Chinese culture

Confucianism and Justice 儒家正义

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Confucian Justice

At the end of the last ‘son-covering-father’ article, it was stated that it seemed like Confucius was not advocating actively obstructing justice to conceal the father’s crime. Instead, the son should conceal the misconduct of the father by not reporting his father until the father corrects his actions. In other words, the son has a duty to allow his father to correct his actions in a private setting, giving him the time and opportunity to apologies and repay his dues. For many readers, this conclusion was not satisfying as protecting the father, even by passive concealment, is another way of obstructing justice and not doing what is morally right.

However, in Confucian thought, yi (义) or justice and righteousness is the very principle that is followed by the son when passively concealing the father’s crimes. It is wrong to transgress against one’s superiors, especially when it comes to respecting people of higher authority, such as rulers and parents. In contrast to the classic interpretation of Confucianism as blind obedience, yi here represents an “ideal of totality as a decision-generating ability to apply a virtue properly and appropriately in a situation” (Cheng, 1972: 271). Yi is about evaluating one’s circumstances and deciding what to do in those circumstances accordingly. The father’s intentions were not discussed in any detail to give clues about his motives. All that is known about the crime is that it involved the father stealing sheep. As long as no one is in direct harm or danger (where the farmer will starve because of the stolen sheep), it is up to the son to give his father the chance to evaluate the meaning of truth and goodness in unity and totality. In this way, the father can act in accordance with justice by returning the sheep or reporting himself to authorities, realizing the right course of action by himself. Likewise, the son is able to protect his family’s reputation, minimising potential damage caused by misunderstanding and thoughtless action. To add to this understanding of Confucianism as a doctrine that emphasizes harmony and collaboration and not blind conformity, this article will investigate the idea of justice in Confucian thought.

There is little knowledge about Confucian justice in the West. As Amartya Sen observes in his book The Idea of Justice (2009), most books on political philosophy are confined exclusively to Graeco-Christian thought, where non-Western authors are overlooked and marginalised in Western discourse. While Sen does discuss justice in India’s intellectual history, his brief references to China leave out any discussion on Confucianism. As professor in philosophy Xenwu Chen (1997) stated, Confucianism either receives embarrassing lip-service, is rejected by discourses on justice in the West, or is reduced to the two catchphrases of ren and yi that are often not properly translated in the West.

In general, the concept of justice is still unclear. The origin of the word comes from the Latin iustus and iustitia meaning upright, righteous, and equity. By the mid-12th century, justice took a more legal form in the French system as it came to mean “the exercise of authority in vindication of right by assigning reward or punishment”, but also “the quality of being fair and just; moral soundness and conformity to truth.” Justice relates to right action or following orders and correcting those who fail to do so. These orders and punishments should be carried out in a manner that takes into account what is fair and good. However, there is no question as to who defines what is fair and good, and how these definitions came to be standards for organising society.

In the contemporary legal sense, justice is sometimes defined in terms of equality. That is, everyone should get or have the same as everybody else regardless of how much work they do or ‘what they put in’. On the other hand, justice can also mean equity where people get benefits in proportion to the work that they contribute. The harder and better one works, the more they get rewarded for their work. The equality versus equity debate is simple and maintains the status quo by ignoring structural discrimination and assuming that everyone can escape their circumstances through hard work and effort. Despite this, the debate over proper conceptions of justice shows that justice is really about who is entitled what, and the question of which cases are equal and which are unequal (Aristotle, Politics: 1282b 22). As philosopher John Rawls (1971) notes, the foundational idea of justice must be seen in terms so fairness. Like goodness, determining what and why something is fair can be tricky business. For example, a feminist analysis into the ethics of care shows that men’s emphasis on separation and autonomy leads them to stress ideas such as justice, fairness, and rights. These male norms do not take into account women’s experience and emphasis on connections and relationships, which leads to a different style of moral reasoning that emphasises wants, needs, and interests of particular people (i.e: those most in need). Care-focused feminists like Gilligan (1982) provide much needed analysis on why women as a group disproportionately carry the burden of care in all societies, and why men as a group do not routinely engage in caring practices. Her ideas suggest that theoretically care-based ethics can become a complement of, or even substitute for, traditional ethics of justice.

