Human Rights And Asian Values

Since the horrific Tiananmen Square massacre in 1989, the debate on human rights in China has raged on with increasing volume and shifting context, but little real progress. In this provocative book, one of our most learned scholars of China moves beyond the political shouting match, informing and contextualizing this debate from a Confucian and a historical perspective. "Asian Values" is a concept advanced by some authoritarian regimes to differentiate an Asian model of development, supposedly based on Confucianism, from a Western model identified with individualism, liberal democracy, and human rights. Highlighting the philosophical development of Confucianism as well as the Chinese historical experience with community organization, constitutionalism, education, and women's rights, Wm. Theodore de Bary argues that while the Confucian sense of personhood differs in some respects from Western libertarian concepts of the individual, it is not incompatible with human rights, but could, rather, enhance them. De Bary also demonstrates that Confucian communitarianism has historically resisted state domination, and that human rights in China could be furthered by a genuine Confucian communitarianism that incorporates elements of Western civil society. With clarity and elegance, Asian Values and Human Rights broadens our perspective on the Chinese human rights debate.

The Asian challenge to the universality of human rights has sparked off intense debate. This volume takes a clear stand for universal rights, both theoretically and empirically, by analysing social and political processes in a number of East and Southeast Asian countries. On the national arenas, Asian values are linked to the struggle between authoritarian and democratic forces, which both tend to convey stereotyped images of the 'west', but with reversed meanings.

This book offers a critical reassessment of the 'Asian values' debate, which dominated the human rights discourse in the late 1990s, and a reappraisal of the human rights situation in Asia since then. The chapters in this book contextualize the debate and examine in what ways the issues raised then continue to trouble Asian societies.

The Asian Values Discourse

This book identifies the more persuasive contributions by East Asian intellectuals to the international human rights debate.

Human Rights in Asia considers how human rights are viewed and implemented in Asia. It covers not just civil and political rights, but also social, economic and cultural rights. This study discusses the problems arising from the fact that ideas of human rights have evolved in Western liberal democracies and examines how far such values are compatible with Asian values and applicable in Asian contexts. Core chapters on France and the USA provide a benchmark on how human rights have emerged and how they are applied and implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia plus India, each of which follows a common template to consider the context of the legal system in each country, black letter law, legal discussions and debates and key current issues concerning human rights in each jurisdiction.