Confucian Constitutionalism In East Asia

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Confucian Constitutionalism in East Asia

Author : Bui Ngoc Son
Publisher : Routledge
Page : 234 pages
File Size : 55,7 Mb
Release : 2016-02-12
Category : Law
ISBN : 9781317529064

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Confucian Constitutionalism in East Asia by Bui Ngoc Son Pdf

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.

Public Reason Confucianism

Author : Sungmoon Kim
Publisher : Cambridge University Press
Page : 289 pages
File Size : 55,9 Mb
Release : 2016-04-21
Category : Political Science
ISBN : 9781107106222

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Public Reason Confucianism by Sungmoon Kim Pdf

Public reason Confucianism is a particular style of Confucian democratic perfectionism in which comprehensive Confucianism is connected with perfectionism.

Confucian Constitutionalism

Author : Sungmoon Kim
Publisher : Oxford University Press
Page : 297 pages
File Size : 52,9 Mb
Release : 2023-05-16
Category : Philosophy
ISBN : 9780197630617

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Confucian Constitutionalism by Sungmoon Kim Pdf

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.

Confucianism, Law, and Democracy in Contemporary Korea

Author : Sungmoon Kim
Publisher : Rowman & Littlefield
Page : 233 pages
File Size : 42,5 Mb
Release : 2015-03-26
Category : Philosophy
ISBN : 9781783482252

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Confucianism, Law, and Democracy in Contemporary Korea by Sungmoon Kim Pdf

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.

Theorizing Confucian Virtue Politics

Author : Sungmoon Kim
Publisher : Cambridge University Press
Page : 253 pages
File Size : 54,7 Mb
Release : 2019-11-14
Category : Philosophy
ISBN : 9781108499422

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Theorizing Confucian Virtue Politics by Sungmoon Kim Pdf

Makes Mencius' and Xunzi's political thought accessible to political theorists, philosophers and scientists with no expertise in classical Chinese or sinology.

Confucianism and Democratization in East Asia

Author : To-chʻŏl Sin
Publisher : Cambridge University Press
Page : 377 pages
File Size : 54,7 Mb
Release : 2012
Category : History
ISBN : 9781107017337

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Confucianism and Democratization in East Asia by To-chʻŏl Sin Pdf

"This book examines how Confucianism affects the development of democratic citizenship in East Asia. To what extent do East Asians remain attached to the particular way of life and system of government that Confucius and Mencius advocated to bring about a community of grand harmony? How does such attachment to Confucian civic norms affect their engagement in civic affairs? How does attachment to Confucian paternalistic meritocracy affect their commitment to democracy? The book addresses these question in the context of public opinion surveys conducted in East Asia and other regions"--Provided by publisher.

A Confucian Constitutional Order

Author : Jiang Qing
Publisher : Princeton University Press
Page : 267 pages
File Size : 52,8 Mb
Release : 2012-10-28
Category : Political Science
ISBN : 9781400844845

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A Confucian Constitutional Order by Jiang Qing Pdf

What a Confucian constitutional government might look like in China's political future As China continues to transform itself, many assume that the nation will eventually move beyond communism and adopt a Western-style democracy. But could China develop a unique form of government based on its own distinct traditions? Jiang Qing—China's most original, provocative, and controversial Confucian political thinker—says yes. In this book, he sets out a vision for a Confucian constitutional order that offers a compelling alternative to both the status quo in China and to a Western-style liberal democracy. A Confucian Constitutional Order is the most detailed and systematic work on Confucian constitutionalism to date. Jiang argues against the democratic view that the consent of the people is the main source of political legitimacy. Instead, he presents a comprehensive way to achieve humane authority based on three sources of political legitimacy, and he derives and defends a proposal for a tricameral legislature that would best represent the Confucian political ideal. He also puts forward proposals for an institution that would curb the power of parliamentarians and for a symbolic monarch who would embody the historical and transgenerational identity of the state. In the latter section of the book, four leading liberal and socialist Chinese critics—Joseph Chan, Chenyang Li, Wang Shaoguang, and Bai Tongdong—critically evaluate Jiang's theories and Jiang gives detailed responses to their views. A Confucian Constitutional Order provides a new standard for evaluating political progress in China and enriches the dialogue of possibilities available to this rapidly evolving nation. This book will fascinate students and scholars of Chinese politics, and is essential reading for anyone concerned about China's political future.

Contemporary East Asia and the Confucian Revival

Author : Jana S. Rošker,Nataša Visočnik
Publisher : Cambridge Scholars Publishing
Page : 270 pages
File Size : 40,5 Mb
Release : 2015-10-28
Category : History
ISBN : 9781443885607

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Contemporary East Asia and the Confucian Revival by Jana S. Rošker,Nataša Visočnik Pdf

The so-called Confucian revival which came to prominence at the end of the twentieth-century, and which is manifested in the philosophical stream of Modern Confucianism, is one of the most significant elements within new Asian modernisation ideologies. By providing new insights into the culturally conditioned structure of Asian societies, this book contributes to the improvement of political, economic and cultural relations between "Western" and East Asian countries. Most classical Western modernisation theories have assumed that Confucianism would have to be abandoned if East Asia wanted to dev.