In that sense, there are many ways to think about justice that do not necessarily have to align with Western concepts of what is good and fair. For example, the term ren, which is often translated as humaneness, empathy, or the good feeling of encouraging and helping others, may be connected to the idea of justice as ‘harmony’ rather than fairness as it is defined in Western justice theory (Murphy & Weber, 2016). So, some aspects that would traditionally be thought of as unfair would be considered just in a Confucian justice system. Standing and encouraging the rank of others by capitalising on connections (guanxi, 关系) implies giving preferential treatment to someone in exchange for resources like access to controlled information, credit grants, and protection from external competitors (Hinze, 2012). Reciprocal obligation and indebtedness means that these exchanges are ongoing and occur in every aspect of society, including politics and everyday business. Rather than basing society on equality or even equity, social organisation through guanxi is about the needs and wants of particular individuals who have a lot of currency in terms of favours and resources. Though not perfect in practice, guanxi is about creating value in relationships and looking at the wider network in which individuals exist in.

Protecting family, saving face (mianzi, 留面子), and giving someone a chance to regain lost honour is also another concept that may seem foreign to the West. ‘Face’ or reputation is a multifaceted concept that can be lost, gained, or given. It is not only concerned with perceived success (how other’s see your earnings and social standing), but also with the relationship of one’s actions and character to the confidence of society in one’s integrity and moral character (Hu, 1944). Especially when it comes to family members (as was the case with the father), mianzi is important to maintain out of respect for both family ties and to minimise social harm. Considering how individual and group interests are perceived as mutually dependent, Confucian justice cannot recognize rights that are based on the idea that individual interests should be defended against group interests. However, as Wong (2013) notes, rather than eliminating the individual, the way that Confucianism values living according to moral standards and preserving relationships provides a basis for the idea that individuals should receive protection when they express their convictions about certain matters. The son should have an opportunity to express how his father or leader’s misconduct was inappropriate, but only in the right manner and way: through private communication and formal procedure.

Finally, the emphasis on internal feelings means that even the methods of governance should be based on virtue and not coercion and punishment. According to Confucian justice, forcing someone against their will to do the right thing works against cultivating an autonomous sense of shame. In other words, punishment should always be seen as a last resort. A better way of ruling is winning the people’s hearts. This involves developing a consciousness so that social coordination, even amongst strangers, should be family-like and less remote (Tiwald, 2017). The idea is that virtuous members in the community are motivated to act out of care for one another and not by fear of punishment. In the latter, doing good will only be based on self-interest. Sometimes a person may comply when compelled to, but when they are able to do bad things without being punished, then there is no motivation to remain law-abiding. For Confucius, if people practice ritual and develop a sense of shame, it is more likely that they will rectify themselves and do good more consistently. As ‘The Sayings of the School of Kongzi’ (Kongzi Jiayu, 孔子家語) notes, the ideal is to have well-crafted and finely-tuned laws and then make sure that they are never used.

The emphasis on social connections, mutual obligations, and care shows that Confucian justice involves de-emphasising legal coercion and guiding people by moral consideration. Instilling a sense of shame and concern for others is of utmost importance in developing a social system that is people-centred. While a Confucian might believe that there are certain correct ways for dealing with others, a significant degree of latitude is meant to encourage people to learn from their own mistakes and by way of example from others (Chan, 1999). Without necessarily competing with Western justice theory, there is a history and breadth of thought in Confucian justice that has not been adequately explored.

Book Extract- The Chinese Path and the Chinese School: Interviews with Leading Chinese Academics 道路自信:中国为什么能

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Guo Book

Since its founding in 1949, China has developed from an extremely poor country into a global power. After developing its industrial system under Chairman Mao, China opened up to the global economy and became the world’s second largest economy, maintaining a double-digit growth rate for over 30 years. To do this without engaging in war and maintaining stable domestic conditions has been unprecedented in modern history. For other countries, China represents an alternative path to development that involves applying development models that match different histories, cultures, and national and regional conditions.

In 2012, President Xi promoted the ‘Chinese Dream’ as a vision for China’s development over the next decades. Through a top-down political campaign, the Dream has been a main theme in the majority of Xi’s public speeches and in Chinese media and scholarly publications. In 2014, for example, 8,249 articles with “China dream” (zhongguo meng, 中国梦) in the title had been published within China according to the CNKI China academic journals database (Callahan, 2014). By 2017, this number has increased to 53,679 articles.

