East Asian Politics When Compared Research Proposal

Length: 8 pages Sources: 1+ Subject: Mythology - Religion Type: Research Proposal Paper: #47847982 Related Topics: Asian Philosophy, Code Of Hammurabi, Asian, Sharia Law
Excerpt from Research Proposal :

It must be recognized that religion in East Asia has had a complex and long history, including its influence upon the law. Ritual and religion in the region have been much more integrated and for a much longer time in history than has been the case for the Western paradigm. Hence, although the country appears to have adopted the basic paradigms of Western legislation, it is also true that the heart of the region remains in its history, and is likely to be extracted only by time and patience.

Xinping notes that there are two opinions that relate to the religious paradigm as it relates to the Chinese context specifically. The first views religion in the country on a positive and active platform; where religion adapts itself the socialist and contemporary society of the region. Religion is thus easily and actively able to adapt itself to the applicable laws of the country as well, even in the contemporary world. This can be seen as the historical perspective, viewed by some critics as somewhat outdated, as most view today's Western religions to be in terms of legislation.

The other perspective views religion in East Asia from a more modernistic perspective, relating to the democracy paradigm of the West. Religion is regarded as entirely separate from legislation, where the vision and outlook of the former cannot be reconciled with those of the latter. The development of society and the world today has simply outlived the value of ritual, and thus legislation cannot include religion or ritual as part of its applicability to human existence and human legislation.

These two opinions are at the heart of the dichotomy and indeed conflict between Confucianism and the rule of law. And hence China and other countries in the region are struggling to find a compromise between ritual and the rule of law that would adequately satisfy those it serves.

To complicate matters further, religious freedom itself is also open to different interpretations, amounting to two main camps. One interpretation of religious freedom entails absolute freedom of faith and ritual, along with the freedom to engage in religious action and organization, whatever form this might entail. Religious freedom is therefore subject to complete democracy, where individuals are allowed to publicly display their faith in any way that they choose. The other interpretation is subject to limitation in terms of public display. It holds that individuals should be allowed the freedom the believe and practice as they prefer, as long as this is done in private. Such freedom should however not be applied to public displays of religious belief.

Once again this dichotomy entails a central conflict within the East Asian paradigm that is not as easily resolved as in the west. Having emerged from a historical focus on feudal rule, East Asian countries are in many ways still operating from the central assumption that the public opinion should be controlled in order to maintain stability. Hence, complete freedom of religion cannot be allowed, as this holds the danger of public dissatisfaction and unrest.

According...

...

This is based upon the assumption that human beings are basically good and seeks to follow the example of the good. When leaders then provide a good example, the public will necessarily follow. On the basis of this view, religious freedom should also be exercised only as far as this furthers the public and the social good. It is therefore a social good, where individuals submit the own opinion and the own drive towards freedom to the good of the whole.

To further complicate matters, there is an additional difference of interpretation in terms of legislation on religion in China and other East Asian countries (Xinping). On the one hand, the purpose of such legislation is to protect the freedom of religion in the region. Respect is the basis for such legislation, where religious belief is respected as an individual choice, of which none is better than any other; all religious choices are seen on an equal basis.

On the other hand, the opinion is that religious freedom laws should be enacted as controls on the practice of religion. As noted above, this paradigm operates from the assumption that religion could be dangerous to social and public stability. Also, it reflects the legislative, as opposed to Confucian, paradigm of viewing religion and human society as a whole. According to the "fa" (legislative) paradigm, human beings are not basically good, but rather seek to further their own interests. It therefore follows that the less desirable traits in the human heart needs to be controlled by legislation to ensure that society does not disintegrate into chaos.

Finally, Xinping notes that there is also a related difference in implementing the legislation on religion in China and its surrounding regions. Once again, the dichotomy between ritual and law is clear in this implementation. On the one hand, religious freedom is viewed as a constitutional right that should not be interfered with by the state, much like the democracy paradigm in the West. On the other, the government uses legislation to administer religion according to its own paradigms and needs.

Clearly, the East Asian paradigm entails a central difference between ritual and law; two paradigms that have been integrated historically. Being a very traditional region of the world, there has been a central struggle not only between the two paradigms themselves, but also between the choices of integration and separation. These conflicts have set the stage for a unique paradigm of democracy, ritual and legislation in the region. In addition, rituals related to various religions such as Buddhism, Taoism and the like have resulted in various opinions and paradigms regarding the integration and separation of ritual and the law in the region.

