The Philosophy Of Civil Rights In The Context Of China

Based on the author’s comprehensive knowledge of Chinese and Western legal philosophy, this book guides readers to an understanding of traditional Chinese legal thinking as well as the impact of Western rights theories on China’s contemporary politics and legal development.

This book studies ideological divisions within Chinese legal academia and their relationship to arguments about the rule of law. The book describes argumentative strategies used by Chinese legal scholars to legitimize and subvert China's state-sanctioned ideology. It also examines Chinese efforts to invent new, alternative rule of law conceptions. In addition to this descriptive project, the book advances a more general argument about the rule of law phenomenon, insisting that many arguments about the rule of law are better understood in terms of their intended and actual effects rather than as analytic propositions or descriptive statements. To illustrate this argument, the book demonstrates that various paradoxical, contradictory and otherwise implausible arguments about the rule of law play an important role in Chinese debates about the rule of law. Paradoxical statements about the rule of law, in particular, can be useful for an ideological project.

How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that – contributing to a global trend – it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China’s human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.

The Asia-Pacific region is known for having one of the least developed institutional mechanisms for protecting human rights. This edited collection makes a timely and distinctive contribution to contemporary debates about strengthening the institutional protection of human rights in the Asia-Pacific region, in the wake of ASEAN’s announcement in 2009 of an ASEAN regional human rights mechanism. Drawing together leading scholarly voices including Surya Deva, V.T. Thamilmaran, Tom Zwart and Catherine Renshaw, the book focuses on the systemic issue of institutionalizing human rights protection in the Asia-Pacific. It critically examines the prospects for deepening and widening the institutionalization of human rights monitoring in the region, challenging the orthodox scepticism about whether Asia is "ready" for stronger institutions. The volume analyses the impediments to institutions, whilst questioning the need for them.

China's vast population contains a large number of disadvantaged or minority groups. Published in association with Social Science Academic Press (China), this unique book outlines what legal protection each minority group receives under Chinese law, together with a helpful comparative study on Chinese national and regional laws. Ground-breaking and detailed, it offers a comprehensive analysis of the various disparate aspects of minority rights protection in China, such as current anti-discrimination policy, the implementation of international standards for minority protection, and domestic legal protection for non-Chinese and ethnic minority groups. Written by leading Chinese scholars Li Lin and Li Xixia from The Institute of Law of the Chinese Academy of Social Sciences (CASS), & Lidija R. Basta Fleiner from The Institute of Federalism of the University of Fribourg, Switzerland.

Drawing on a wide range of primary historical and sociological sources and employing sharp philosophical analysis, this book investigates medical ethics from a Chinese-Western comparative perspective. In doing so, it offers a fascinating exploration of both cultural differences and commonalities exhibited by China and the West in medicine and medical ethics. The book carefully examines a number of key bioethical issues in the Chinese socio-cultural context including: attitudes toward foetuses; disclosure of information by medical professionals; informed consent; professional medical ethics; health promotion; feminist bioethics; and human rights. It not only provides insights into Chinese perspectives, but also sheds light on the appropriate methods for comparative cultural and ethical studies. Through his pioneering study, Jing-Bao Nie has put forward a theory of "trans-cultural bioethics," an ethical paradigm which upholds the primacy of morality whilst resisting cultural stereotypes, and appreciating the internal plurality, richness, dynamism and openness of medical ethics in any culture. Medical Ethics in China will be of particular interest to students and academics in the fields of Medical Law, Bioethics, Medical Ethics, Cross-Cultural Ethics as well as Chinese/Asian Studies and Comparative Cross-Cultural Studies.

This book examines the new equity-enhancing politics in China in the context of Chinese traditional cognitive patterns of political legitimacy and its implication for Chinese political development in the near future. Based on an analysis of the new governing philosophy, the generation of political elite, and a new set of public policies, the book reaffirms the emergence of a new Chinese polity that infuses one-party rule with limited electoral and deliberative democracies. Unlike many scholars who perceive the contemporary Chinese history as a constant search for democracy, this book takes a very different approach. It asserts that the enduring question in political development in China today is no different from what was sought after throughout Chinese history, namely, the constant search for political legitimacy. Even though the quest for democracy is instrumental to that end, it may not ultimately lead to the embrace of a full-fledged liberal democracy. The new politics is not only a rationalization of the efficiency-based development, but also a major paradigm shift in China's developmental strategy.

A conceptual-based analysis of China's legal and justice systems, and their social and political impact in the twenty-first century.