Author : Anthony Carty
Publisher : Oxford University Press
Page : 497 pages
File Size : 37,34 MB
Release : 2018
Category : Law
ISBN : 0199670056
Arguing that the concept of an 'international rule of law' has a history independent from that of the national rule of law, this book discusses early modern European thought on natural law and justice and Chinese thought on world order and international law. It provides a unique examination of comparative international legal history and philosophy.
Author : Anthony Carty
Publisher : Oxford University Press
Page : 497 pages
File Size : 30,2 MB
Release : 2018-02-09
Category : Law
ISBN : 0191649007
The history of ideas on rule of law for world order is a fascinating one, as revealed in this comparative study of both Eastern and Western traditions. This book discerns 'rule of law as justice' conceptions alternative to the positivist conceptions of the liberal internationalist rule of law today. The volume begins by revisiting early-modern European roots of rule of law for world order thinking. In doing so it looks to Northern Humanism and to natural law, in the sense of justice as morally and reasonably ordered self-discipline. Such a standard is not an instrument of external monitoring but of self-reflection and self-cultivation. It then considers whether comparable concepts exist in Chinese thought. Inspired by Confucius and even Laozi, the Chinese official and intellectual elite readily imagined that international law was governed by moral principles similar to their own. A series of case studies then reveals the dramatic change after the East-West encounters from the 1860s until after 1901, as Chinese disillusionment with the Hobbesian positivism of Western international law becomes ever more apparent. What, therefore, are the possibilities of traditional Chinese and European ethical thinking in the context of current world affairs? Considering the obstacles which stand in the way of this, both East and West, this book reaches the conclusion that everything is possible even in a world dominated by state bureaucracies and late capitalist postmodernism. The rational, ethical spirit is universal.
Author : Daniel K. Gardner
Publisher : Oxford University Press, USA
Page : 153 pages
File Size : 27,57 MB
Release : 2014
Category : Religion
ISBN : 0195398912
This volume shows the influence of the Sage's teachings over the course of Chinese history--on state ideology, the civil service examination system, imperial government, the family, and social relations--and the fate of Confucianism in China in the nineteenth and twentieth centuries, as China developed alongside a modernizing West and Japan. Some Chinese intellectuals attempted to reform the Confucian tradition to address new needs; others argued for jettisoning it altogether in favor of Western ideas and technology; still others condemned it angrily, arguing that Confucius and his legacy were responsible for China's feudal, ''backward'' conditions in the twentieth century and launching campaigns to eradicate its influences. Yet Chinese continue to turn to the teachings of Confucianism for guidance in their daily lives.
Author : Loubna El Amine
Publisher : Princeton University Press
Page : 232 pages
File Size : 15,7 MB
Release : 2015-09-01
Category : Philosophy
ISBN : 0691163049
The intellectual legacy of Confucianism has loomed large in efforts to understand China's past, present, and future. While Confucian ethics has been thoroughly explored, the question remains: what exactly is Confucian political thought? Classical Confucian Political Thought returns to the classical texts of the Confucian tradition to answer this vital question. Showing how Confucian ethics and politics diverge, Loubna El Amine argues that Confucian political thought is not a direct application of Confucian moral philosophy. Instead, contrary to the conventional view that Confucian rule aims to instill virtue in all members of society, El Amine demonstrates that its main aim is to promote political order. El Amine analyzes key aspects of the Confucian political vision, including the relationship between the ruler and the people, the typology of rulers, and the role of ministers and government officials. She also looks at Confucianism’s account of the mechanisms through which society is to be regulated, from welfare policies to rituals. She explains that the Confucian conception of the political leaves space open for the rule of those who are not virtuous if these rulers establish and maintain political order. She also contends that Confucians defend the duty to take part in government based on the benefits that such participation can bring to society. Classical Confucian Political Thought brings a new understanding to Confucian political theory by illustrating that it is not chiefly idealistic and centered on virtue, but rather realistic and driven by political concerns.
Author : Niccolo Machiavelli
Publisher : Wyatt North Publishing, LLC
Page : 178 pages
File Size : 38,29 MB
Release : 2020-06-03
Category : Political Science
ISBN : 164798145X
Written in the 16th century, The Prince remains one of the most influential books on political theory. Its author, Niccolo Machiavelli was an Italian diplomat and political theorist, and is considered the father of modern political thought.
