Asian Values, Confucian Tradition and Human Rights
Nigel N. T. Li ()
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Nigel N. T. Li: Soochow University
Chapter Chapter 3 in Taiwan and International Human Rights, 2019, pp 33-50 from Springer
Abstract:
Abstract The Republic that exists and operates now in Taiwan was originally founded in China in 1911. The Constitution which was promulgated in 1947, during the civil war in China, was a first for a nation of Confucian heritage without any recognized tradition of constitutionalism. This chapter reviews the obstacles that stood in the way of the value system of constitutionalism when it was first transplanted to the barren soil of Taiwan, including at various times cultural inertia, political resistance and hostility to the rule of a constitution. The chapter also examines how the non-native system gradually evolved and took root in a land dominated by Asian values, where the government or the ruler had customarily been pronounced as the people’s parent, and the fundamental notions of the rule of law, human rights, independent judiciary, separation of powers, equality, and the constitution itself, were all considered novel, foreign concepts.
Keywords: Absolute-power relationship; Asian values; Confucianism; Heavenly mandate; Rule of law; Rule of li (search for similar items in EconPapers)
Date: 2019
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Persistent link: https://EconPapers.repec.org/RePEc:spr:eclchp:978-981-13-0350-0_3
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DOI: 10.1007/978-981-13-0350-0_3
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