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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.
English translation of materials from a workshop on Confucian constitutionalism in May 2010 at the City University of Hong Kong.
The immense process of economic and social transformation currently underway in China and Vietnam is well known and extensively documented. However, less attention has been devoted to the process of Chinese and Vietnamese legal change which is nonetheless critical for the future politics, society and economy of these two countries. In a unique comparative approach that brings together indigenous and international experts, Asian Socialism and Legal Change analyzes recent developments in the legal sphere in China and Vietnam. This book presents the diversity and dynamism of this process in China and Vietnam-the impact of socialism, constitutionalism and Confucianism on legal development; responses to change among enterprises and educational and legal institutions; conflicts between change led centrally and locally; and international influences on domestic legal institutions. Core socialist ideas continue to shape society, but have been adapted to local contexts and needs, in some areas more radically than in others. This book is the first systematic analysis of legal change in transitional economies.
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.
What is it like to be a Westerner teaching political philosophy in an officially Marxist state? Why do Chinese sex workers sing karaoke with their customers? And why do some Communist Party cadres get promoted if they care for their elderly parents? In this entertaining and illuminating book, one of the few Westerners to teach at a Chinese university draws on his personal experiences to paint an unexpected portrait of a society undergoing faster and more sweeping changes than anywhere else on earth. With a storyteller's eye for detail, Daniel Bell observes the rituals, routines, and tensions of daily life in China. China's New Confucianism makes the case that as the nation retreats from communism, it is embracing a new Confucianism that offers a compelling alternative to Western liberalism. Bell provides an insider's account of Chinese culture and, along the way, debunks a variety of stereotypes. He presents the startling argument that Confucian social hierarchy can actually contribute to economic equality in China. He covers such diverse social topics as sex, sports, and the treatment of domestic workers. He considers the 2008 Olympics in Beijing, wondering whether Chinese overcompetitiveness might be tempered by Confucian civility. And he looks at education in China, showing the ways Confucianism impacts his role as a political theorist and teacher. By examining the challenges that arise as China adapts ancient values to contemporary society, China's New Confucianism enriches the dialogue of possibilities available to this rapidly evolving nation. In a new preface, Bell discusses the challenges of promoting Confucianism in China and the West.
Xun Zi, one of the principal thinkers of the pre-imperial period and as such still widely read, ought to appear on any reading list on Chinese intellectual history. Dr. Sato's volume deals with the origin and formation of Xun Zi’s political thought, with close focus on the intellectual activity of the Jixia Academy and its impact on this synthesizer’s theory on rituals and social norms. The author convincingly deals with the problems of textual authenticity and biography. The main part of the work treats the shift of intellectual inquiry from an argument of ethical matters to an analysis of the principle(s) of socio-political mechanism, thus showing Xun Zi as a formative synthesizer of the two main streams of early Chinese intellectual discourse.
Now available in the U.S. and already one of China's all-time bestsellers, "Confucius from the Heart" stands as an inspirational work that teaches readers how to apply Confucian wisdom to their everyday lives. Full-color illustrations throughout.
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.
"Proceedings of Vietnam Update Conference November 1992, Department of Political and Social Change, Research School of Pacific Studies, ANU".