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## Abstract This chapter traces the recent bifurcation of Confucian political theorists into two competing camps (i.e., Confucian political meritocracy and Confucian democracy) to their differing accounts of human dignity in Confucianism: inegalitarian dignity as achievement and egalitarian dignity as moral potential. It argues that the inegalitarian account of dignity is fundamentally incompatible with the principle of “equal protection of rights before law,” and this renders the alternative egalitarian conception of human dignity a far more plausible normative foundation for contemporary Confucian political theory, making Confucian constitutional democracy the only legitimate institutional arrangement. After thoroughly investigating Mencius’s and Xunzi’s accounts of human dignity, finally, it establishes two foundational rights of Confucian democratic constitutionalism—the equal right to political participation and the equal right to protection of constitutional rights—and present them as the underlying normative values of the dignity of legislation and the authority of the (constitutional) court, respectively.

Author

Sungmoon Kim

Publisher

Oxford University PressNew York

Published

2023

Language

EN

ISBN

9780197630624

Subjects

Philosophy, Political Science, History