Judicial Review, Democracy and Confucianism
Author | : Jinhan Kim |
Publisher | : |
Total Pages | : 152 |
Release | : 2005 |
Genre | : Confucianism |
ISBN | : |
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Author | : Jinhan Kim |
Publisher | : |
Total Pages | : 152 |
Release | : 2005 |
Genre | : Confucianism |
ISBN | : |
Author | : Sungmoon Kim |
Publisher | : Oxford University Press |
Total Pages | : 297 |
Release | : 2023-05-16 |
Genre | : Philosophy |
ISBN | : 0197630618 |
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.
Author | : Sungmoon Kim |
Publisher | : Cambridge University Press |
Total Pages | : 337 |
Release | : 2014-02-28 |
Genre | : Political Science |
ISBN | : 1107049032 |
Confucian Democracy in East Asia explores the unique Confucian reasoning that still exists in much of East Asian culture.
Author | : Jiang Qing |
Publisher | : Princeton University Press |
Total Pages | : 267 |
Release | : 2012-10-28 |
Genre | : Political Science |
ISBN | : 1400844843 |
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.
Author | : Daniel A. Bell |
Publisher | : Princeton University Press |
Total Pages | : 395 |
Release | : 2009-01-10 |
Genre | : Philosophy |
ISBN | : 1400827469 |
Is liberal democracy appropriate for East Asia? In this provocative book, Daniel Bell argues for morally legitimate alternatives to Western-style liberal democracy in the region. Beyond Liberal Democracy, which continues the author's influential earlier work, is divided into three parts that correspond to the three main hallmarks of liberal democracy--human rights, democracy, and capitalism. These features have been modified substantially during their transmission to East Asian societies that have been shaped by nonliberal practices and values. Bell points to the dangers of implementing Western-style models and proposes alternative justifications and practices that may be more appropriate for East Asian societies. If human rights, democracy, and capitalism are to take root and produce beneficial outcomes in East Asia, Bell argues, they must be adjusted to contemporary East Asian political and economic realities and to the values of nonliberal East Asian political traditions such as Confucianism and Legalism. Local knowledge is therefore essential for realistic and morally informed contributions to debates on political reform in the region, as well as for mutual learning and enrichment of political theories. Beyond Liberal Democracy is indispensable reading for students and scholars of political theory, Asian studies, and human rights, as well as anyone concerned about China's political and economic future and how Western governments and organizations should engage with China.
Author | : Daniel A. Bell |
Publisher | : Princeton University Press |
Total Pages | : 273 |
Release | : 2010-04-19 |
Genre | : Political Science |
ISBN | : 1400834821 |
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 | : R. A. W. Rhodes |
Publisher | : OUP Oxford |
Total Pages | : 905 |
Release | : 2014-05-29 |
Genre | : Political Science |
ISBN | : 0191645869 |
Political leadership has made a comeback. It was studied intensively not only by political scientists but also by political sociologists and psychologists, Sovietologists, political anthropologists, and by scholars in comparative and development studies from the 1940s to the 1970s. Thereafter, the field lost its way with the rise of structuralism, neo-institutionalism, and rational choice approaches to the study of politics, government, and governance. Recently, however, students of politics have returned to studying the role of individual leaders and the exercise of leadership to explain political outcomes. The list of topics is nigh endless: elections, conflict management, public policy, government popularity, development, governance networks, and regional integration. In the media age, leaders are presented and stage-managed--spun--DDLas the solution to almost every social problem. Through the mass media and the Internet, citizens and professional observers follow the rise, impact, and fall of senior political officeholders at closer quarters than ever before. This Handbook encapsulates the resurgence by asking, where are we today? It orders the multidisciplinary field by identifying the distinct and distinctive contributions of the disciplines. It meets the urgent need to take stock. It brings together scholars from around the world, encouraging a comparative perspective, to provide a comprehensive coverage of all the major disciplines, methods, and regions. It showcases both the normative and empirical traditions in political leadership studies, and juxtaposes behavioural, institutional, and interpretive approaches. It covers formal, office-based as well as informal, emergent political leadership, and in both democratic and undemocratic polities.
Author | : Jiwei Ci |
Publisher | : |
Total Pages | : 433 |
Release | : 2019-11-19 |
Genre | : History |
ISBN | : 0674238184 |
Four decades of reform fostered a democratic mentality in China. Now citizens are waiting for the government to catch up. Jiwei Ci argues that the tensions between a largely democratic society and an undemocratic political system will trigger a crisis of legitimacy, compelling the Communist Party to become agents of democratic change--or collapse.
Author | : Daniel A. Bell |
Publisher | : Cambridge University Press |
Total Pages | : 399 |
Release | : 2003-09-08 |
Genre | : History |
ISBN | : 0521821002 |
While Confucian ideals continue to inspire thinkers and political actors, discussions of concrete Confucian practices and institutions appropriate for the modern era have been conspicuously absent from the literature thus far. This volume represents the most cutting edge effort to spell out in meticulous detail the relevance of Confucianism for the contemporary world. The contributors to this book--internationally renowned philosophers, lawyers, historians, and social scientists--argue for feasible and desirable Confucian policies and institutions as they attempt to draw out the political, economic, and legal implications of Confucianism for the modern world.
Author | : Tom Ginsburg |
Publisher | : Cambridge University Press |
Total Pages | : 322 |
Release | : 2003-07-23 |
Genre | : Law |
ISBN | : 9780521520393 |
New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.