confucian constitutionalism in east asia routledge law in asia

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Confucian Constitutionalism In East Asia

Author : Bui Ngoc Son
ISBN : 9781317529057
Genre : Law
File Size : 56. 40 MB
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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.

The Nature Of Asian Politics

Author : Bruce Gilley
ISBN : 9780521761710
Genre : Political Science
File Size : 53. 92 MB
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The Nature of Asian Politics provides an unparalleled, comprehensive first look at the politics of Southeast and Northeast Asia.

Asian Discourses Of Rule Of Law

Author : Randall Peerenboom
ISBN : 9781134341146
Genre : History
File Size : 82. 16 MB
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Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.

The Confucian Philosophy Of Harmony

Author : Chenyang Li
ISBN : 9781134600410
Genre : Philosophy
File Size : 48. 7 MB
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Harmony is a concept essential to Confucianism and to the way of life of past and present people in East Asia. Integrating methods of textual exegesis, historical investigation, comparative analysis, and philosophical argumentation, this book presents a comprehensive treatment of the Confucian philosophy of harmony. The book traces the roots of the concept to antiquity, examines its subsequent development, and explicates its theoretical and practical significance for the contemporary world. It argues that, contrary to a common view in the West, Confucian harmony is not mere agreement but has to be achieved and maintained with creative tension. Under the influence of a Weberian reading of Confucianism as "adjustment" to a world with an underlying fixed cosmic order, Confucian harmony has been systematically misinterpreted in the West as presupposing an invariable grand scheme of things that pre-exists in the world to which humanity has to conform. The book shows that Confucian harmony is a dynamic, generative process, which seeks to balance and reconcile differences and conflicts through creativity. Illuminating one of the most important concepts in Chinese philosophy and intellectual history, this book is of interest to students of Chinese studies, history and philosophy in general and eastern philosophy in particular.

Constitutionalism Of The Global South

Author : Daniel Bonilla Maldonado
ISBN : 9781107067936
Genre : Law
File Size : 56. 11 MB
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The Indian Supreme Court, the South African Constitutional Court and the Colombian Constitutional Court have been among the most important and creative courts in the Global South. In Asia, Africa and Latin America, they are seen as activist tribunals that have contributed (or attempted to contribute) to the structural transformation of the public and private spheres of their countries. The cases issued by these courts are creating a constitutionalism of the Global South. This book addresses in a direct and detailed way the jurisprudence of these Courts on three key topics: access to justice, cultural diversity and socioeconomic rights. This volume is a valuable contribution to the discussion about the contours and structure of contemporary constitutionalism. It makes explicit that this discussion has interlocutors both in the Global South and Global North while showing the common discourse between them and the differences on how they interpret and solve key constitutional problems.

Constitutionalism In Asia

Author : Wen-Chen Chang
ISBN : 9781782252238
Genre : Law
File Size : 54. 37 MB
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This book of text, cases and materials from Asia is designed for scholars and students of constitutional law and comparative constitutional law. The book is divided into 11 chapters, arranged thematically around key ideas and controversies, enabling the reader to work through the major facets of constitutionalism in the region. The book begins with a lengthy introduction that critically examines the study of constitutional orders in 'Asia', highlighting the histories, colonial influences, and cultural particularities extant in the region. This chapter serves both as a provisional orientation towards the major constitutional developments seen in Asia – both unique and shared with other regions – and as a guide to the controversies encountered in the study of constitutional law in Asia. Each of the following chapters is framed by an introductory essay setting out the issues and succinctly highlighting critical perspectives and themes. The approach is one of 'challenge and response', whereby questions of constitutional importance are posed and the reader is then led, by engaging with primary and secondary materials, through the way the various Asian states respond to these questions and challenges. Chapter segments are accompanied by notes, comments and questions to facilitate critical and comparative analysis, as well as recommendations for further reading.The book presents a representative range of Asian materials from jurisdictions including: Bangladesh, China, Hong Kong, India, Japan, Mongolia, Nepal, Pakistan, South Korea, Sri Lanka , Taiwan, Timor-Leste and the 10 ASEAN states.

Asian Socialism Legal Change

Author : John Stanley Gillespie
ISBN : 0731537157
Genre : Business & Economics
File Size : 37. 39 MB
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The immense process of economic and social transformation currently underway in China and Vietnam is well known and extensively documented. However, less attention has been devoted to the process of Chinese and Vietnamese legal change which is nonetheless critical for the future politics, society and economy of these two countries. In a unique comparative approach that brings together indigenous and international experts, Asian Socialism and Legal Change analyzes recent developments in the legal sphere in China and Vietnam. This book presents the diversity and dynamism of this process in China and Vietnam-the impact of socialism, constitutionalism and Confucianism on legal development; responses to change among enterprises and educational and legal institutions; conflicts between change led centrally and locally; and international influences on domestic legal institutions. Core socialist ideas continue to shape society, but have been adapted to local contexts and needs, in some areas more radically than in others. This book is the first systematic analysis of legal change in transitional economies.

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