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Author : Jiang Qing
Publisher : Princeton University Press
Page : 267 pages
File Size : 41,8 Mb
Release : 2016-11-08
Category : Political Science
ISBN : 9780691173573
English translation of materials from a workshop on Confucian constitutionalism in May 2010 at the City University of Hong Kong.
Author : Bui Ngoc Son
Publisher : Routledge
Page : 226 pages
File Size : 53,5 Mb
Release : 2016-02-12
Category : Law
ISBN : 9781317529057
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.
Author : Ngoc Son Bui,Stuart Hargreaves,Ryan Mitchell
Publisher : Taylor & Francis
Page : 517 pages
File Size : 46,5 Mb
Release : 2022-12-29
Category : Law
ISBN : 9781000800579
The Handbook of Constitutional Law in Greater China surveys important issues of constitutional law in Mainland China, Hong Kong, Macau, and Taiwan. It synthesizes existing scholarship, debates, and views on important constitutional issues in the four jurisdictions. Written by a range of scholars, it contributes to both national and comparative scholarship on constitutional law in these jurisdictions. The book includes four parts: Part I: History. This part explores the constitutional movement of the Qing dynasty; constitutional projects in modern China; and aspects of the drafting and implementation history of the Hong Kong and Macau Basic Laws Part II: Structure. This part discusses the relationship between the party-state and the Chinese constitutional order; Chinese constitutionalism; constitutional aspects of city development under the SAR concept; constitutional review in Mainland China; a history of Taiwan’s ‘Council of Grand Justices’; and judicial review in both Hong Kong and Macau Part III: Rights, Society, and Economy. This part deals with Hong Kong’s National Security Law and its impact on the ‘one country, two systems model’; social movements and constitutionalism; LGBT rights advocacy; the integration of capitalist regions within socialist China; the constitutional relevance of labour reforms in Mainland China; healthcare rights in both the Mainland and the SARS; and foreign investment under Art. 18 of the PRC Constitution Part IV: Transnational Engagement. This part surveys comparative writings on China’s constitution; the influence of international human rights treaties on China’s constitutional order; the international dimension of Hong Kong’s constitutional order; and the changing role of the ‘overseas judges’ in Hong Kong Exploring both historical and cutting-edge constitutional issues, this reference book is important reading for law researchers, lawyers, graduate students, undergraduates, and practitioners in the field of constitutional law and politics in Mainland China, Taiwan, Hong Kong, and Macau.
Author : Shiping Hua
Publisher : Routledge
Page : 174 pages
File Size : 41,9 Mb
Release : 2019-03-27
Category : Law
ISBN : 9780429515538
This book examines China’s striving for a constitutional order in the 20th century from comparative, historical, and theoretical perspectives. Through a comprehensive study of six major constitutional reforms experienced by China in the last century, Shiping Hua explores pragmatism, instrumentalism, statism, and favoritism as the key features of the Chinese legal culture. Demonstrating that these characteristics have roots in China’s ancient past and coincide with modern communist legal theory, it argues that Chinese legal culture has greatly impacted upon the country’s move to modernize its legal system. By analyzing key constitutional periods in China’s history, this book also evaluates patterns that can be used to better comprehend not only China’s present legal reform but its future legal developments too. As the first book to examine how the Chinese legal culture has affected constitutional reform in the 20th century, Chinese Legal Culture and Constitutional Order will be useful to students and scholars of Asian and constitutional law, as well as Chinese Studies more generally. Winner of the 2019 ACPSS (Association of Chinese Professors of Social Sciences in the United States) Best Scholarly Publication Award for Original Research.
Author : Daniel A. Bell
Publisher : Princeton University Press
Page : 273 pages
File Size : 46,7 Mb
Release : 2010-04-19
Category : Political Science
ISBN : 9781400834822
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.
Author : Peng Chengyi
Publisher : Routledge
Page : 280 pages
File Size : 46,8 Mb
Release : 2018-08-06
Category : Law
ISBN : 9781317167075
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.
Author : Robert A. Carleo III,Yong Huang
Publisher : Springer Nature
Page : 204 pages
File Size : 44,8 Mb
Release : 2021-11-08
Category : Philosophy
ISBN : 9783030706111
This book debates the values and ideals of Confucian politics—harmony, virtue, freedom, justice, order—and what these ideals mean for Confucian political philosophy today. The authors deliberate these eminent topics in five debates centering on recent innovative and influential publications in the field. Challenging and building on those works, the dialogues consider the roles of benevolence, family determination, public reason, distributive justice, and social stability in Confucian political philosophy. In response, the authors defend their views and evaluate their critics in turn. Taking up a broad range of crucial issues—autonomy, liberty, democracy, political legitimacy, human welfare—these author-meets-critic debates will appeal to scholars interested in political, comparative, and East Asian philosophy. Their interlaced themes weave a portrait of what is at stake in discussing Confucian values and theory. Most importantly, they engage and develop the state of the field of Confucian political philosophy today.
Author : Sungmoon Kim
Publisher : Cambridge University Press
Page : 253 pages
File Size : 44,6 Mb
Release : 2019-11-14
Category : Philosophy
ISBN : 9781108499422
Makes Mencius' and Xunzi's political thought accessible to political theorists, philosophers and scientists with no expertise in classical Chinese or sinology.
