Morality And Responsibility Of Rulers

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.

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.

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.

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.

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.

Marcus Tullius Cicero (106 BC-43 BC) was a Roman statesman, lawyer, political theorist, philosopher, and Roman constitutionalist. He is widely considered one of Romeâ€(TM)s greatest orators and prose stylists. He is generally perceived to be one of the most versatile minds of ancient Rome. He introduced the Romans to the chief schools of Greek philosophy and created a Latin philosophical vocabulary, distinguishing himself as a linguist, translator, and philosopher. An impressive orator and successful lawyer, he probably thought his political career his most important achievement. Today, he is appreciated primarily for his humanism and philosophical and political writings. Although a great master of Latin rhetoric and composition, Cicero was not Roman in the traditional sense, and was quite self-conscious of this for his entire life. He was declared a “righteous pagan†by the early Catholic Church, and therefore many of his works were deemed worthy of preservation. Saint Augustine and others quoted liberally from his works On the Republic and On the Laws, and it is due to this that we are able to recreate much of the work from the surviving fragments.

China's economic transformation has brought with it much social dislocation, which in turn has led to much social protest. This book presents a comprehensive analysis of the large-scale mass incidents which have taken place in the last decade. The book analyses these incidents systematically, discussing their nature, causes and outcomes. It shows the wide range of protests – tax riots, land and labour disputes, disputes within companies, including private and foreign companies, environmental protests and ethnic clashes – and shows how the nature of protests has changed over time. The book argues that the protests have been prompted by the socioeconomic transformations of the last decade, which have dislocated many individuals and groups, whilst also giving society increased autonomy and social freedom, enabling many people to become more vocal and active in their confrontations with the state. It suggests that many protests are related to corruption, that is failures by officials to adhere to the high standards which should be expected from benevolent government; it demonstrates how the Chinese state, far from being rigid, bureaucratic and authoritarian, is often sensitive and flexible in its response to protest, frequently addressing grievances and learning from its own mistakes; and it shows how the multilevel responsibility structure of the Chinese regime has enabled the central government to absorb the shock waves of social protest and continue to enjoy legitimacy.