Joey Chan

This paper suggests that liberal democratic governments adopt a reconciliatory approach to conscientious disobedience. Central to this approach is the view – independent of whether conscientious disobedience is always morally justified – that conscientious disobedience is normatively distinct from other criminal acts with similar effects, and such distinction is worthy of acknowledgment by public apparatus and actors. The prerogative applies to both civil and uncivil instances of disobedience, as defined and explored in the paper. Governments and courts ought to take the normative distinction seriously and treat the conscientious disobedients in a more lenient way than they treat ordinary criminals. A comprehensive legislative scheme for governments to deal with prosecution, sentencing, and imprisonment of the conscientious disobedients will be proposed, with the normative and practical benefits of such an approach discussed in detail.

Jiwei Ci’s Democracy in China: The Coming Crisis presents an extraordinarily rich set of ideas regarding the important subject of the prospect of democracy in China. The book argues that it is in the interest of the Chinese Communist Party to immediately begin to prepare China for democracy, as that is the only way to save the party and China from imminent crises of legitimacy, governance, and stability. Drawing upon Tocqueville’s discussion of equality of conditions in America, Ci argues that as China has already more or less become a society of equality of conditions, it already has a democratic society, which will inevitably exert enormous pressures for political democratization, thereby creating serious legitimacy and stability crises for the regime. In my view, Ci overstates the relevance of Tocqueville’s America for China, and his claim that there is a democratic society in China is disputable. In grounding his case for democracy in China, Ci also appeals to a larger species of argument—the argument from social circumstances to political regime, of which Tocqueville’s argument is an example. This is the argument that once a kind of society has become entrenched and is no longer amenable to a political regime’s effort to remake it, it is the political regime that must make itself fit the state of society. I argue that this argument is also problematic.

Although it is widely believed that post-Mao China has fallen into a moral crisis, there are few scholarly analyses of its nature, causes, and consequences. Jiwei Ci's Moral China in the Age of Reform–1 fills this gap by giving an unusually penetrating and insightful account of this crisis. There is much in Ci's account that one can find thought-provoking and enlightening. Any good analysis of a crisis not only gives a good diagnosis but also sheds light on a possible solution. While the diagnosis of China's problem occupies a large part of the book, in a tentative yet careful manner Ci does suggest a way out. In my comment here, I focus on his suggestions as to how China can accomplish this.For Ci, China has been...

I would like to begin by thanking all the contributors to this symposium, especially Yvonne Chiu, who organized a book conference at the University of Hong Kong and edited this symposium. I am very grateful to the contributors for their thoughtful and challenging comments, from which I have learned a great deal. Within the limited space of this article, I regret that I am not able to address fully or adequately all the issues raised by the contributors. I thank Sungmoon Kim for raising challenging questions about some of the central claims in my book. One of these is that the early Confucian conception of political authority consists of two elements: An authority’s rationale is to protect and...

We may sum up the five roles which human beings might play in the existence of the polis in the following way: (1) Human nature plays the role of the inner principle of change which explains the type of human relation a polis takes (the polis as a type); (2) General patterns of human behaviours, together with patterns of societal conditions, play the role of material conditions which explain the variety of forms of polis; (3) Statesmen or politicians play the role of political craftsmen which explains the particular form of the natural type a polis actually takes; (4) Human effort plays the role of one of the external conditions which explains the occurrence of a polis; (5) Individual human persons or groups play the role of an artificer which is responsible for and wholly explains the type of the human relation a polis takes. What I have argued in this paper is, firstly, that (1) is compatible with (2), (3) and (4), but not with (5), and secondly, that Aristotle affirms (1), (2), (3) and (4), but denies (5). Aristotle's theory of the naturalness of the polis is, therefore, not the blundered doctrine its critics suppose it to be

Three claims are defended. (1) There is a conception of moral autonomy in Confucian ethics that to a degree can support toleration and freedom. However, (2) Confucian moral autonomy is different from personal autonomy, and the latter gives a stronger justification for civil and personal liberties than does the former. (3) The contemporary appeal of Confucianism would be strengthened by including personal autonomy, and this need not be seen as forsaking Confucian ethics but rather as an internal revision in response to new social circumstances. From this inclusion emerges a new theory of liberties that recognizes the value of personal autonomy and the importance of the ethical good that liberties instrumentally serve to promote