(no subject)
Oct. 15th, 2003 06:39 pmI'd like to beat my Libertarian friends to the punch with a link I leeched from Metafilter. This comes from Rule of Law and Confucianism, part 3 of Henry C.K. Liu's article entitled "The Abduction of Modernity", meant to illustrate the fallacies in the Western assumption that our civilization, and those that copy it, are the only truly civilized ones.
I think whenever an American sues a fast food company for making fattening food, or a tobacco company for making unhealthy products, or another American for some perceived insensitivity, someone in Taiwan reads that story and is grateful they don't live here. One wonders if they even know about homeowner's associations.
On the other hand, I wonder whether a system such as theirs would prevent the kind of perfectly Western-legal behavior from corporations, that causes grief to so many of us in the United States. Here, Wal-Mart can muscle out a big fraction of the local business in a small town. They couldn't do it if their presence so offended the town that nobody shopped there. Could the RIAA and MPAA exist in a Confucian society?
I've got to remember to read this when I have more time.
The Confucian Code of Rites (Liji) is expected to be the controlling document on civilized behavior, not law. In the Confucian world view, rule of law is applied only to those who have fallen beyond the bounds of civilized behavior. Civilized people are expected to observe proper rites. Only social outcasts are expected to have their actions controlled by law. Thus the rule of law is considered a state of barbaric primitiveness, prior to achieving the civilized state of voluntary observation of proper rites. What is legal is not necessarily moral or just.I didn't have time to read the whole thing during my lunch break. But I'd already heard that the Chinese have different words for written and unwritten law, and that the idea of written law was resisted by those spiritual advisers who knew that written laws lead to litigious societies, much like ours.
I think whenever an American sues a fast food company for making fattening food, or a tobacco company for making unhealthy products, or another American for some perceived insensitivity, someone in Taiwan reads that story and is grateful they don't live here. One wonders if they even know about homeowner's associations.
On the other hand, I wonder whether a system such as theirs would prevent the kind of perfectly Western-legal behavior from corporations, that causes grief to so many of us in the United States. Here, Wal-Mart can muscle out a big fraction of the local business in a small town. They couldn't do it if their presence so offended the town that nobody shopped there. Could the RIAA and MPAA exist in a Confucian society?
I've got to remember to read this when I have more time.