In philosophical debates on human rights between the East and the West, scholars argue whether rights in the Universal Declaration of Human Rights (UDHR) and other international documents (in short, “international human rights”) are universal or culturally relative. Some scholars who emphasize the importance of East Asian cultures (such as the Confucian tradition) have different attitudes toward civil and political rights (CP rights) than toward economic, social, and cultural rights (ESC Rights). They argue that at least some international human rights (...) on the list of CP rights are not universal and believe that East Asian cultures can contribute to the moral justification of ESC rights. This chapter introduces a philosophical argument to support a normative account of human rights. This normative account, called “the minimal account of human rights,” is based on the ideas of minimal values, especially essential necessities of dignity. Based on this account, we can explain why international human rights are both universal and justified by East Asian cultures, especially the Confucian tradition. To explain this minimal account and illustrate how it can be applied to debates on international human rights, this chapter focuses on debates on the international human rights to liberty on the list of CP rights and the human rights to health on the list of ESC rights. (shrink)

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)

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)

Some democratic theorists have argued that contemporary people should practice only a civility that recognizes others as equal persons, and eschew any form of deference to authority as a feudalistic cultural holdover that ought to be abandoned in the modern era. Against such views, this essay engages early Confucian views of ethics and society, including their analyses of different sorts of authority and status, in order to argue that, properly understood, deference is indeed a virtue of considerable importance for contemporary (...) democratic societies and the citizens who constitute them. (shrink)

The Western liberal view of human rights has been imposed by the West on the rest of the world as universal values applicable to all cultures and traditions. This paper argues that the Chinese Marxist approach provides an alternative conceptualization of human rights, which entails anti-hegemonic sovereignty, and prioritization of social and economic rights over others. It begins with distinction between false universal and genuine universal to illustrate that the West-promoted universal is false rather than genuine. Western liberal view of (...) human rights is critiqued, followed by different perspectives on sovereignty and human rights. Anti-hegemonic sovereignty, this paper maintains, is a prerequisite for human rights improvements. The right to socio-economic well-being is a top priority for the Chinese government, as Chinese cultural traditions, Confucianism for example, value social and economic rights. The West-touted human rights discourse is intended to retain Western hegemony and seek global dominance. The Communist Party of China (CPC) has strived for human rights on behalf of the Chinese people through such projects as reform and opening-up, poverty alleviation, common prosperity, and Belt and Road Initiative, among other programs. This paper concludes that the Chinese Marxist approach goes beyond the debates over cultural relativism and Western-style “universalism”, and provides an alternative that features genuine universality and privileges the right to socio-economic well-being. (shrink)

Over the past few years, there has been a proliferation of artificial intelligence strategies, released by governments around the world, that seek to maximise the benefits of AI and minimise potential harms. This article provides a comparative analysis of the European Union and the United States’ AI strategies and considers the visions of a ‘Good AI Society’ that are forwarded in key policy documents and their opportunity costs, the extent to which the implementation of each vision is living up to (...) stated aims and the consequences that these differing visions of a ‘Good AI Society’ have for transatlantic cooperation. The article concludes by comparing the ethical desirability of each vision and identifies areas where the EU, and especially the US, need to improve in order to achieve ethical outcomes and deepen cooperation. (shrink)

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

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)

(2006). The Normative Justification of Traditional Chinese Authoritarianism. Critical Review of International Social and Political Philosophy: Vol. 9, No. 3, pp. 379-397.

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)

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)

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

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)

An overview of Confucianism in the Song, Yuan, and Ming dynasties, which many regard as second only to the classical period in philosophical importance and influence. This piece canvasses the major thinkers and schools, competing views on the metaphysics of li (pattern, principle) and qi (vital stuff), criticisms of Buddhism and Daoism, and debates about the heartmind, virtue, knowledge, and governance.

In June of 2008, the International Society for Comparative Studies of Chinese and Western Philosophy (ISCWP) convened its third Constructive Engagement conference, on the theme of “Comparative Philosophy Methodology.” During the opening speeches, Prof. Dunhua ZHAO, Chair of the Philosophy Department at Peking University, challenged the conference’s participants to put forward a minimal definition of “comparative philosophy” and a statement of its methods. Based on the papers from the conference and the extensive discussion that ensued, during my closing reflections at (...) the end of the conference I offered a tentative synthesis of the conference’s conclusions. That summary has already been published on-line as part of the bi-annual ISCWP newsletter (Angle 2008). In this brief essay, I recapitulate the themes of my earlier summary and expand, in my own voice, on some of the key points. (shrink)

Both Confucian and Islamic traditions stand in fraught and internally contested relationships with democracy and human rights. It can easily appear that the two traditions are in analogous positions with respect to the values associated with modernity, but a central contention of this essay is that Islam and Confucianism are not analogous in this way. Positions taken by advocates of the traditions are often similar, but the reasoning used to justify these positions differs in crucial ways. Whether one approaches these (...) questions from an intra-traditional, cross-traditional, or multi-traditional perspective, the essay shows that there is great value in getting clear on the ways in which one’s textual “canon” may constrain one. In the end, we will see that while there are creative Islamic approaches to taking human rights seriously, the looser constraints under which Confucians operate today may make things easier for Confucian advocates of human rights and democracy. (shrink)

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