An alternative view

Journal of Democracy

Volumn 8, Issue 2, 1997, Pages

  Chan, Joseph ^a  

^a UNIVERSITY OF HONG KONG   (Hong Kong)

Author keywords

[No Author keywords available]

Indexed keywords

EID: 18744427558     PISSN: 10455736     EISSN: None     Source Type: Journal    
DOI: 10.1353/jod.1997.0018     Document Type: Article

References (29)

1. Bilahari Kausikan, "Asia's Different Standard," Foreign Policy 92 (Fall 1993): 24-41.
2. For a more detailed analysis of this problem, see Joseph Chan, "The Asian Challenge to Universal Human Rights: A Philosophical Appraisal," in James T.H. Tang, ed., Human Rights and International Relations in the Asia-Pacific Region (London: Pinter, 1995), 25-38.
3. See Liu Huaqiu (the Chinese delegate to the conference), "Proposals for Human Rights Protection and Promotion" (speech made at the UN World Conference on Human Rights, Vienna, 14-25 June 1993), Beijing Review, 28 June-4 July 1993, 9.
4. Here I follow Joseph Raz's interest theory of rights. See his The Morality of Freedom (Oxford: Clarendon Press, 1986), 166.
5. See T.M. Scanlon, "Freedom of Expression and Categories of Expression," University of Pittsburgh Law Review 40 (1979): 521-28; and Raz, The Morality of Freedom, 179.
6. See T.M. Scanlon, "Freedom of Expression and Categories of Expression," University of Pittsburgh Law Review 40 (1979): 521-28; and Raz, The Morality of Freedom, 179.
7. For a good discussion of this point, see Jeremy Waldron, Nonsense upon Stilts (London: Methuen, 1987), 177-83.
8. They have mentioned only in passing that general human rights need to be interpreted in particular circumstances. For example, Michael Freeman writes: "Both the meaning of human rights principles and the balancing of conflicting rights and values must be context-dependent. Yet there is reason to believe that this valid theoretical principle is being used by some Asian governments to conceal or justify unjustifiable human rights violations." See Freeman, "Human Rights: Asia and the West," in Tang, ed., Human Rights and International Relations in the Asia-Pacific Region, 22.
9. They have mentioned only in passing that general human rights need to be interpreted in particular circumstances. For example, Michael Freeman writes: "Both the meaning of human rights principles and the balancing of conflicting rights and values must be context-dependent. Yet there is reason to believe that this valid theoretical principle is being used by some Asian governments to conceal or justify unjustifiable human rights violations." See Freeman, "Human Rights: Asia and the West," in Tang, ed., Human Rights and International Relations in the Asia-Pacific Region, 22.
10. Perfectionism holds that the state should promote valuable practices and ways of life. Noncoercive perfectionism holds that the state should use only noncoercive means to pursue this goal - for example, education, subsidies, tax exemptions, and so on. Paternalism holds that the state should sometimes prevent people from harming themselves. Moralism holds that the state should sometimes prevent people from behaving immorally or help maintain morally worthy practices.
11. For a detailed historical account of how this brand of liberalism developed in the United States, see Michael Sandel, Democracy's Discontent: America in Search of a Public Philosophy (Cambridge: Harvard University Press, 1996).
12. For other examples, see Daniel A. Bell, "The East Asian Challenge to Human Rights: Reflections on an East West Dialogue," Human Rights Quarterly 18 (August 1996): 660-67.
13. Ronald Dworkin, A Matter of Principle (Cambridge: Harvard University Press, 1985), 357.
14. See, for example, Tommy Koh, "The Ten Values that Undergird East Asian Strength and Success," International Herald Tribune, 11 December 1993.
15. For an insightful critique of the notion of "Asian values," see Tatsuo Inoue, "Liberal Democracy and 'Asian Values'" (paper presented at the "First Asia Symposium on Jurisprudence," Tokyo University, 10 October 1996).
