Abstract

Gao Yihan was among the Chinese thinkers most familiar with Western political thought. He graduated from Meiji University in Japan in 1916, returned to China and was appointed professor of political science at Beijing University in 1918, where he remained until 1926. He subsequently taught at the Law School of the China National Institute of Shanghai, served as a member of the control Yuan, and after 1949 was dean of the Law School of Nanjing University. He wrote extensively on political theory, evaluating and synthesizing various trends in Western political thought. Rights figure prominently in Gao's writings; in addition to being one of the most subtle analysts of the general notion of rights writing in China, Gao was among the earliest advocates of economic rights. The first excerpt we translate here comes from one of Gao's earliest writings and articulates the central features of the conception of rights he discusses throughout his career: Rights are to be protected by the state, but they are neither innate nor ends in themselves. The second excerpt comes from a slightly later essay in which Gao makes explicit that rights, in his view, have an economic as well as a political dimension