History, Culture, Revolution, and Chinese Constitutionalism

Author(s):  
Zhao Xiaoli

In this chapter, the author offers a commentary on Su Li's account of the constitution of ancient China. He discusses the importance of Su Li's research by citing the Preamble to the 1982 Constitution, which implies that the Chinese people have a “glorious revolutionary tradition”; the revolutions since the 1840s are the continuation of this tradition. He notes that the Common Program of 1949 as well as the 1954, 1975, 1978, and 1982 Constitutions all start with historical narrative. The author also addresses the issue of time in Constitutions, and describes the Chinese constitution as a historical entity with the three phases of past, present, and future. Finally, he examines the three constitutional issues that Su Li claimed were facing ancient China and which correspond to the three phrases of the Great Learning: to run one's household, govern the state, and bring peace to the world under heaven.

Author(s):  
Gehan Gunatilleke

Abstract The freedom of expression is vital to our ability to convey opinions, convictions, and beliefs, and to meaningfully participate in democracy. The state may, however, ‘limit’ the freedom of expression on certain grounds, such as national security, public order, public health, and public morals. Examples from around the world show that the freedom of individuals to express their opinions, convictions, and beliefs is often imperilled when states are not required to meet a substantial justificatory burden when limiting such freedom. This article critiques one of the common justificatory approaches employed in a number of jurisdictions to frame the state’s burden to justify limitations on the freedom of expression—the proportionality test. It presents a case for an alternative approach that builds on the merits and addresses some of the weaknesses of a typical proportionality test. This alternative may be called a ‘duty-based’ justificatory approach because it requires the state to demonstrate—through the presentation of publicly justifiable reasons—that the individual concerned owes others a duty of justice to refrain from the expressive conduct in question. The article explains how this approach is more normatively compelling than a typical proportionality test. It also illustrates how such an approach can better constrain the state’s ability to advance majoritarian interests or offload its positive obligations by limiting the freedom of expression of minorities and dissenting voices.


EDIS ◽  
2021 ◽  
Vol 2021 (5) ◽  
Author(s):  
Analisa Duran ◽  
Ruth Francis-Floyd ◽  
Maia Patterson Mcguire ◽  
Iskande Larkin

Florida’s coastline provides critical habitat for sea turtle nesting, as it has for millions of years. Throughout the state, three of the seven species of sea turtles in the world have significant nesting populations. Loggerhead, green, and leatherback sea turtles use Florida’s beaches to lay nests each year. This publication provides information on the identification, nesting characteristics, and abundance of each of the common sea turtle species who nest in Florida.


2019 ◽  
Vol 45 (4) ◽  
pp. 461-468
Author(s):  
Pei Wang

The diversification of the world has given us the opportunity to live with different people. This kind of diversification brings not only adventure and excitements but also interaction with people and their habits that we do not agree with. In response, toleration has become the common sense of people in modern society. However, what is the meaning of the word toleration? What moral emotions underlie the practice of toleration? This article puts forward a morally defensible concept of toleration inspired by ancient Chinese thinking. I first discuss the etymology of the word toleration from Anglophone and Chinese perspectives, and then analyse three problematical emotional attitudes towards others (disgust, indifference and hunting for novelty) and critique the spirit of exclusion in the dominant Anglophone understanding of toleration. Finally, I analyse a morally defensible concept of toleration based on the ‘the dao of zhong and shu’ (忠恕之道) that also served as the ideal underpinning political unity and appreciation for cultural diversity in ancient China.


1994 ◽  
Vol 53 (4) ◽  
pp. 1092-1126 ◽  
Author(s):  
Nicola Di Cosmo

Such non-chinese people as the rong, di, and hu are often portrayed in the traditional historiography of ancient China as greedy, aggressive, and acquisitive (Sinor 1978; Honey 1990). Chinese writings of the Zhou dynasty (c. 1050–256 b.c.) contain many instances of unflattering statements aimed at foreign peoples: the Zuo zhuan compares the Rong and Di to wolves (ZZ, 1:209); the Zhan guo ce says the state of Qin shares the same attributes as the Rong and Di—the heart of a tiger or wolf, greed, and cruelty (ZGC, 11:869; cf. Crump 1970:436). Foreign peoples were often considered “have-nots” with an insatiable lust for Chinese goods, mainly silk, grains, and, later, tea. This stereotype, which developed in the historical sources along with the process of crystallization of the Chinese ethnocultural identity and codification of the written and oral traditions, was regarded as sufficient to account for otherwise complex social and political phenomena. In the course of time, with the historical development of powerful nomadic states confronting China militarily and politically, the attributes of “greedy” and “ravenous” stuck essentially to those people who “moved in search of grass and water”: the pastoral nomads.


