Political Confucianism and Human Rights
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This article examines the theory of human rights developed by Tongdong Bai in his Confucian-inspired political philosophy. Partly influenced by Rawls’s “political liberalism,” Bai seeks to offer a “political conception” of Confucianism. However, Bai’s methodological approach also deviates from Rawls’s approach in certain key respects, and this has significant implications for his theory of human rights. The article begins with a comparison of Rawls’s and Bai’s methodological approaches. It then discusses how these competing methodologies are used by each philosopher to develop a theory of human rights and international relations. Finally, the article seeks to adjudicate these competing accounts of human rights. Notably, Bai does not follow Rawls in offering a “political conception” of human rights, one which recognizes the role of human rights in mediating international relations between states. While Rawls’s political conception of human rights has been the subject of criticism, it is shown that even a revised version of this theory presents challenges for Bai’s account. The article concludes by offering suggestions about how Bai’s theory of human rights should be revised in order to adhere to his methodological approach. The issues raised in this article present a challenge not only for Bai, but for any attempt to develop a Confucian theory of human rights.
Abstract
This article examines the theory of human rights developed by Tongdong Bai in his Confucian-inspired political philosophy. Partly influenced by Rawls’s “political liberalism,” Bai seeks to offer a “political conception” of Confucianism. However, Bai’s methodological approach also deviates from Rawls’s approach in certain key respects, and this has significant implications for his theory of human rights. The article begins with a comparison of Rawls’s and Bai’s methodological approaches. It then discusses how these competing methodologies are used by each philosopher to develop a theory of human rights and international relations. Finally, the article seeks to adjudicate these competing accounts of human rights. Notably, Bai does not follow Rawls in offering a “political conception” of human rights, one which recognizes the role of human rights in mediating international relations between states. While Rawls’s political conception of human rights has been the subject of criticism, it is shown that even a revised version of this theory presents challenges for Bai’s account. The article concludes by offering suggestions about how Bai’s theory of human rights should be revised in order to adhere to his methodological approach. The issues raised in this article present a challenge not only for Bai, but for any attempt to develop a Confucian theory of human rights.
참고문헌 (9)
- Bai, Tongdong, "Against Political Equality: The Confucian Case" (2020), Princeton University Press
- Beitz, Charles R., "The Idea of Human Rights" (2009), Oxford University Press
- Griffin, James, "On Human Rights" (2008), Oxford University Press
- Nickel, James W., "Rawls’s Law of Peoples: A Realistic Utopia?", pp.263~277 (2006), Wiley-Blackwell
- "African Charter on Human and Peoples’ Rights" (1981)[URL]
- Rawls, John, "Political Liberalism" (1993), Columbia University Press
- Rawls, John, "The Law of Peoples" (1999), Harvard University Press
- Raz, Joseph, "The Philosophy of International Law", pp.321~338 (2010), Oxford University Press
- "Universal Declaration of Human Rights" (1948)[URL]