Abstract

After a decades-long debate on the compatibility between Confucianism and human rights, Confucian political theorists now seem to generally agree that the fallback theory of rights provides an account of human rights acceptable to both sides of the debate. Interestingly, some Confucian political meritocrats make a distinction between non-political human rights and political rights, and argue that while the former are subject to the fallback theory of rights, the latter are subject to the so-called “service conception” of rights, which authorizes political hierarchy among citizens. After identifying the irresolvable tension between the fallback theory of rights and the service conception of political rights as a critical threat to Confucian political meritocracy’s internal stability, this article suggests that Confucian political meritocracy can overcome the instability problem only by taking seriously the political implications of the fallback theory of rights, which entails the endorsement of the right to political participation.