This article counters the popular misunderstanding that China lacks a conception of human rights in its philosophical heritage. The authors demonstrate that even divergent traditions such as Classical Confucianism and Mohism provide strong and pervasive antecedents for human rights ideology, and both have much to contribute to the contemporary Chinese articulation of human rights theory and practice. The first part of the article shows that traditional Confucian values have the capacity to produce a social environment in which rights outcomes are (...) realized, yet without recourse to the full legal mechanisms of Western claim-rights. The second part of the article reveals that Mohism offers several insights and motivations for contemporary human rights ideology. Thus, the authors substantiate that historic Chinese philosophy supports a meaningful framework for human rights, refuting the claim that human rights is alien to the Chinese way. (shrink)

The essay begins from Alan Gewirth's influential account of human rights, and specifically with his argument that the human right to political participation can only be fulfilled by competitive, liberal democracy. I show that his argument rests on empirical, rather than conceptual grounds, which opens the possibility that in China, alternative forms of participation may be legitimate or even superior. An examination of the theory and contemporary practice of 'democratic centralism' shows that while it does not now adequately support the (...) right to political participation, a reformed version could. I focus in particular on the roles that could be played by consultative institutions, looking both to recent Chinese proposals and to analogues currently existing in Japan. I conclude that a reformed democratic centralism may well be the objective toward which Chinese people should strive. (shrink)

There are many East and West debates on human rights. One of them is whether all civil and political rights are human rights. On one hand, scholars generally agree that rights to physical security are human rights. On the other hand, some scholars argue that rights to political liberty are only Western rights but not human rights because political liberty conflicts with some East Asian cultural factors, especially the Confucian tradition. I argue that physical security also conflicts with some parts (...) of the Confucian tradition, but rights to physical security are still human rights because physical security is a minimal value. I then argue that political liberty, similar to physical security, is also a minimal value. Therefore, similar to rights to physical security, rights to political liberty are also human rights, even though political liberty also conflicts with some parts of the Confucian tradition. (shrink)

The Confucian notion of civility has for thousands of years guided all aspects of socio-ethical life in East Asia. Confucians express their central concern for civility in their notion of li, which is commonly translated ?ritual? and refers to the conventions and courtesies through which we submit to the socio-ethical order, as we do, for example, in performing sacrifices, weddings, and funerals, and various daily acts of deference. Since the rise of China and other East Asian countries as economic powers, (...) it has been suggested that we have in East Asia a ?Confucian? ritual-based culture that is opposed to the law-based culture of the West, a culture of rites opposed to a culture of rights, and that this ritual-based culture can be carried into modernity as another way to secure social harmony. I argue that the values central to Confucian ritual ? deference, repayment, and harmony ? are incompatible with the freedom enacted in modern civility. It is unlikely, therefore, that Confucian ritual can be carried into modernity and, as some suggest, remedy the fragmentation, and indeed lack of civility, characteristic of modern societies. (shrink)

Confucianism’s long historical association with despotism has cast doubts on its compatibility with democracy, and raise questions about its relevance in contemporary societies increasingly dominated by democratic aspirations. “Confucian democracy” has been described as a “contradiction in terms” and Asian politicians have appropriated Confucianism to justify resistance to liberalization and democratization. There has been a lively debate over the question of whether democracy can be found in Confucianism, from ancient texts such as the Analects and Mencius, to Confucian institutions such (...) as those recommended by Song dynasty Huang Zongxi. Philosophers have examined similarities and differences between Western ideas, such as autonomy, liberty, and rights, that are central to democratic theories on the one hand and Confucian ideas of virtue, ren , yi , li , zhi , exemplary person and authority. Scholars have studied the biographical accounts of prominent Confucians to understand the Confucian ideal person and society. Works arguing that there are elements of democracy in Confucianism, or that some Confucian ideas could provide the basis for a contemporary Confucian democracy, differ in the kind of democracy they choose as models. Liberal democracy was the model of earlier works; with increasing criticisms of liberal democracy in the past decades, a growing number of works arguing for Confucian democracy seek alternatives to liberal democracies, many proposing some kind of communitarian democracy as having affinity with the Confucian philosophical orientation. Besides conceptions of democracy that view it in terms of political systems, Dewey’s conception of democracy as the idea of community and primarily a moral ideal has also inspired attempts to reconstruct Confucian democracy. (shrink)

Are there any coherent and defensible alternatives to liberal democracy? The author examines the possibility that a reformed democratic centralism-the principle around which China's current polity is officially organized-might be legitimate, according to both an inside and an outside perspective. The inside perspective builds on contemporary Chinese political theory; the outside perspective critically deploys Rawls's notion ofa "decent society " as its standard. Along the way, the author pays particular attention to the kinds and degree of pluralism a decent society (...) can countenance, and to the specific institutions in China that might enable the realization of a genuine and/or decent democratic centralism. The author argues that by considering both inside and outside perspectives, and the degrees to which they inter-penetrate and critically inform one another, we can engage in a global philosophy that neither pre-judges alternative political traditions nor falls prey to false conceptual barriers. (shrink)

Volume 11, Issue 1, March 2019, Page 48-60.

A central issue in Chinese philosophy today is the relationship between Confucianism and democracy. While some political figures have argued that Confucian values justify non-democratic forms of government, many scholars have argued that Confucianism can provide justification for democracy, though this Confucian democracy will differ substantially from liberal democracy. These scholars believe it is important for Chinese culture to develop its own conception of democracy using Confucian values, drawn mainly from Kongzi (Confucius) and Mengzi (Mencius), as the basis. This essay (...) describes some obstacles to this form of Confucian democracy. It argues that considering the political philosophies of Kongzi and Mengzi in the context of their views on personal cultivation reveals that they oppose some of the central assumptions of democracy. They do not trust the public to make good decisions, and advocate government for the people, but not by the people. These philosophies alone cannot generate democracy. (shrink)

History and Philosophy of Logic, Volume 33, Issue 3, Page 293-296, August 2012.