1977 ◽  
Vol 3 (1) ◽  
pp. 55-69
Author(s):  
Hugh Corbet

When it became Britain's turn on 1 January 1977 to fill the presidency of the European Community for six months, it should have been the moment she had been waiting for, so long had been the struggle to join the Common Market in the first place. Much depended on how Britain filled the role. How much might be implicit at the end of this discussion of the state of the world economy as it approaches the 1980s. The world economy is in a serious malaise, but the malaise in the European Community has been of longer duration.


2018 ◽  
Vol 52 ◽  
pp. 00032
Author(s):  
Muldri Pudamo James Pasaribu ◽  
Ningrum Natasya Sirait

The new paradigm in legal pluralism is closely related to the phenomenon of globalization. Laws of various levels move into limitless territories. There is a strong contact and adoption between international, transnational, national and local laws. Such circumstances make it impossible for mapping that a certain law (international, national, local) is separated from other law systems. This is a normative legal research with a comparative law approach. Law as a global phenomenon has the common values throughout the world, namely ethical moral values, social values and formal values of the state. The same values apply to the consumer protection law in Indonesia. Law Number 8 of 1999 on Consumer Protection (UUPK) in Indonesia was developed on the basis of legal pluralism. The data were analyzed using a Triangular Concept of Legal Pluralism developed by Werner Menski. In conclusion, UUPK is a form of legal pluralism. It is enacted based on the community needs, legitimized by the state and based on values and ethics.


2021 ◽  
pp. 163-184
Author(s):  
Viktor Vizgin

The article is devoted to the analysis of relations between the poetry and philosophy. The author based his argumentation on the brilliant Vladimir Veidle`s essay «The Embryology of Poetry», on the one hand, and the Paul Ricoeur`s article «Entre Gabriel Marcel et Jean Wahl», on the other hand. According to Veidle`s conception an embryo of poetry is a union of the onomatopoeie and the oximoron. The author of this article concludes that oximoron in the large sense occurs in the philosophical thinking but in the case of the onomatopoeie in is not possible. The common source of poetry and philosophy, according to Aristotle in his «Metaphysics», is an astonishment in front of the mystery of the world. The author argues the thesis that Platonism makes concordance between poetry and philosophy inevitable in spite of the furious attacks against the poets and poetry in the Plato`s dialogue «On the State».


2017 ◽  
Vol 1 (1) ◽  
pp. 102
Author(s):  
Linlin Fan

China’s splendid achievements and fast development attract the attention of the whole world. The rising of the great power shock the rest countries. More and more people want to know what is happening in this country and what effect it will bring to the world. At the same time, Chinese people have gradually realized the importance of exchanging information with other countries. Under this motivation, the translation of Chinese materials into English becomes necessary and essential. It is an effective way to present China comprehensively. Among all these materials, Government Work Report is one of the most remarkable ones. The translation of it plays a key role to present the image of China to the world. But, compared with State of the Union address, the translation of Government Work Report contains some problems from the perspective of foreignization and domestication Theory. This essay will discuss the differences between these two texts at the lexical, syntactic, and discourse level from the angle of foreignization and domestication theory, and give some suggestions to the translation of Government Work Report.


Author(s):  
Jon Stewart

The first religion proper is that of ancient China. Hegel’s analysis, while mentioning Taoism and Confucianism, seems primarily to be concerned with the state religion that was introduced by the Zhou Dynasty, which ruled ancient China from 1045 BC to 256 BC. The Zhou defeated the Shang Dynasty and instituted a number of religious reforms. They introduced the idea of an impersonal deity named Tian, which represents a universal force of nature or the universe. In an effort to claim a special divine mandate for their dynasty, the Zhou conceived the emperor as having a unique relation to this deity, which had entrusted him with ruling the world. The emperor is thus regarded as the “Son of Heaven.” Chapter 3 explores Hegel’s critical analysis of this religion and his numerous sources of information about it, which for the most part come from Jesuit missionaries.


Author(s):  
Chaohua Wang

In recent years, Confucianism has been once again identified as the essence of Chinese civilization and a religion that was central to the Chinese people throughout China’s long history. Scholars are appealing to the Communist Party to make Confucianism the State religion (guojiao). What are the political implications of the phenomena? Can these claims stand to intellectual scrutiny? Conducting a brief historical survey of religious Confucianism in Chinese politics, in addition to an analysis of shared principles essential to various Confucianist positions today, this paper argues that religious Confucianism presented by its contemporary promoters is a constructed myth originated mainly from the Qing times (1644- 1911). The supposed Confucian teaching does not carry religious meaningfulness associated to either individual existence or social life in contemporary China. It remains powerful primarily in connection to the State, or a collective nation (Zhonghua), vis-à-vis the world outside ethnic Han communities. Despite this - or precisely because of this - a revived religious Confucianism may have the greatest potential to become a political force in China in our globalizing age, more so than any other major world religions, even if others may have larger Chinese following than Confucianism.


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