection of civil and political rights. He then shows how each of these rights justifies the establishment of the legislature and the judiciary respectively as two independent constitutional institutions equally committed to the protection and promotion of the people's moral and material wellbeing, now reformulated in terms of rights. Aiming to contribute to both political theory and comparative law, Confucian Constitutionalism explains how Confucian democratic constitutionalism differs from and improves upon liberal legal constitutionalism, political constitutionalism, and Confucian meritocratic constitutionalism.
Book Synopsis A Confucian Constitutional Order by : Jiang Qing
Download or read book A Confucian Constitutional Order written by Jiang Qing and published by Princeton University Press. This book was released on 2016-11-08 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: English translation of materials from a workshop on Confucian constitutionalism in May 2010 at the City University of Hong Kong.
Book Synopsis Confucian Constitutionalism in East Asia by : Bui Ngoc Son
Download or read book Confucian Constitutionalism in East Asia written by Bui Ngoc Son and published by Routledge. This book was released on 2016-02-12 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Western liberal constitutionalism has expanded recently, with, in East Asia, the constitutional systems of Japan, South Korea and Taiwan based on Western principles, and with even the socialist polities of China and Vietnam having some regard to such principles. Despite the alleged universal applicability of Western constitutionalism, however, the success of any constitutional system depends in part on the cultural values, customs and traditions of the country into which the constitutional system is planted. This book explains how the values, customs and traditions of East Asian countries are Confucian, and discusses how this is relevant to constitutional practice in the region. The book outlines how constitutionalism has developed in East Asia over a long period, considers different scholarly work on the ease or difficulty of integrating Western constitutionalism into countries with a Confucian outlook, and examines the prospects for such integration going forward. Throughout, the book covers detailed aspects of Confucianism and the workings of constitutions in practice.
Book Synopsis Public Reason Confucianism by : Sungmoon Kim
Download or read book Public Reason Confucianism written by Sungmoon Kim and published by Cambridge University Press. This book was released on 2016-04-21 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public reason Confucianism is a particular style of Confucian democratic perfectionism in which comprehensive Confucianism is connected with perfectionism.
Book Synopsis Confucianism, Law, and Democracy in Contemporary Korea by : Sungmoon Kim
Download or read book Confucianism, Law, and Democracy in Contemporary Korea written by Sungmoon Kim and published by Rowman & Littlefield. This book was released on 2015-03-26 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative political theory has grown into a recognized discipline in its own right in the last two decades. Yet little has been done to explore how political theory engages with the actual social, legal, and political reality of a particular polity. East Asians are complexly conditioned by traditional Confucian norms and habits, despite significant social, economic, and political changes in their contemporary lives. This volume seeks to address this important issue by developing a specifically Confucian political and legal theory. The volume focuses on South Korea, whose traditional society was and remains the most Confucianized among pre-modern East Asian countries. It offers an interesting case for thinking about Confucian democracy and constitutionalism because its liberal-democratic institutions are compatible with and profoundly influenced by the Confucian habit of the heart. The book wrestles with the practical meaning of liberal rights under the Korean Confucian societal culture and illuminates a way in which traditional Confucianism can be transformed through legal and political processes into a new Confucianism relevant to democratic practices in contemporary Korea.
Book Synopsis Theorizing Confucian Virtue Politics by : Sungmoon Kim
Download or read book Theorizing Confucian Virtue Politics written by Sungmoon Kim and published by Cambridge University Press. This book was released on 2019-11-14 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Makes Mencius' and Xunzi's political thought accessible to political theorists, philosophers and scientists with no expertise in classical Chinese or sinology.
Book Synopsis Chinese Constitutionalism in a Global Context by : Peng Chengyi
Download or read book Chinese Constitutionalism in a Global Context written by Peng Chengyi and published by Routledge. This book was released on 2018-08-06 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the course of the last four decades as China’s ideological realm has been transformed, it has become significantly more complicated. This is well illustrated in the current discourse concerning China’s constitutional future. Among Chinese intellectuals the liberal constitutionalism paradigm is widely accepted. However, more recently, this perspective has been challenged by mainland New Confucians and Sinicized Marxists alike. The former advocate a constitutionalism that is based upon and loyal to the Confucian tradition; while the latter has sought to theorize the current Chinese constitutional order and reclaim its legitimacy. This book presents a discussion of these three approaches, analyzing their respective strengths and weaknesses, and looking to the likely outcome. The study provides a clear picture of the current ideological debates in China, while developing a platform for the three schools and their respective constituencies to engage in dialogue, pluralize the conceptions of constitutionalism in academia, and shed light on the political path of China in the 21st Century. The consequences of this Chinese contribution to the global constitutionalism debate are significant. Notions of the meaning of democratic organization, of the nature of the division of authority between administrative and political organs, of the nature and role of political citizenship, of the construction of rights are all implicated. It is argued that China’s constitutional system, when fully theorized and embedded within the global discourse might serve, as the German Basic Law did in its time, as a model for states seeking an alternative approach to the legitimate construction of state, political structures and institutions.
