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A Confucian Constitutional Order: How China's Ancient Past Can Shape Its Political Future

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What a Confucian constitutional government might look like in China's political future

As China continues to transform itself, many assume that the nation will eventually move beyond communism and adopt a Western-style democracy. But could China develop a unique form of government based on its own distinct traditions? Jiang Qing--China's most original, provocative, and controversial Confucian political thinker--says yes. In this book, he sets out a vision for a Confucian constitutional order that offers a compelling alternative to both the status quo in China and to a Western-style liberal democracy. A Confucian Constitutional Order is the most detailed and systematic work on Confucian constitutionalism to date.

Jiang argues against the democratic view that the consent of the people is the main source of political legitimacy. Instead, he presents a comprehensive way to achieve humane authority based on three sources of political legitimacy, and he derives and defends a proposal for a tricameral legislature that would best represent the Confucian political ideal. He also puts forward proposals for an institution that would curb the power of parliamentarians and for a symbolic monarch who would embody the historical and transgenerational identity of the state. In the latter section of the book, four leading liberal and socialist Chinese critics--Joseph Chan, Chenyang Li, Wang Shaoguang, and Bai Tongdong--critically evaluate Jiang's theories and Jiang gives detailed responses to their views.

A Confucian Constitutional Order provides a new standard for evaluating political progress in China and enriches the dialogue of possibilities available to this rapidly evolving nation. This book will fascinate students and scholars of Chinese politics, and is essential reading for anyone concerned about China's political future.

272 pages, Hardcover

First published January 1, 2012

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712 reviews120 followers
October 29, 2019
If you are interested in learning about alternatives to the Western consensus, it is hard to pass up a book with a title like "Confucian Constitutionalism". This is written by a Chinese academic and targeted at a Chinese audience, only ever intended to be implemented within China. So for most of us, reading this is the very definition of an academic exercise. But I thought it would offer an insight into an alternative world view. While there are some interesting thoughts sprinkled throughout this brief volume, I'm not sure any Western reader is going to find it especially compelling.

This book is three short inter-related essays, each 15-25 pages long. Followed by responses from 4 critics and then a reply to the critics from the author. I love the idea of this format and wish more non-fiction books took it.

Even though the book is brief -- well under 200 pages -- it starts out with a Introduction by its editor, Daniel A. Bell, that is essentially a Cliff Notes version of the book. Honestly, if you just want the gist of the whole book, read the Introduction and skip everything else. You'll get the core of the Qing's argument and his critics's responses. It is a curious Introduction but after reading it I felt...why should I bother reading the next 150+ pages? It felt like it undermined the rest of the book.

At the heart fo the Way of the Humane Authority lies the question of three forms of political legitimacy. Legitimacy is the deciding factor in determining whether a ruler has the right to rule. The Gongyang Commentary to the Spring and Autumn Annals says that to rule one must "share in the realms of heaven, earth, and human beings"


(This quote also highlights that the form of argument is usually an appeal to authority from 2,000 years ago.)

What Qing means by these three realms is a parliament with 3 branches:

1. "Heaven": a transcendent, sacred legitimacy.

2. "Earth": is the legitimacy that comes from history and culture.

3. "Human": is the legitimacy that comes from the will of the people.

I think that Qing makes good points that democracy makes a mistake by making the voters the sole source of political legitimacy. In particular, democracies seem to struggle to not simply always prioritize short-term, selfish interests of the voters.


It makes a secularized will its only center. But since a secularized popular will is deeply rooted in wordly desires, democractic politics amounts to a politics of desire.

[...]

Since Western rationality does not allow for several kinds of legitimacy to exist together, there has been a tendency for the will of the people to be accorded unique status. As a result, in politics there is no greater morality or high ideals. All that is left are bare desires and interests.


Qing argues that his parliament with three branches and three source of legitimacy provides an equilibrium that counteracts this. The three branches are:

1. A traditional, democractically elected house of parliament ("human" legitimacy).
2. A house of parliament consisting of the heriditary monarch and other members personally selected by him. This group ("earth" legitimacy) is supposed to provide historical and cultural legitimacy, so the monarch should select from "descendants of great sages of the past, descendants of the rulers, descendants of famous people, of patriots, university professors of Chinese history, retired top officials, judges, and diplomats, worthy people from society, as well as representatives of Daoism, Buddhism, Islam, Tibetan Buddhism, and Christianity."
3. A house of Confucian scholars ("heaven" legitimacy) is supposed to provide sacred legitimacy and ensure the state is following "ecological" and "moral" values. They have a veto over the other two houses if they pass laws that aren't "ecological" or "sacred" or "moral".

While Qing has some interesting ideas in here -- especially his views of alternate sources of legitimacy -- he doesn't really develop obvious objections. What if the next-in-line for the throne is an incompetent idiot? What if he just appoints his mates? What if the Confucian scholars are just plain wrong about what is "moral" or "ecological"? Are Confucian scholars really what is needed to guide a complex modern economy? Not economists or mathematicians or engineers?

Qing makes clear that his goal is to create a fusion that most readers will find hard to have much sympathy with:


The Way of the Humane authority hence has brought together the values of monarchy and theocractic rule from ancient times, the democracy of the modern era, and contemporary ecology.
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