Judicial Review, Democracy and Confucianism

Judicial Review, Democracy and Confucianism
Title Judicial Review, Democracy and Confucianism PDF eBook
Author Jinhan Kim
Publisher
Pages 152
Release 2005
Genre Confucianism
ISBN

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Confucian Constitutionalism

Confucian Constitutionalism
Title Confucian Constitutionalism PDF eBook
Author Sungmoon Kim
Publisher Oxford University Press
Pages 297
Release 2023-05-16
Genre Philosophy
ISBN 0197630618

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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.

Confucian Democracy in East Asia

Confucian Democracy in East Asia
Title Confucian Democracy in East Asia PDF eBook
Author Sungmoon Kim
Publisher Cambridge University Press
Pages 337
Release 2014-02-28
Genre Political Science
ISBN 1107049032

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

Confucianism, Law, and Democracy in Contemporary Korea

Confucianism, Law, and Democracy in Contemporary Korea
Title Confucianism, Law, and Democracy in Contemporary Korea PDF eBook
Author Sungmoon Kim
Publisher Rowman & Littlefield
Pages 233
Release 2015-03-26
Genre Philosophy
ISBN 1783482257

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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.

A Confucian Constitutional Order

A Confucian Constitutional Order
Title A Confucian Constitutional Order PDF eBook
Author Jiang Qing
Publisher Princeton University Press
Pages 267
Release 2012-10-28
Genre Political Science
ISBN 1400844843

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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.

China's New Confucianism

China's New Confucianism
Title China's New Confucianism PDF eBook
Author Daniel A. Bell
Publisher Princeton University Press
Pages 273
Release 2010-04-19
Genre Political Science
ISBN 1400834821

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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.

Beyond Liberal Democracy

Beyond Liberal Democracy
Title Beyond Liberal Democracy PDF eBook
Author Daniel A. Bell
Publisher Princeton University Press
Pages 395
Release 2009-01-10
Genre Philosophy
ISBN 1400827469

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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.