confucian constitutionalism in east asia routledge law in asia

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Confucian Constitutionalism In East Asia

Author : Bui Ngoc Son
ISBN : 9781317529064
Genre : Law
File Size : 61. 94 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.

Confucian Constitutionalism In East Asian Law

Author : Bui Ngoc Son
ISBN : 1138852066
Genre : Confucianism
File Size : 84. 91 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.

Asian Discourses Of Rule Of Law

Author : Randall Peerenboom
ISBN : 9781134341153
Genre : History
File Size : 24. 5 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.

Politics And Constitutions In Southeast Asia

Author : Marco Bünte
ISBN : 9781317537663
Genre : Law
File Size : 51. 66 MB
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In recent years the constitutional landscape of Southeast Asia has changed tremendously. Against a worldwide background of liberalization, globalization, and democratization, states in the region have begun to alter their constitutions, reinforcing human rights provisions, and putting in place institutional safeguards, such as constitutional courts and human rights commissions. On closer examination, however, the picture is very complex, with constitutional developments differing greatly between states. This book explores a range of current constitutional developments in the different states of Southeast Asia through a distinct political lens. Drawing on comparative and single case studies, it considers various constitutional areas, including constitution drafting, human rights, legal safeguards and the continuing role of the military, sets constitutional developments in the wider political and historical context of each country, and makes comparisons both with Western democracies and with other developing regions. The book concludes by assessing overall how far constitutional practices and trajectories are converging towards a liberal Western model or towards a distinctly Southeast Asian model.

Legal Orientalism

Author : Teemu Ruskola
ISBN : 9780674075788
Genre : Law
File Size : 33. 38 MB
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After the Cold War, how did China become a global symbol of disregard for human rights, while the U.S positioned itself as the chief exporter of the rule of law? Teemu Ruskola investigates globally circulating narratives about what law is and who has it, and shows how “legal Orientalism” developed into a distinctly American ideology of empire.

The Rise And Rise Of Human Rights

Author : Kirsten Sellars
ISBN : STANFORD:36105025946422
Genre : Political Science
File Size : 70. 2 MB
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This is the story of international human rights since the Second World War. It is not a tale of compassion, but a political history made by presidents, prime ministers and secretary-generals.

Confucian Marxism

Author : Weigang Chen
ISBN : 9789004255937
Genre : Religion
File Size : 47. 43 MB
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Weigang Chen's analysis of the legacy of "Confucian Marxism" presents a challenging framework for understanding the politics of "civilizational" diversity and the tenability of a global democratic order.

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