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23 results

Page 1 of 2

  • 9 - Personal Dignity under Chinese

  • Edited by Jimmy Chia-Shin Hsu, Academia Sinica, Taipei, Taiwan
  • Book:
    Human Dignity in Asia
    Published online:
    26 July 2022
    Print publication:
    15 September 2022, pp 220-242

  • Summary

    As a response to the totalitarian monstrosities of the dehumanization of hundreds of millions of people in the Cultural Revolution, human dignity was enshrined in the Chinese Constitution, not only as a foundational right but also as a basic principle. The basic rights that are necessary to implement this basic principle were all enshrined in the Constitution. China has made notable progress in protecting the nonpolitical dignity of Chinese citizens by means of civil, criminal, and administrative law. However, constitutional principles and rights in China are not justiciable, which together with other factors, such as the nonexistence of a robust tribunal of public opinion, has led to the fact that the political dignity of Chinese citizens – something that is essential to their independence and autonomy — however remains unprotected in practice. There is still a long way to go for China to transform the constitutional dream of inviolable human dignity into a reality.

  • 7 - The People’s ‘Greatest Misfortune’ and ‘All the Chance the People Have’

  • from Part I - Democracy
  • Edited by Philip Schofield, University College London, Xiaobo Zhai, Universidade de Macau
  • Book:
    Bentham on Democracy, Courts, and Codification
    Published online:
    25 August 2022
    Print publication:
    01 September 2022, pp 157-192

  • Summary

    A bill of rights and the separation of powers have widely been accepted as two basic safeguards of constitutional liberty.1 Bentham, however, denounces both notions as nonsense. His criticism of the discourse of entrenched and inalienable rights is well-known and has been fully discussed.2 In contrast, his discussion of the principle of the separation of powers has not been as fully treated as it deserves. The conventional view is that Bentham in his constitutional design rejects the separation of powers and advocates instead the principle of the dependence of the governors on the governed and a supreme, omni-competent, and unicameral legislature.3 However, this view of Bentham’s position is imprecise and incomplete for at least two reasons. First, the phrase ‘the separation of powers’ was ambiguous. Bentham accepts the separation of powers in some forms and rejects it in others. Second, Bentham’s rejection of the separation of powers in certain forms is conditional, not outright: he admits that it might be useful and necessary in real politics.4

Bentham on Democracy, Courts, and Codification
  • Edited by Philip Schofield, Xiaobo Zhai
  • Published online:
    25 August 2022
    Print publication:
    01 September 2022
  • Drawing upon original manuscripts and The Collected Works of Jeremy Bentham, this collection represents the latest scholarship on Bentham's late and mature thought on constitutional law. The contributions cover a diverse range of major topics, from official aptitude or competency to the interests of women, and explore Bentham's writings on courts, codification, and cosmopolitanism. Together, its chapters challenge the received notion, based on early jurisprudential writings, that Bentham's constitutional thought is authoritarian, and show that Bentham, as a constitutional theorist, offers a distinctive liberal perspective. Freeing Bentham's theories from their long sentences and unfamiliar terminology, these essays make accessible Bentham's subtle and important ideas on liberal democracy. By shining a light on Bentham's mature thought, this volume offers a refreshingly comprehensive, detailed, and authentic account of Bentham's theory of democracy.

Bentham's Theory of Law and Public Opinion
  • Edited by Xiaobo Zhai, Michael Quinn
  • Published online:
    05 August 2014
    Print publication:
    21 April 2014
  • This collection represents the latest research from leading scholars whose work has helped to frame our understanding of Bentham since the publication of H. L. A. Hart's Essays on Bentham. The authors explore fundamental areas of Bentham's thought, including the relationship between the rule of law and public opinion; law and popular prejudices or manipulated tastes; Bentham's methodology versus Hart's; sovereignty and codification; and the language of natural rights. Drawing on original manuscripts and volumes in The Collected Works of Jeremy Bentham, the chapters combine philosophical and historical approaches and offer new and more faithful interpretations of Bentham's legal philosophy and its development. As a coherent whole, the book challenges the dominant understandings of Bentham among legal philosophers and rescues him from some famous mischaracterizations.

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