Due to the growing impact of China on world affairs how Chinese history has affected its current development in the field of human rights and law is generating great interest in the Western world. The result of a decade-long study of rights thinking in both China and the Western world, this book offers a comprehensive examination of the theories and practice of rights in the context of Chinese culture and social development. From the perspective of civil philosophy, the author discusses the problems of culture, morality, society and politics in modern China. The book also provides a unique contribution to an assessment of the impact of Western philosophical thought on contemporary Chinese rights and political thinking. This unique volume deals with both history and today, China and the West, in the field of rights thinking and practice.
Xia Yong, Ph.D. (1992) in law, Peking University, is Professor of Law at the Graduate School, Chinese Academy of Social Sciences. He is a leading scholar on Chinese legal theory and has published extensively on legal philosophy in China.
Table of contents
Introduction: My Decade of Thinking about Rights
Minben (people-as-root) and
minquan (civil rights)
2 Rights and Virtues: An Analysis of Chinese Rights
Discourse through a Case Study of Political Participation
3 Mme. H and Her Relationship with Messrs. D and S
4 Human Rights and Chinese Tradition
5 The Development of Rights and China’s Social Progress
6 Theoretical Model of the Growth of Rights in Public Law
7 The Birth of Villagers’ Rights in Public Law in China
8 Torture and Utilitarianism
9 The Fundamental Issues of Rights Philosophy
Selected Bibliography; Index of contents: I. Important Concepts; II. Important Theories ; III. Important Events and Documents in History; Index of main authors.
All those interested in Chinese legal system, human rights, Chinese legal history, Chinese philosophy,