Author : Kevin Carrico
Publisher : Univ of California Press
Page : 280 pages
File Size : 52,9 Mb
Release : 2017-08-22
Category : Social Science
ISBN : 9780520967687
The Great Han is an ethnographic study of the Han Clothing Movement, a neotraditionalist and racial nationalist movement that has emerged in China since 2001. Participants come together both online and in person in cities across China to revitalize their utopian vision of the authentic “Great Han” and corresponding “real China” through pseudotraditional ethnic dress, reinvented Confucian ritual, and anti-foreign sentiment. Analyzing the movement’s ideas and practices, this book argues that the vision of a pure, perfectly ordered, ethnically homogeneous, and secure society is in fact a fantasy constructed in response to the challenging realities of the present. Yet this national imaginary is reproduced precisely through its own perpetual elusiveness. The Great Han is a pioneering analysis of Han identity, nationalism, and social movements in a rapidly changing China.
Author : Daniel K. Gardner
Publisher : Oxford University Press, USA
Page : 153 pages
File Size : 51,8 Mb
Release : 2014
Category : Religion
ISBN : 9780195398915
This volume shows the influence of the Sage's teachings over the course of Chinese history--on state ideology, the civil service examination system, imperial government, the family, and social relations--and the fate of Confucianism in China in the nineteenth and twentieth centuries, as China developed alongside a modernizing West and Japan. Some Chinese intellectuals attempted to reform the Confucian tradition to address new needs; others argued for jettisoning it altogether in favor of Western ideas and technology; still others condemned it angrily, arguing that Confucius and his legacy were responsible for China's feudal, ''backward'' conditions in the twentieth century and launching campaigns to eradicate its influences. Yet Chinese continue to turn to the teachings of Confucianism for guidance in their daily lives.
Author : Sungmoon Kim
Publisher : Cambridge University Press
Page : 289 pages
File Size : 42,7 Mb
Release : 2016-04-21
Category : Political Science
ISBN : 9781107106222
Public reason Confucianism is a particular style of Confucian democratic perfectionism in which comprehensive Confucianism is connected with perfectionism.
Author : Albert H.Y. Chen
Publisher : City University of HK Press
Page : 440 pages
File Size : 43,9 Mb
Release : 2021-03
Category : Law
ISBN : 9789629374501
This collection of selected works by Professor Albert H.Y. Chen shows the contours of the author’s scholarship as it developed over 35 years of his academic career, from 1984 to the present. The essays are divided into three sections which cover the three major domains of Professor Chen’s research. Part I covers the legal developments and controversies of “One Country, Two Systems” since the Hong Kong interpretation on “the right of abode” in 1999 to the anti-extradition movement of 2019. Part II shifts to focus on tradition and modernity in Chinese Law, including China’s Confucian and Legalist traditions and how the socialist legal system in China evolved and modernized in the era of “reform and opening”. Part III examines the transplantation of Western thinking and constitutionalism to East Asia in modern times and discusses the achievements and failures of these efforts. In conjunction with an introductory chapter that sets out the basic orientation and paradigm of these legal and constitutional studies and an epilogue that reflects on the main themes, this collection exemplifies the author’s important contributions to the field and provides insight into how the legal orders in Hong Kong and mainland China have changed over the course of Professor Chen’s academic career.
Author : Ning An
Publisher : Springer Nature
Page : 194 pages
File Size : 47,9 Mb
Release : 2019-12-09
Category : Social Science
ISBN : 9789811520105
This book presents an essential non-western geopolitical landscape and draws on the conceptual framework of critical geopolitics to discuss the views on terrorism held by various groups of Chinese people, including the elite, middle class, and masses. After investigating these views, the book posits that these Chinese geopolitical imaginaries cannot be fully understood using the extant geopolitical theories, including communism, nationalism, and realism. Accordingly, it subsequently seeks to adapt the Confucian geopolitical idea in order to theorize Chinese geopolitics. By doing so, the book reintroduces the historically embedded but long-ignored traditional Chinese political geography philosophies (in particular Confucian thinking) into efforts to explain Chinese geopolitics. In this regard, it promotes a specific and importantly Confucianism-based understanding of international security politics. The geopolitical model provided can also help to explain Chinese views on other major geopolitical issues.
Author : Daniel A. Bell
Publisher : Princeton University Press
Page : 360 pages
File Size : 48,9 Mb
Release : 2016-08-23
Category : Political Science
ISBN : 9781400883486
How China's political model could prove to be a viable alternative to Western democracy Westerners tend to divide the political world into "good" democracies and “bad” authoritarian regimes. But the Chinese political model does not fit neatly in either category. Over the past three decades, China has evolved a political system that can best be described as “political meritocracy.” The China Model seeks to understand the ideals and the reality of this unique political system. How do the ideals of political meritocracy set the standard for evaluating political progress (and regress) in China? How can China avoid the disadvantages of political meritocracy? And how can political meritocracy best be combined with democracy? Daniel Bell answers these questions and more. Opening with a critique of “one person, one vote” as a way of choosing top leaders, Bell argues that Chinese-style political meritocracy can help to remedy the key flaws of electoral democracy. He discusses the advantages and pitfalls of political meritocracy, distinguishes between different ways of combining meritocracy and democracy, and argues that China has evolved a model of democratic meritocracy that is morally desirable and politically stable. Bell summarizes and evaluates the “China model”—meritocracy at the top, experimentation in the middle, and democracy at the bottom—and its implications for the rest of the world. A timely and original book that will stir up interest and debate, The China Model looks at a political system that not only has had a long history in China, but could prove to be the most important political development of the twenty-first century.
Author : Sungmoon Kim
Publisher : Cambridge University Press
Page : 337 pages
File Size : 47,5 Mb
Release : 2014-02-28
Category : Political Science
ISBN : 9781107049031
Confucian Democracy in East Asia explores the unique Confucian reasoning that still exists in much of East Asian culture.