In conclusion, globalization has contributed considerably to the hiatus that East Asia is currently experiencing in terms of the importance it attaches to its conceptions of ritual and the law. On the one hand, its historical tradition precludes the separation of church and state as enacted by the West, while on the other its position within the global arena requires such separation. The resolution to this dichotomy will only become clear as time passes, and will possibly be in effect only within the next decades or even centuries.

References

Glenn, H. Patrick. Legal Traditions of the World: Sustainable diversity in law. Oxford University Press, 2007.

Qin, Guoji. The Thinking Way of Confucianism and the Rule of Law. Journal of Politics and Law Vol. 1, No. 1. March, 2008.

Xinping, Zhuo. Religion and Rule of Law in China Today.…

Sources Used in Documents:

References

Glenn, H. Patrick. Legal Traditions of the World: Sustainable diversity in law. Oxford University Press, 2007.

Qin, Guoji. The Thinking Way of Confucianism and the Rule of Law. Journal of Politics and Law Vol. 1, No. 1. March, 2008.

Xinping, Zhuo. Religion and Rule of Law in China Today. Brigham Young University Law Review. 1 May 2009. http://www.allbusiness.com/society-social/religion-spirituality-religion/13411800-1.html


Cite this Document:

"East Asian Politics When Compared" (2009, December 08) Retrieved October 26, 2021, from
https://www.paperdue.com/essay/east-asian-politics-when-compared-16538

"East Asian Politics When Compared" 08 December 2009. Web.26 October. 2021. <
https://www.paperdue.com/essay/east-asian-politics-when-compared-16538>

"East Asian Politics When Compared", 08 December 2009, Accessed.26 October. 2021,
https://www.paperdue.com/essay/east-asian-politics-when-compared-16538

Related Documents
Asian Resources and Economic Power
Words: 4982 Length: 16 Pages Topic: History - Asian Paper #: 9936419

Asian Resources and Economic Power Asia has always been a centre of attention in world's politics. A single decision made by one of the Asian countries has a tendency of altering the world's political and economic scenery. A change in Afghanistan changed the perception about world's security and enunciated an on-going war of peace. Similarly, China's growth has altered economic policies of many countries in the world. Hence, whatever takes place

Asian Studies As Far As
Words: 3081 Length: 10 Pages Topic: History - Asian Paper #: 41975054

The East and the West will surely come to a point where they will have different ideas regarding the manner in which need to be done. The rise of China and India as change factors will make things different not just for the existing superpowers, but also for the developing countries. They will have to put up will strong pressures which will arise due to the enormous size of the

Asian Monetary Fund - What
Words: 4024 Length: 10 Pages Topic: History - Asian Paper #: 77266012

The contributions of U.S. In these cases were only U.S.$5 billion to South Korea, U.S.$3 billion to Indonesia and zero to Thailand. (Examining the case for an Asian Monetary Fund) Alternatively, the East Asian economies like Japan and Singapore entailed bilateral assistance to the crisis hit regional economies in some other forms. Secondly, the East Asian crisis appeared to have accorded due emphasis on prevalence of 'demand' by dominating regional

East Asian History
Words: 1353 Length: 4 Pages Topic: History - Asian Paper #: 80653905

history of Japan. First, it will describe the masculinization of Japanese culture during the Kamakura Shogunate period and explore why masculinization happened. Second, the changing roles and relationships with each Buddhism and Shinto in Japan from Nara through the Kamakura period will be explored. Third, Korea's relationship with China and Japan up until the 1600's will be compared and contrasted. Fourth, the kinds of social, political and cultural climate

Comparing Cultural Differences
Words: 1952 Length: 7 Pages Topic: Teaching Paper #: 16272495

Learning Project As our nation becomes increasingly more diverse we will be presented with the challenge of understanding our cultural differences. The purpose of this paper is to develop and design a learning project that compares cultural differences of two ethnic/cultural groups. For the purposes of this project we will compare the differences between Asian and Western cultures. The project will be based on the cultural impact of performance in workforce,

Asian Studies Short Answer Questions.
Words: 2384 Length: 7 Pages Topic: History - Asian Paper #: 8543565

Of all the nations hit by the great Asian financial crash of 1997, Indonesia has gone through the most widespread political upheaval (Smith, 2003). A hated dictator has been thrown out, and democracy is on everyone's lips. But in spite of this victory, the capitalist democracy that most of the mass movement imagines is not possible in a nation as super exploited and crisis-ridden as Indonesia. In the end only