Confucian Constitutionalism

Confucian Constitutionalism
Author: Sungmoon Kim
Publisher: Oxford University Press
Total 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.

A Confucian Constitutional Order

A Confucian Constitutional Order
Author: Jiang Qing
Publisher: Princeton University Press
Total Pages: 267
Release: 2016-11-08
Genre: Political Science
ISBN: 0691173575

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English translation of materials from a workshop on Confucian constitutionalism in May 2010 at the City University of Hong Kong.

Confucian Constitutionalism in East Asia

Confucian Constitutionalism in East Asia
Author: Bui Ngoc Son
Publisher: Routledge
Total Pages: 234
Release: 2016-02-12
Genre: Law
ISBN: 1317529065

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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.

Confucian Constitutionalism in East Asia

Confucian Constitutionalism in East Asia
Author: Bui Ngoc Son
Publisher: Routledge
Total Pages: 373
Release: 2016-02-12
Genre: Law
ISBN: 1317529057

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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.

Public Reason Confucianism

Public Reason Confucianism
Author: Sungmoon Kim
Publisher: Cambridge University Press
Total Pages: 289
Release: 2016-04-21
Genre: Political Science
ISBN: 1316592073

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Recent proposals concerning Confucian meritocratic perfectionism have justified Confucian perfectionism in terms of political meritocracy. In contrast, 'Confucian democratic perfectionism' is a form of comprehensive Confucian perfectionism that can accommodate a plurality of values in civil society. It is also fully compatible with core values of democracy such as popular sovereignty, political equality, and the right to political participation. Sungmoon Kim presents 'public reason Confucianism' as the most attractive option for contemporary East Asian societies that are historically and culturally Confucian. Public reason Confucianism is a particular style of Confucian democratic perfectionism in which comprehensive Confucianism is connected with perfectionism via a distinctive form of public reason. It calls for an active role for the democratic state in promoting a Confucian conception of the good life, at the heart of which are such core Confucian values as filial piety and ritual propriety.

Confucianism, Law, and Democracy in Contemporary Korea

Confucianism, Law, and Democracy in Contemporary Korea
Author: Sungmoon Kim
Publisher: Rowman & Littlefield
Total 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.

Theorizing Confucian Virtue Politics

Theorizing Confucian Virtue Politics
Author: Sungmoon Kim
Publisher: Cambridge University Press
Total Pages: 253
Release: 2019-11-14
Genre: Philosophy
ISBN: 1108499422

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

Chinese Constitutionalism in a Global Context

Chinese Constitutionalism in a Global Context
Author: Peng Chengyi
Publisher: Routledge
Total Pages: 280
Release: 2018-08-06
Genre: Law
ISBN: 1317167074

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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.

China's New Confucianism

China's New Confucianism
Author: Daniel A. Bell
Publisher: Princeton University Press
Total 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.

Confucian Constitutionalism

Confucian Constitutionalism
Author: Chae-hak Ham
Publisher:
Total Pages: 640
Release: 2000
Genre: Constitutional law
ISBN:

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