{"title":"正确理解共产主义","authors":"Ya Lan Chang","doi":"10.1017/cjlj.2021.21","DOIUrl":null,"url":null,"abstract":"Abstract Communitarianism has been misunderstood. According to some of its proponents, it supports the ‘Asian values’ argument that rights are incompatible with communitarian Asia because it prioritises the collective interest over individual rights and interests. Similarly, its critics are sceptical of its normative appeal because they believe that communitarianism upholds the community’s wants and values at all costs. I dispel this misconception by providing an account of communitarianism, properly understood. It is premised on the idea that we are partially constituted by our communal attachments, or constitutive communities, which are a source of value to our lives. Given the partially constituted self, communitarianism advances the thin common good of inclusion. In this light, communitarianism, properly understood, is wholly compatible with rights, and is a potent source of solutions to controversial issues that plague liberal societies, such as the right of a religious minority to wear its religious garment in public.","PeriodicalId":43817,"journal":{"name":"Canadian Journal of Law and Jurisprudence","volume":"35 1","pages":"117 - 139"},"PeriodicalIF":0.4000,"publicationDate":"2022-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Communitarianism, Properly Understood\",\"authors\":\"Ya Lan Chang\",\"doi\":\"10.1017/cjlj.2021.21\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract Communitarianism has been misunderstood. According to some of its proponents, it supports the ‘Asian values’ argument that rights are incompatible with communitarian Asia because it prioritises the collective interest over individual rights and interests. Similarly, its critics are sceptical of its normative appeal because they believe that communitarianism upholds the community’s wants and values at all costs. I dispel this misconception by providing an account of communitarianism, properly understood. It is premised on the idea that we are partially constituted by our communal attachments, or constitutive communities, which are a source of value to our lives. Given the partially constituted self, communitarianism advances the thin common good of inclusion. In this light, communitarianism, properly understood, is wholly compatible with rights, and is a potent source of solutions to controversial issues that plague liberal societies, such as the right of a religious minority to wear its religious garment in public.\",\"PeriodicalId\":43817,\"journal\":{\"name\":\"Canadian Journal of Law and Jurisprudence\",\"volume\":\"35 1\",\"pages\":\"117 - 139\"},\"PeriodicalIF\":0.4000,\"publicationDate\":\"2022-01-20\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Canadian Journal of Law and Jurisprudence\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1017/cjlj.2021.21\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Canadian Journal of Law and Jurisprudence","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/cjlj.2021.21","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Abstract Communitarianism has been misunderstood. According to some of its proponents, it supports the ‘Asian values’ argument that rights are incompatible with communitarian Asia because it prioritises the collective interest over individual rights and interests. Similarly, its critics are sceptical of its normative appeal because they believe that communitarianism upholds the community’s wants and values at all costs. I dispel this misconception by providing an account of communitarianism, properly understood. It is premised on the idea that we are partially constituted by our communal attachments, or constitutive communities, which are a source of value to our lives. Given the partially constituted self, communitarianism advances the thin common good of inclusion. In this light, communitarianism, properly understood, is wholly compatible with rights, and is a potent source of solutions to controversial issues that plague liberal societies, such as the right of a religious minority to wear its religious garment in public.
期刊介绍:
The Canadian Journal of Law & Jurisprudence serves as a forum for special and general jurisprudence and legal philosophy. It publishes articles that address the nature of law, that engage in philosophical analysis or criticism of legal doctrine, that examine the form and nature of legal or judicial reasoning, that investigate issues concerning the ethical aspects of legal practice, and that study (from a philosophical perspective) concrete legal issues facing contemporary society. The journal does not use case notes, nor does it publish articles focussing on issues particular to the laws of a single nation. The Canadian Journal of Law & Jurisprudence is published on behalf of the Faculty of Law, Western University.