East Asian Confucianisms

Author : Junjie Huang
Publisher : V&R Unipress
Page : 0 pages
File Size : 42,9 Mb
Release : 2015
Category : Confucianism
ISBN : 384710408X

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East Asian Confucianisms by Junjie Huang Pdf

This volume tells the story of the importance of the Confucian traditions and why and how Confucian texts were reinterpreted within the different ambiances and contexts around East Asia. The vitality of East Asian Confucianisms stems from the desire of Confucian thinkers to interpret the core values of the Confucian classics in line with conditions and changes in their own times and location. Although all the interpretations that were advanced in China, Korea and Japan were specific to their own era, they do still share some themes. This book reveals that East Asian Confucianisms forms an intellectual community that is transnational and multi-lingual and has evolved in interaction between Confucian universal values and the local conditions present in each East Asian country.

Confucianism and Democratization in East Asia

Author : Doh C Shin
Publisher : Unknown
Page : 378 pages
File Size : 46,6 Mb
Release : 2014-05-14
Category : POLITICAL SCIENCE
ISBN : 1139224875

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Confucianism and Democratization in East Asia by Doh C Shin Pdf

"This book examines how Confucianism affects the development of democratic citizenship in East Asia. To what extent do East Asians remain attached to the particular way of life and system of government that Confucius and Mencius advocated to bring about a community of grand harmony? How does such attachment to Confucian civic norms affect their engagement in civic affairs? How does attachment to Confucian paternalistic meritocracy affect their commitment to democracy? The book addresses these question in the context of public opinion surveys conducted in East Asia and other regions"--Provided by publisher.

The East Asian Region

Author : Gilbert Rozman
Publisher : Princeton Legacy Library
Page : 248 pages
File Size : 44,8 Mb
Release : 2016-04-03
Category : Electronic
ISBN : 0691635307

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The East Asian Region by Gilbert Rozman Pdf

The contributors to this volume range over 2,000 years of history as they show how Confucian values spread throughout the region in premodern times and how these values were transformed in an age of modernization. The introduction by Gilbert Rozman discusses the special character of East Asia. In Part I Patricia Ebrey analyzes the Confucianization of China; JaHyun Kim Haboush, that of Korea; and Martin Collcutt, the much later diffusion of Confucianism in Japan. In Part II Rozman compares types of Confucianism in nineteenth-century China and Japan and their adaptability in the twentieth century, while Michael Robinson adds an overview of modern Korean perceptions of Confucianism. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Confucian Democracy in East Asia

Author : Sungmoon Kim
Publisher : Cambridge University Press
Page : 337 pages
File Size : 48,6 Mb
Release : 2014-02-28
Category : Political Science
ISBN : 9781107049031

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Confucian Democracy in East Asia by Sungmoon Kim Pdf

Confucian Democracy in East Asia explores the unique Confucian reasoning that still exists in much of East Asian culture.

Taiwan and International Human Rights

Author : Jerome A. Cohen,William P. Alford,Chang-fa Lo
Publisher : Springer
Page : 706 pages
File Size : 43,6 Mb
Release : 2019-05-16
Category : Law
ISBN : 9789811303500

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Taiwan and International Human Rights by Jerome A. Cohen,William P. Alford,Chang-fa Lo Pdf

This book tells a story of Taiwan’s transformation from an authoritarian regime to a democratic system where human rights are protected as required by international human rights treaties. There were difficult times for human rights protection during the martial law era; however, there has also been remarkable transformation progress in human rights protection thereafter. The book reflects the transformation in Taiwan and elaborates whether or not it is facilitated or hampered by its Confucian tradition. There are a number of institutional arrangements, including the Constitutional Court, the Control Yuan, and the yet-to-be-created National Human Rights Commission, which could play or have already played certain key roles in human rights protections. Taiwan’s voluntarily acceptance of human rights treaties through its implementation legislation and through the Constitutional Court’s introduction of such treaties into its constitutional interpretation are also fully expounded in the book. Taiwan’s NGOs are very active and have played critical roles in enhancing human rights practices. In the areas of civil and political rights, difficult human rights issues concerning the death penalty remain unresolved. But regarding the rights and freedoms in the spheres of personal liberty, expression, privacy, and fair trial (including lay participation in criminal trials), there are in-depth discussions on the respective developments in Taiwan that readers will find interesting. In the areas of economic, social, and cultural rights, the focuses of the book are on the achievements as well as the problems in the realization of the rights to health, a clean environment, adequate housing, and food. The protections of vulnerable groups, including indigenous people, women, LGBT (lesbian, gay, bisexual, and transgender) individuals, the disabled, and foreigners in Taiwan, are also the areas where Taiwan has made recognizable achievements, but still encounters problems. The comprehensive coverage of this book should be able to give readers a well-rounded picture of Taiwan’s human rights performance. Readers will find appealing the story of the effort to achieve high standards of human rights protection in a jurisdiction barred from joining international human rights conventions. This book won the American Society of International Law 2021 Certificate of Merit in a Specialized Area of International Law.

Confucianism and Reflexive Modernity

Author : Sang-Jin Han
Publisher : BRILL
Page : 334 pages
File Size : 47,8 Mb
Release : 2019-12-16
Category : Social Science
ISBN : 9789004415492

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Confucianism and Reflexive Modernity by Sang-Jin Han Pdf

Confucianism and Reflexive Modernity criticizes the paradigm of Asian Value Debate and defends a balance between individual empowerment and flourishing community for human rights in the context of global risk society from an enlightened post-Confucianism perspective.

Asian Values and Human Rights

Author : William Theodore De Bary,Wm. Theodore de Bary
Publisher : Harvard University Press
Page : 220 pages
File Size : 47,9 Mb
Release : 1998
Category : History
ISBN : 0674049551

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Asian Values and Human Rights by William Theodore De Bary,Wm. Theodore de Bary Pdf

De Bray 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.