Book Synopsis Asian Values and Human Rights by : William Theodore De Bary
Download or read book Asian Values and Human Rights written by William Theodore De Bary and published by Harvard University Press. This book was released on 2000-03-01 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the horrific Tiananmen Square massacre in 1989, the debate on human rights in China has raged on with increasing volume and shifting context, but little real progress. In this provocative book, one of our most learned scholars of China moves beyond the political shouting match, informing and contextualizing this debate from a Confucian and a historical perspective. "Asian Values" is a concept advanced by some authoritarian regimes to differentiate an Asian model of development, supposedly based on Confucianism, from a Western model identified with individualism, liberal democracy, and human rights. Highlighting the philosophical development of Confucianism as well as the Chinese historical experience with community organization, constitutionalism, education, and women's rights, Wm. Theodore de Bary argues that while the Confucian sense of personhood differs in some respects from Western libertarian concepts of the individual, it is not incompatible with human rights, but could, rather, enhance them. De Bary also demonstrates that Confucian communitarianism has historically resisted state domination, and that human rights in China could be furthered by a genuine Confucian communitarianism that incorporates elements of Western civil society. With clarity and elegance, Asian Values and Human Rights broadens our perspective on the Chinese human rights debate.
Download or read book Chinese Legality written by Shiping Hua and published by Taylor & Francis. This book was released on 2022-12-30 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chinese Legality focuses on the concept of "legality" as a lens through which to look at Chinese legal reforms, making a valuable contribution to the argument that law has historically been used as a tool to control society in China. This book discusses how Chinese legality in the Xi Jinping era is defined from a theoretical, ideological, historical, and cultural point of view. Covering vitally important events such as Xi’s term limit issue, the Hong Kong protests and the Covid-19 pandemic, the book examines how legality is reflected and embodied in laws and constitutions, and how legality is realized through institutions, with particular focus on how the CCP interacts with the legislature, the judiciary, the procuratorate, and the police. As a study of the legal reforms under Xi Jinping, this book will be of interest to students and scholars of Chinese politics and law.
Book Synopsis Democracy After Virtue by : Sungmoon Kim
Download or read book Democracy After Virtue written by Sungmoon Kim and published by Oxford University Press. This book was released on 2018 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Is Confucianism compatible with democracy? In this book, Sungmoon Kim lays out a normative theory of Confucian democracy -- pragmatic Confucian democracy -- to address questions of the right to political participation, instrumental and intrinsic values of democracy, democratic procedure and substance, punishment and criminal justice, social and economic justice, and humanitarian intervention. Kim shows us that the question is not so much about the compatibility ofConfucianism and democracy, but of how the two systems can benefit from each other" (ed.).
Book Synopsis The Constitution of Han-academic Ideology by : Youzheng Li
Download or read book The Constitution of Han-academic Ideology written by Youzheng Li and published by Peter Lang Publishing. This book was released on 1997 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Constitution of China by : Qianfan Zhang
Download or read book The Constitution of China written by Qianfan Zhang and published by Bloomsbury Publishing. This book was released on 2012-08-01 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book on China's constitution and its tradition of constitutionalism is one of the first in the English language, and as such provides a much needed overview of China's constitutional history and present arrangements. The nine chapters are divided into three parts. The first part (Chapters 1 & 2) deals with China's constitutional history, its indigenous and Confucian antecedents, as well as the turbulent century which led up to the 1982 Constitution and the new order which this ushered in. The second chapter deals with the distinctive features of its current constitution. The second part (Chapters 3-6) introduces the institutional structure defined in the current constitution - the relationship between the Centre and the Regions, the role of the party and the role of the People's Congress, the meaning of the socialist rule of law, and the independence of the judiciary. The third part (Chapters 7-9) discusses the major developments in human rights and their deficiencies - the protection offered to life, liberty, property and equality, and at the same time the currently dormant areas of political and religious freedom. The book concludes with a chapter looking forward to the future of the People's Congress and Chinese constitutionalism. In sum, the book offers a readable account of the salient features of Chinese constitutional developments in all major areas.
Book Synopsis A Survey of Constitutional Development in China by : Hawkling Lugine Yen
Download or read book A Survey of Constitutional Development in China written by Hawkling Lugine Yen and published by . This book was released on 1911 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Confucius and New China by : Ching-tao Wang
Download or read book Confucius and New China written by Ching-tao Wang and published by . This book was released on 1912 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Survey of Constitutional Development in China by : Hawkling Lugine Yen
Download or read book A Survey of Constitutional Development in China written by Hawkling Lugine Yen and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Constitutional Identity of Contemporary China by : Han Zhai
Download or read book The Constitutional Identity of Contemporary China written by Han Zhai and published by BRILL. This book was released on 2019-12-16 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Constitutional Identity of Contemporary China: The Unitary System and Its Internal Logic, Han Zhai an account of constitutional identity merging with China’s constitutional history and her constitutional complex from a comparative perspective.
Book Synopsis The Confucian Misgivings--Liang Shu-ming’s Narrative About Law by : Zhangrun Xu
Download or read book The Confucian Misgivings--Liang Shu-ming’s Narrative About Law written by Zhangrun Xu and published by Springer. This book was released on 2017-06-23 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The major intellectual interest throughout this book is to offer a study on China's legal legacy, through Liang Shu-ming's eyes. The book follows the formula of the parallel between Life and Mind (人生与人心), Physis and Nomos, and compares Liang Shu-ming's narrative with his own practical orientation and with the theories of other interlocutors. The book puts Liang Shu-ming into the social context of modern Chinese history, in particular, the context of the unprecedented crisis of meaning in the legal realm and the collapse of a transcendental source for Chinese cultural identity in the light of modernity. The evaluation provided by this narrative could be helpful in clarifying the deep structures and significance of the present Chinese legal system through historically exploring Liang Shu-ming's misgivings. The book is intended for academics of legal, history and cultural studies. The book is unique in that it is the first book to explore New Confucian's considerations on reconstruction of Chinese legal system in the modern era. It presents a comprehensive systematical comparison of Liang Shu-ming's narrative about constitutional government in China against other schools of thought.