Author : Peter Zarrow
Publisher : Cambridge University Press
Page : 295 pages
File Size : 27,85 MB
Release : 2015-09-23
Category : Education
ISBN : 1107115477
A major study of how Chinese school textbooks shaped social, cultural, and political trends in the late imperial and Republican period.
Author : Denise Wohlwend
Publisher : Edward Elgar Publishing
Page : 328 pages
File Size : 23,99 MB
Release : 2021-05-28
Category : Law
ISBN : 178990742X
This insightful book offers an in-depth examination of whether, and if so how and to what degree, contemporary international law can and should conform to and develop the rule of law principle. Motivated by the neglect of conceptual and normative theorizing of the international rule of law within contemporary international legal scholarship, Denise Wohlwend analyses the moral and legal principle of the rule of law in the international legal order.
Author : Ernst-Ulrich Petersmann
Publisher : Oxford University Press
Page : 369 pages
File Size : 14,11 MB
Release : 2022-03-24
Category : Law
ISBN : 0192672762
Transforming World Trade and Investment Law for Sustainable Development explains why the 2030 UN Sustainable Development Agenda for "Transforming our World"—aimed at realizing universal human rights and the17 agreed sustainable development goals (SDGs)—requires transforming the UN and WTO legal systems, as well as international investment law and adjudication. UN and WTO law protect regulatory competition between diverse neo-liberal, state-capitalist, European ordo-liberal, and developing countries' conceptions of multilevel trade and investment regulation. However, geopolitical rivalries and trade wars increasingly undermine transnational rule of law and effective regulation of market failures, governance, and constitutional failures. Protecting the WTO legal and dispute settlement system remains essential for SDGs such as climate change mitigation measures and access to medical supplies and vaccines in global health pandemics. Investment law and adjudication must better reconcile governmental duties to protect human rights and decarbonize economies with the property rights of foreign investors. The constitutional, human rights, and environmental litigation in Europe enhances the legal accountability of democratic governments for protecting sustainable development. However, European economic constitutionalism has been rejected by neoliberalism, China's authoritarian state-capitalism, and many developing countries' governments. The more that regional economic orders (like the China-led Belt and Road networks) reveal heterogeneity and power politics block UN and WTO reforms, the more the US-led neoliberal world order risks disintegrating. UN and WTO law must promote private-public network governance and civil society participation in order to stabilize and de-politicize multilevel governance that protects SDGs and global public goods.
Author :
Publisher : Broadview Press
Page : 450 pages
File Size : 11,90 MB
Release : 2018-11-30
Category : Philosophy
ISBN : 1460405641
Philosophers of the Warring States is an anthology of new translations of essential readings from the classic texts of early Chinese philosophy, informed by the latest scholarship. It includes the Analects of Confucius, Meng Zi (Mencius), Xun Zi, Mo Zi, Lao Zi (Dao De Jing), Zhuang Zi, and Han Fei Zi, as well as short chapters on the Da Xue and the Zhong Yong. Pedagogically organized, this book offers philosophically sophisticated annotations and commentaries as well as an extensive glossary explaining key philosophical concepts in detail. The translations aim to be true to the originals yet accessible, with the goal of opening up these rich and subtle philosophical texts to modern readers without prior training in Chinese thought.
Author : Anthony Carty
Publisher : Oxford University Press
Page : 547 pages
File Size : 16,63 MB
Release : 2018-02-09
Category : Law
ISBN : 0191649015
The history of ideas on rule of law for world order is a fascinating one, as revealed in this comparative study of both Eastern and Western traditions. This book discerns 'rule of law as justice' conceptions alternative to the positivist conceptions of the liberal internationalist rule of law today. The volume begins by revisiting early-modern European roots of rule of law for world order thinking. In doing so it looks to Northern Humanism and to natural law, in the sense of justice as morally and reasonably ordered self-discipline. Such a standard is not an instrument of external monitoring but of self-reflection and self-cultivation. It then considers whether comparable concepts exist in Chinese thought. Inspired by Confucius and even Laozi, the Chinese official and intellectual elite readily imagined that international law was governed by moral principles similar to their own. A series of case studies then reveals the dramatic change after the East-West encounters from the 1860s until after 1901, as Chinese disillusionment with the Hobbesian positivism of Western international law becomes ever more apparent. What, therefore, are the possibilities of traditional Chinese and European ethical thinking in the context of current world affairs? Considering the obstacles which stand in the way of this, both East and West, this book reaches the conclusion that everything is possible even in a world dominated by state bureaucracies and late capitalist postmodernism. The rational, ethical spirit is universal.
