Se presenta al iusnaturalismo clásico, especialmente el defendido por Tomás de Aquino, como alternativa digna de reconocimiento en la actual situación de dispersión-y también de confusión- en que se encuentra la filosofía del derecho. La empresa intelectual que se ha intentado concretar en este libro es la mediación entre los resultados de los estudios sobre la ley natural y las líneas centrales de la argumentación teórica moderna con el fin de plantear en una nueva perspectiva el múltiple debate iusfilosófico de (...) nuestros días. Aquí se ha tratado de abordar algunos de los principales tópicos de la iusfilosofía actual, poniendo en diálogo al iusnaturalismo de raíz clásica con las principales propuestas de la filosofía del derecho actual, reinterpretándolo para hacerlo comprensible, interesante y expresivo para los hombres de comienzos del siglo XXI. (shrink)

<1>Acerca de la concepción realista del derecho.--<2>Los fundamentos del derecho natural clásico en el pensamiento de Michel Villey.--<3>Liberación y derecho.--<4>Sobre la equidad.--<5>Reflexiones acerca de la estructura del razonamiento judicial.

In this book, Jiwei Ci explores the dual nature of justice, in an attempt to make unitary sense of key features of justice reflected in its close relation to ...

I am extremely grateful to the three commentators for their instructive and challenging criticisms and for giving me the opportunity to make my position more plausible and, where it is bound to remain controversial, clearer than it is in my book.1 In doing so, I will sometimes be concerned simply to clear up what I consider to be misunderstandings on the part of my commentators, in full awareness that my own lack of clarity or emphasis may well have contributed to (...) them. This I take to be worthwhile in its own right, but especially for the sake of locating more precisely the issues where real disagreement exists and facilitating useful engagement on these issues. As the line between these tasks is seldom sharp... (shrink)

For quite some time there has been a collective perception of a moral crisis in post- Mao China. This perception is informed by standards held by members of Chinese society rather than by standards outside of it. In this article, the author attempts to lay the groundwork for a philosophical analysis of this moral crisis. He first explains why it is appropriate to speak of a moral crisis and then examines the structure of the crisis. This examination is partly conceptual (...) and partly causal. The conceptual section of the article discusses terms frequently used in connection with the crisis and introduces some terms and distinctions of the author’s own for further clarity. The causal section traces the moral crisis to a crisis of identification with moral authority or exemplars, the latter crisis in turn containing important clues to the structure of self and agency in Chinese moral culture. (shrink)

: The Confucian relational concept of the person has been proposed as an epistemically more cogent and ethically more attractive alternative to that of liberal individualism. Two arguments are raised against this proposal without defending liberal individualism. Ethically, Confucianism is vitiated by certain unattractive features that cannot be removed without reducing the Confucian relational concept of the person to an abstract and not very helpful notion of human relatedness. Epistemically, Confucianism commits the essentialist fallacy of treating its own concept of (...) human relations as reflecting the nature of things. In view of these limitations, the Confucian relational concept of the person does not provide a viable framework for dealing with social issues including bioethics. (shrink)

This chapter contains section titled: Idealism and the Reconciliation of the Cheng‐Zhu and Lu‐Wang Schools Substance and Application in the Philosophy of Culture Strengthening Confucianism with Western Philosophy Conversion to Materialism Further Reading.

In lieu of an abstract, here is a brief excerpt of the content:Legitimacy, Performance, and Political Realism:Response to Ben CrossJiwei Ci (bio)Ben Cross raises important issues in his article and provides a much appreciated occasion for me to join the discussion. He targets his trenchant critique at what he calls Weberian sources of legitimacy, treating my view as a distinctive variation on the Weberian account. I am not sure that the issues on which we differ are most economically framed by (...) drawing Weber so prominently into the debate. Since Cross has already framed the issues in this way, however, I think I can best contribute to the exchange by accepting his terms of reference wherever appropriate and trying to work as fruitfully as possible within them. I will respectfully not take up any of the issues raised in the fourth section of the article, because Cross's use of the notion of civic agency there is so far removed from mine as to leave little room for productive engagement.As Cross notes, Weber identifies three distinct sources of legitimacy (or three types of authority): legality, the traditional, and the charismatic. This, however, is only a typology of specific sources and an incomplete one at that, for it does not cover the two sources that I happen to find most relevant in Democracy in China.1 The teleological legitimacy much discussed in chapter 1 of my book does not come under any of Weber's ideal types and seems to constitute another, distinct ideal type. Nor is the democratic legitimacy based on popular sovereignty that is proposed in chapter 3 as an alternative to teleological legitimacy quite the same as legal authority. It is thus easy to see that—and why—I do not avail myself of what Cross calls the Weberian sources of legitimacy. As a matter of fact, I do not [End Page 149] regard Weber's tripartite classification, regardless of whether it is exhaustive, as the conceptual core of his idea of legitimacy.Cross moves closer to that core when he notes the difference between the type of motive (i.e., non-expedient) that the three Weberian sources of legitimacy are supposed to have in common and the motive of pure expediency. This difference is important because, as Weber puts it in a well-known statement quoted by Cross, "Purely material interests and calculations of advantages as the basis of solidarity between the chief and his administrative staff result, in this as in other connexions, in a relatively unstable situation." Based on Weber's concern with the lack of stability characteristic of relations of pure expediency, Cross is then able to speak of a "Weber-inspired rejection of performance legitimacy." This conclusion, if not exactly mistaken, is nevertheless reached without adequately bringing out the issues involved.Take a close look at the passage in Economy and Society from which the above quote is taken:Purely material interests and calculations of advantages as the basis of solidarity between the chief and his administrative staff result, in this as in other connexions, in a relatively unstable situation. Normally other elements, affectual and ideal, supplement such interests. In certain exceptional cases the former alone may be decisive. In everyday life these relationships, like others, are governed by custom and material calculation of advantage. But custom, personal advantage, and purely affectual or ideal motives of solidarity do not form a sufficiently reliable basis for a given domination. In addition there is normally a further element, the belief in legitimacy.2Here it becomes clear that Weber, even in emphasizing the indispensable role of belief in legitimacy, argues his case much more cautiously and subtly than Cross gives one to understand. To begin with we see Weber take the trouble to stress "purely." We then find three qualifications in a row before Weber allows himself to conclude, as an empirical observation, that "custom, personal advantage, purely affectual or ideal motives of solidarity, do not form a sufficiently reliable basis for a given domination," from which he is apparently compelled to draw the inference that "there is normally a further element, the belief in legitimacy." In an earlier section of Economy and Society Weber makes similar allowances for the empirical proximity of motives... (shrink)