Early twenty first century Vietnam has witnessed the emergence of constitutional discourse in line with some ideas and institutions of western liberal constitutionalism. This movement has unfortunately led the constitutional discourse to underestimation of the relevance of the local culture. In Vietnam, Confucianism is an integral component of the national culture. It has a long tradition and has continued to influence on different aspects of the modern society in the nation. As constitutionalism must be ultimately underpinned by culture values and political tradition, the relations of Confucianism to the promotion of constitutionalism in Vietnam should be taken into account. This account adopts a balanced approach to the relationship between Confucianism and constitutionalism. It supports the integrationist approach, which attempts to marry the best elements of Confucianism with the best elements of western constitutionalism to produce a distinctive form of constitutionalism suitable to the local context. However, to carry out the integrationist project, it is important to determine what can be integrated, and to do this, the integrationist approach must be combined and balanced with the indigenist and critical approaches. On the side of Confucianism, it is necessary to identify constitutionalist elements, and this requires us to, from an indigenist perspective, discover constitutionalist values in the Confucian tradition. On the side of western constitutionalism, it is necessary to, from a critical view, identify its disadvantages and advantages so as to select the most suitable elements for the integrationist project. General speaking, this study defends the thesis of the positive relationship of Confucianism to constitutionalism with particular reference to the case of Vietnam. The study firstly systematically discovers classical philosophical foundations of Confucian constitutionalism. It then examines the practice of Confucian constitutionalism in imperial Vietnam. Subsequently, it demonstrates the antecedent projects of integration of Confucianism with Western constitutionalism in the modern history of Vietnam. Finally, the study contemplates the possibility of further integration of Confucianism and western constitutionalism in contemporary Vietnam by proposing the Constitutional Academy as a mixed model of constitutional enforcement. This inquiry is significant in several ways. Firstly, it contributes to our better understanding of the history and development of Confucianism, constitutionalism, and their relationship in Vietnam. Secondly, it can further enhance the scholarship of the intellectual foundations and experimentations of constitutionalism in pre-modern East Asia. Finally, the findings in this study can have implications for further reflection on the global expansion of western liberal constitutionalism in non-western contexts, and the prospects of constitutionalism in an East Asian Confucian context. / published_or_final_version / Law / Doctoral / Doctor of Philosophy

This dissertation studies the discussions on ghosts by the Neo-Confucians of the Song Dynasty, in particular Zhu Xi and Chen Chun. According to these thinkers, Gui (the ghost) refers to the deceased and represents the fading away of Qi (materials), and it is also part of the ancestor worship. Based on the typically Neo-Confucian interpretation of Li (principles) and Qi (materials), this dissertation demonstrates how Zhu and Chen explicated the idea of “Li persist on even though Qi fade away” by an articulation of their understanding of the ghost. The thesis consists of five chapters. The introduction summarizes previous works concerning Neo-Confucians’ discussion on Gui. It also briefly explains why the idea of Li and Qi is significant to the distinction between living people and ghosts as seen by Neo-Confucian thinkers. The definition of “Neo-Confucians” is briefly explained at the beginning of the introduction. Chapter one presents how Neo-Confucians apply the Qi theory to Gui, and their idea of an appropriate worship as intimately related to Qi, yet with its rationality lying with Li of human relations. Chapter two analyzes the Neo-Confucian idea of li gui (haunting ghosts) which is differentiated from the ghost in the ancestry worship system. For Neo-Confucians, li gui fail to understand the appropriate relation between Qi and Li and try to reject the fading away of Qi after death. In Chapter three, it is examined that Zhu Xi and Chen Chun’s opinion that living people play a role in the ghosts’ haunting because of their lack of knowledge of either Qi or Li, and suggest that they become the human form of “haunting ghosts” because of such a failure in understanding. In conclusion, the thesis suggests that the right way to live out the true potentiality of human beings is to accept the limitation of Qi but try to grasp the eternal Li through the observation of the movements of Qi. / published_or_final_version / Chinese / Master / Master of Philosophy

Master of Arts / For more than two thousand years, the collection of poetry simply referred to as the Shi Jing, (“The Classic of Poetry”, “Book of Odes” or “Book of Songs”), has shaped the Chinese literary landscape. The classic is one of the central influences on the development of later Chinese poetry, and can appropriately be considered a major contributor to the habits of expression, imagery and structure which remained dominant until the nineteenth century.

Thesis (Th. M.)--Trinity Evangelical Divinity School, Deerfield, Ill., 1997. / Abstract. Includes bibliographical references (leaves 126-133).

Thesis (Ph. D.)--Faculty of Law, University of Sydney, 2006. / Includes bibliography. Also available in print form.

Thesis (Ph. D.)--University of Hong Kong, 2002. / Includes bibliographical references (leaves 417-438).

Thesis (M.A.)--Trinity International University, 2002. / Abstract. Includes bibliographical references (leaves 119-129).

Thesis (M.A.)--University of Hong Kong, 1995. / Includes bibliographical references (leaf 70-81). Also available in print.

Thesis (M.A.)--Guo li Taiwan shi fan da xue guo wen yan jiu suo. / Cover title. Includes bibliographical references (p. 224-227)

Thesis (doctoral)--Nan kai da xue, Tianjin Shi, 2003.