In Law's Empire, Ronald Dworkin advances two incompatible versions of law as integrity. On the strong thesis, political integrity understood as coherence in fundamental moral principles constitutes an overriding constraint on justice, fairness and due process. On the weak thesis, political integrity, while a value, is not to be privileged over justice, fairness, and due process, but to be weighed along with them. I argue that the weak thesis is superior on both of Dworkin's criteria: fit and justifiability. However, the (...) weak thesis must be amended to allow for coherence in policies as well as in principles: the social consequences of legal decisions must be taken into account. (shrink)
The PRC has often criticized Western human rights policies based in part on the claim that liberal democracy and human rights are nothing more than the culturally contingent by-product of Enlightenment Europe incompatible with China's cultural and political traditions and out of step with contemporary circumstances in the PRC. Recently, Richard Rorty has offered a pragmatic alternative to liberal democracy and human rights founded on the universal claims and metaphysical assumptions of the Enlightenment. At the same time, Rorty remains unabashedly (...) ethnocentric, asserting the superiority of ironic liberalism and "our" culture of rights. Whether his liberalism and rights culture stripped of its foundational and universal baggage will prove any more congenial to the development of liberal democracy and individual rights in China than its Enlightenment parent is examined here. (shrink)
In this paper I challenge the traditional reading of Daoism as naturalism and the interpretation of wu wei as “acting naturally.” I argue that such an interpretation is problematic and unhelpful to the would-be Daoist environmental ethicist. I then lay the groundwork for a philosophically viable environmental ethic by elucidating the pragmatic aspects of Daoist thought. While Daoism so interpreted is no panacea for all of our environmental ills, it does provide a methodology that may prove effective in alleviating some (...) of our discomfort. (shrink)
In this paper I challenge the traditional reading of Daoism as naturalism and the interpretation of wu wei as “acting naturally.” I argue that such an interpretation is problematic and unhelpful to the would-be Daoist environmental ethicist. I then lay the groundwork for a philosophically viable environmental ethic by elucidating the pragmatic aspects of Daoist thought. While Daoism so interpreted is no panacea for all of our environmental ills, it does provide a methodology that may prove effective in alleviating some (...) of our discomfort. (shrink)
Scholars of early Chinese philosophy frequently point to the nontranscendent, organismic conception of the cosmos in early China as the source of China's unique perspective and distinctive values. One would expect recent works in Confucian ethics to capitalize on this idea. Reviewing recent works in Confucian ethics by P. J. Ivanhoe, David Nivison, R. P. Peerenboom, Henry Rosemont, and Tu Wei-Ming, the author analyzes these new studies in terms of the extent to which their representation of Confucian ethics reflects (...) and is consistent with the view that in early China the cosmos was conceived to be organismic, nontranscendent, and nondualistic. (shrink)