16. See David I. Hitchcock, Asian Values and the United States: How Much Conflict? (Washington, D.C.: Center for Strategic and International Studies, 1994). For criticisms of the survey, see Donald K. Emmerson, "Singapore and the 'Asian Values' Debate," Journal of Democracy 6 (October 1995): 95-105.
17. See David I. Hitchcock, Asian Values and the United States: How Much Conflict? (Washington, D.C.: Center for Strategic and International Studies, 1994). For criticisms of the survey, see Donald K. Emmerson, "Singapore and the 'Asian Values' Debate," Journal of Democracy 6 (October 1995): 95-105.
18. See Chiew Seen Kong, "Nation-Building in Singapore: An Historical Perspective," in Jon S.T. Quah, ed., In Search of Singapore's National Values (Singapore: Times Academic Press, 1990), 11.
19. For a good discussion of this point, see Jack Donnelly, Universal Human Rights in Theory and Practice (Ithaca, N.Y.: Cornell University Press, 1989), 69-71.
20. See Joseph Chan, "A Confucian Perspective of Human Rights" (paper presented at the second workshop of the Carnegie Council's project on "The Growth of East Asia and Its Impact on Human Rights," Bangkok, 24-27 March 1996). The paper will be published in Joanne Bauer and Daniel Bell, eds., The East Asian Challenge to Human Rights (forthcoming). Ideas in this and the following paragraphs are drawn from this essay.
21. See Joseph Chan, "A Confucian Perspective of Human Rights" (paper presented at the second workshop of the Carnegie Council's project on "The Growth of East Asia and Its Impact on Human Rights," Bangkok, 24-27 March 1996). The paper will be published in Joanne Bauer and Daniel Bell, eds., The East Asian Challenge to Human Rights (forthcoming). Ideas in this and the following paragraphs are drawn from this essay.
22. See, for example, Mary Ann Glendon, Rights Talk: The Impoverishment of Political Discourse (New York: Free Press, 1991), and Amitai Etzioni, The Spirit of Community: The Reinvention of American Society (New York: Simon and Schuster, 1993).
23. See, for example, Mary Ann Glendon, Rights Talk: The Impoverishment of Political Discourse (New York: Free Press, 1991), and Amitai Etzioni, The Spirit of Community: The Reinvention of American Society (New York: Simon and Schuster, 1993).
24. See Glendon, Rights Talk, 121-30, and John Eekelaar, "Families and Children: From Welfarism to Rights," in Christopher McCrudden and Gerald Chambers, eds., Individual Rights and the Law in Britain (Oxford: Clarendon Press, 1994), ch. 10.
25. See Glendon, Rights Talk, 121-30, and John Eekelaar, "Families and Children: From Welfarism to Rights," in Christopher McCrudden and Gerald Chambers, eds., Individual Rights and the Law in Britain (Oxford: Clarendon Press, 1994), ch. 10.
26. For a classic statement of this view, see J.S. Mill, Considerations on Representative Government, in H.B. Acton, ed., J.S. Mill: Utilitarianism, On Liberty, and Considerations on Representative Government (London: J.M. Dent & Sons, 1972). For a contemporary discussion of the problems of Singapore along similar lines, see Daniel A. Bell, "A Communitarian Critique of Authoritarianism. The Case of Singapore," Political Theory 25 (February 1997): 6-32.
27. For a classic statement of this view, see J.S. Mill, Considerations on Representative Government, in H.B. Acton, ed., J.S. Mill: Utilitarianism, On Liberty, and Considerations on Representative Government (London: J.M. Dent & Sons, 1972). For a contemporary discussion of the problems of Singapore along similar lines, see Daniel A. Bell, "A Communitarian Critique of Authoritarianism. The Case of Singapore," Political Theory 25 (February 1997): 6-32.
28. Aung San Suu Kyi, Freedom from Fear (London: Penguin, 1995), 265.
29. Kim Dae Jung, "Is Culture Destiny?" Foreign Affairs 73 (November-December 1994): 191.