Overview

"Ongoing debates among political theorists revolve around the question of whether the overarching goal of Confucianism--serving the people's moral and material wellbeing--is attainable in modern day politics without broad democratic participation. One side of the debate, voiced by Confucian meritocrats, argues that only certain people are equipped with the moral character needed to lead and ensure broad public wellbeing. The other side, voiced by Confucian democrats, argues that unless all citizens participate equally in the public sphere, a polity cannot attain the moral growth that Confucianism emphasizes. Written by one of the leading voices of Confucian political theory, Confucian Constitutionalism presents a constitutional theory of democratic self-government that is normatively appealing and politically practicable in East Asia's historically Confucian societies, which are increasingly pluralist, multicultural, and rights sensitive. While Confucian political theorists are preoccupied with how to build a Confucianism-inspired institution that would make a given polity more meritorious, Sungmoon Kim offers a robust normative theory of Confucian constitutionalism--what he calls ""Confucian democratic constitutionalism""--with special attention to value pluralism and moral disagreement.Building on his previous theory of Confucian democracy, Kim establishes egalitarian human dignity as the underlying moral value of Confucian democratic constitutionalism and derives two foundational rights from Confucian egalitarian dignity--the equal right to political participation and the equal right to constitutional protection of civil and political rights. He then shows how each of these rights justifies the establishment of the legislature and the judiciary respectively as two independent constitutional institutions equally committed to the protection and promotion of the people's moral and material wellbeing, now reformulated in terms of rights. Aiming to contribute to both political theory and comparative law, Confucian Constitutionalism explains how Confucian democratic constitutionalism differs from and improves upon liberal legal constitutionalism, political constitutionalism, and Confucian meritocratic constitutionalism."

Full Product Details

9780197630617

Table of Contents

Reviews

In this learned and rigorous volume, Kim accomplishes the seemingly impossible: reviving elements of Confucian thought for the twenty-first century without reifying hierarchy and authoritarianism. A wonderful contribution that reminds us of the vitality of the tradition and its relevance for today's complex and plural societies. * Tom Ginsburg, Leo Spitz Distinguished Service Professor of International Law and Professor of Political Science, University of Chicago Law School * The twenty-first century may yet prove to be the Chinese Century. To understand that future, all of us will need to come to terms with a cultural tradition that stretches back over thousands of years. Sungmoon Kim has long assumed his rightful place among the leading scholars of both classical and contemporary Confucian law and politics, and this timely book crowns his already impressive achievements. * Eric Heinze, Professor of Law and Humanities, Queen Mary University of London * Comprehensively and persuasively argued, Kim offers a case for a Confucian democratic constitutionalism in East Asian countries, one rooted in both the ethics and the institutional strains of Confucian thought, and grounded in the combination of rights and popular sovereignty that defines democracy. The approach stands out for its attentiveness to the circumstances of politics—the facts of pluralism and the realities of political conflict. A must-read for those interested in the future of democracy in East Asia. * Mark E. Warren, Harold and Dorrie Merilees Chair in the Study of Democracy, University of British Columbia *

In this learned and rigorous volume, Kim accomplishes the seemingly impossible: reviving elements of Confucian thought for the twenty-first century without reifying hierarchy and authoritarianism. A wonderful contribution that reminds us of the vitality of the tradition and its relevance for today's complex and plural societies. * Tom Ginsburg, Leo Spitz Distinguished Service Professor of International Law and Professor of Political Science, University of Chicago Law School * The twenty-first century may yet prove to be the Chinese Century. To understand that future, all of us will need to come to terms with a cultural tradition that stretches back over thousands of years. Sungmoon Kim has long assumed his rightful place among the leading scholars of both classical and contemporary Confucian law and politics, and this timely book crowns his already impressive achievements. * Eric Heinze, Professor of Law and Humanities, Queen Mary University of London * Comprehensively and persuasively argued, Kim offers a case for a Confucian democratic constitutionalism in East Asian countries, one rooted in both the ethics and the institutional strains of Confucian thought, and grounded in the combination of rights and popular sovereignty that defines democracy. The approach stands out for its attentiveness to the circumstances of politics-the facts of pluralism and the realities of political conflict. A must-read for those interested in the future of democracy in East Asia. * Mark E. Warren, Harold and Dorrie Merilees Chair in the Study of Democracy, University of British Columbia *

Author Information

Sungmoon Kim is Professor of Political Theory at the City University of Hong Kong where he also serves as Associate Dean of the College of Liberal Arts and Social Sciences and Director of the Center for East Asian and Comparative Philosophy. He is the author of five books, including Democracy after Virtue: Toward Pragmatic Confucian Democracy.

Tab Content 6

Customer Reviews

Recent Reviews

Countries Available