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Constitutionalism And Virtue

Posted on:2008-08-10Degree:DoctorType:Dissertation
Country:ChinaCandidate:B C WangFull Text:PDF
GTID:1116360242471356Subject:Environment and Resources Protection Law
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Carsun Chang was not only philosopher but also statesman, which made him also a constitutionalism expert. Constitutionalism thoughts were Chang's thoughts jumping-off, and finally became his thoughts basic. Neglecting or despising it, we will not be aware of Chang's question, and maybe lost in Chang's thoughts sea. Political situation forced him to face constitutionalism, but philosophy required him to study constitutionalism, which means that constitutionalism has a close relation with virtue.In 1906, Chang's first writing John Miller's Considerations on Representative Government argued against revolution, which showed Chang's selection between constitutionalisms an revolution. In 1907, his on progress of Democratic Party discussed the special meaning of constitutionalism in China that had an enlightened despotism face and a democracy ground, through which he put forward a prescription between ancientry and modernity. The Revolution of 1911 hastily made polity the first problem of China. Yuan Shikai's despotism suppressed polity problem, but didn't resolve it. After his death, clerisy called for federalism. Chang wrote against federalism to fight federalism and publish the draft of province institution that expounded the federalism substitute. Because of felling for unitary state, Chang worked in Duan Qirui government to achieve unity. Finally he became victim of warlord dogfight, so his constitutionalism plan was suspended. He had to stop and ponder the frustrated situation.When Carsun Chang accompanied Liang Qichao to tour in Europe in 1919, he met with German philosopher Rudolf Eucken and fell for him at sight, so he decided to stay and follow him to study philosophy. At the same time, he began to observe revolutions Europe country, translate and study constitutions. Through Rudolf Eucken philosophy, he suddenly realized the importance of outlook on life. Synchronously he also found the close relationship between virtue and constitution in research of Weimarer Constitution. So Chang called for improve people's political virtue. Although Chang didn't care about constitution in 1922, he was invited to draft constitution by Shanghai national affairs meeting organized by eight groups. Afterward he wrote on constitution to interpret his constitution draft that postponed people political resolution for people political virtue education. So he initiated argument of outlook on life to look for constitutionalism habitat. Cultivating heart needs freedom condition, which compelled him to fight with Nation Democracy Party autarchy. He translated Laski's the grammar of politics and originated new road to reveal and criticize the despotism. Hence he was forced to go into exile.In 1931, Japan invaded China. Through Hegel's state philosophy, he formed his state philosophy that mixed reason with force and crossed between virtue and institution. He made political virtue base on nation culture. So he called for reformation of nation culture in point of reason view. In this way, he modeled a state that has a new culture as core and constitutionalism as shape, which was put forward clearly in his the way of making country. It key was correctional democratic politics, whose purpose was not to reinforce the centralization of state power but to interfuse constitutionalism into democracy. So he turned China Democracy State parliamentary into balance regime like Weimarer. By dint of upswing democracy movement, he actively carried out his opinion. He opposed despotism, sparkplug democracy, blazoned forth human rights, lay constitutionalism foundation. Chang's thoughts were mature. The relation between constitutionalism and virtue showed itself clearly.In 1946, Chang began to modify constitution draft. He turned five powers constitution into balance constitution like Weimarer constitution. Later he had a series of speech on his new constitution draft that was complied as ten speeches of China Democracy State Democracy Constitution. The book involved constitutionalism significance, structure and implement. Through human rights, constitutionalism made way to democracy. But democracy is too weak to become constitutionalism anchor, instead it need constitutionalism support. So Chang wrote the philosophy base of democracy politics to study democracy groundwork. He found that both democracy and constitutionalism need firm virtue base. Hence he focused on constitutionalism virtue base. He had a speech of new virtue's base, propagandize Confucian virtue philosophy, published the pronouncement of telling world people for China culture, at last wrote the Confucian ethnics. Finally he found that individualism and sublimed Neo-Confucian ethic could shoulder the burden. Constitutionalism and virtue went on the stage together. In this way, Neo-Confucian political philosophy came into being spontaneously.In one word, Chang's opinion is that constitutionalism is a life mode based on virtue right judgment, which is the key of China modernization and through which politics allies itself with philosophy.
Keywords/Search Tags:Carsun Chang, Constitutionalism, Virtue
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