The Tradition of Human Rights in China and Vietnam

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This revisionist study explores contemporary human rights concerns in two Asian civilizations over the past 2,000 years, highlighting a non-Western perspective on individual rights and opportunities. It offers a framework to universalize contemporary human rights practices across cultures. The text introduces a new interpretation of the Chinese Imperial Order, distinguishing its jurisprudence, “the Way of the Emperor” (Huang Di Dao), from the “Way of the King” (Wang Dao) and the “Way of the Hegemon” (Ba Dao). Chinese jurisprudence evolved from a feudal system, leading to an Imperial Order alongside independent, heterodox aspirations that align with modern human rights standards. The study traces the development of Legalist thought into the Imperial framework while acknowledging the enduring influence of heterodox beliefs outside of it. Additionally, it challenges traditional French narratives that depict Vietnamese society as merely a reflection of Chinese norms, demonstrating how Vietnam maintained cultural and social independence until the 19th century's Nguyen Dynasty. The authors, Nguyen Ngoc Huy, a political philosopher, and Stephen Young, a Harvard Law graduate, collaborated on translating Vietnam’s Le Dynasty law code and have contributed significantly to the understanding of Vietnamese political philosophy and history.