Morality and Responsibility of Rulers: European and Chinese Origins of a Rule of Law as Justice for World Order
Anthony Carty and Janne Nijman
Abstract
A comparative study of the history of ideas on rule of law. This book examines Eastern and Western traditions to reveal ‘rule of law as justice’ conceptions with differ from the positivist conceptions of the liberal internationalist rule of law today. From an examination of Northern Humanism and natural law it considers whether comparable concepts existed in Chinese thought of the same era. It focuses on the possibilities of traditional Chinese and European ethical thinking in the context of current world affairs, and examines the obstacles to integration of these concepts in modern day inte ... More
A comparative study of the history of ideas on rule of law. This book examines Eastern and Western traditions to reveal ‘rule of law as justice’ conceptions with differ from the positivist conceptions of the liberal internationalist rule of law today. From an examination of Northern Humanism and natural law it considers whether comparable concepts existed in Chinese thought of the same era. It focuses on the possibilities of traditional Chinese and European ethical thinking in the context of current world affairs, and examines the obstacles to integration of these concepts in modern day international law.
Keywords:
Rule of law,
International law,
jurisprudence,
China,
Ius commune,
Humanism,
Just war,
Natural law,
Confucianism
Bibliographic Information
| Print publication date: 2018 |
Print ISBN-13: 9780199670055 |
| Published to Oxford Scholarship Online: April 2018 |
DOI:10.1093/oso/9780199670055.001.0001 |
Authors
Affiliations are at time of print publication.
Anthony Carty, editor
Professor of Law at the Beijing Institute of Technology School of Law
Janne Nijman, editor
Professor of History and Theory of International Law at the University of Amsterdam, Senior Research Fellow of the Amsterdam Center for International Law, and Academic Director of the T.M.C. Asser Instituut in The Hague.
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