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On Confucian Political Philosophy and Its Theory of Justice
GUO Qiyong
Front Phil Chin. 2013, 8 (1): 53-75.
https://doi.org/10.3868/s030-002-013-0005-0
Traditional Confucian political culture (including its concepts, systems, practices and folk customs) has a legacy that deserves careful reconsideration today. Its theories, institutions, and practices address the source, legitimacy, division and balance, and restriction of political power. Confucian politics is a type of “moral politics” which sticks to what ought to be and what is justifiable, and holds that political power comes from Heaven, mandate of Heaven or Dao of Heaven, which implies that justification and standards rest with the people referring to scholars peasants, workers and merchants. This type of justification is rooted in the public space and the autonomous strength of the people, and it finds guidance in the involvement, supervision, and criticism of the class of scholar-bureaucrats (shi 士). In this article, Western political philosophy will be taken as a frame of reference for evaluating Confucian conception of justice as well as Confucian ideas of distribution, fairness of opportunity, caring kindness for “the least advantaged,” and institutional construction. It will argue that the leading characteristic of Confucian political theory is that of “substantive justice.”
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Traditional Confucian Constitutionalism: Current Explorations and Prospects
PENG Chengyi
Front Phil Chin. 2013, 8 (1): 76-98.
https://doi.org/10.3868/s030-002-013-0006-7
For a relatively long period of time, it has been widely thought that Confucianism and constitutionalism are incompatible, even antithetic. This view is a prominent feature of Chinese thought from the New Cultural Movement of the early 20th century to the “Asian Values” debates of recent decades. Even today, it still holds some currency among many intellectuals, both within and outside China. However, in recent years some intellectuals are breaking with this dominant view by exploring the constitutional resources within Confucianism and challenging previous conceptual frameworks. As we shall see, we can identify three main approaches to the issue of Confucian Constitutionalism in contemporary academia, namely, the institutional approach, the ritualistic approach, and the religious approach. This article will seek to review the respective contents of each approach to Confucian constitutionalism and discuss their main problems as well as examine the prospects of establishing a traditional Confucian/Chinese constitutionalism.
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