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Morality and Responsibility of Rulers - European and Chinese Origins of a Rule of Law as Justice for World Order (Hardcover)
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Morality and Responsibility of Rulers - European and Chinese Origins of a Rule of Law as Justice for World Order (Hardcover)
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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.
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