The concept of the Dream is based on China’s historical experience and the desire for rejuvenation following the Century of Humiliation (bainian guochi,  百年国耻) and colonialization by Western powers. Chinese people have been presented with many ideas describing collective aspirations for national independence, common prosperity, and the recovery of the Chinese nation from feudal backwardness. The Dream combines all of these past slogans, including ‘peaceful rise’ and ‘harmonious society’, by emphasising sustainable development, common prosperity, and independence from foreign domination through a system of socialism with Chinese characteristics guided by the Communist Party of China.

The following is an extract from Maya X. Guo’s book The Chinese Path and the Chinese School: Interviews with Leading Chinese Academics 道路自信:中国为什么能. In it, Guo interviews a number of Chinese academics on topics around China’s development, including the prospect for democracy, the future of socialism in Chinese modernisation, and Chinese maritime strategy. In the section titled Century-old Quest for Renewal: The CPC’s Evolving Narrative and Historical Mission, Guo interviews Professor Cao Jinqing from East China University of Science and Technology. The following views and opinions expressed in this extract are those of the authors and do not necessarily reflect the Confucian Weekly Bulletin.

Maya: In his first speech after being elected China’s president on March 17, 2013, Xi Jinping gave a detailed account of the Chinese Dream, a dream of the great renewal of the nation. How do you understand this concept in the context of the Communist Party of China’s (CPC’s) narrative?

Cao Jinqing: By proposing this concept, the CPC has revisited the narrative of the century-old pursuit of national independence and modernisation. The Chinese Dream means the completion of a modernately prosperous society in all respects when the CPC celebrates its centenary, and turning China into a modern socialist country that is prosperous, strong, democratic, culturally advanced and harmonious when the People’s Republic of China (PRC) marks its centenary. The Two Centenary goals are based on a historical narrative different from the CPC’s conventional narrative. The new narrative appeals to all those who remain committed to the quest for national renewal, including Chinese people on the mainland and in Hong Kong, Macao and Taiwan as well as overseas Chinese.

Maya: How is it different from the previous narrative? How did the previous narrative justify the CPC’s ruling status?

Cao Jinqing: The previous narrative was a Marxist-Leninist narrative. It was also a conventional narrative of the CPC. The CPC’s vision of Chinese history provides an important ideological perspective from which to explain the legitimacy of its political power. The publication of Chairman Mao Zedong’s article “On New Democracy” in 1940 marked the establishment of the Party’s conventional vision. The article answered questions about China’s past, present and future in Marxist terms: China had evolved through the stages of a primitive society, a slave society and a feudal society like other countries. Had it not been for the invasion of imperialist powers, China would have gone on to evolve into a capitalist society. The Opium War (1840-42) interrupted its routine course of development and reduced the country to a semi-colonial and semi-feudal society. The exploitation of imperialism and feudalism was the root cause of China’s poverty and decline. Under those circumstances, fighting against imperialism and feudalism was the top priority of the Chinese nation. Going forward, China would experience in turn a new-democratic society, a socialist society and finally a communist society.

The theory redefined the history of the Chinese nation, giving rise to a comprehensive new vision of history. This vision, which applied the philosophy of Marxist materialist history to China, was one of the most important reasons for the success of the CPC. As it satisfied their spiritual needs, it attracted numerous disillusioned and hopeless intellectuals to Yan’an, the onetime headquarters of the CPC, making the small town along the Yellow River a gathering place of China’s top talents. One of the prime reasons why the CPC defeated the Kuomintang (KMT) in the civil war was that the former seized the ideological high ground. It did so precisely by establishing a new vision of history. In keeping with this vision, Mao led the Chinese nation in advancing socialism. He exercised political power confidently because he believed he was on the side of truth.

Maya: Why is a vision of history so important? How could it make such a big impact on Chinese intellectuals?

Cao Jinqing: That’s because China is a nation imbued with a strong historical awareness. China does not have a Western-style religion or philosophy. The role of history in China is equivalent to those of history, philosophy and religious beliefs combined in the West. History maintains the cultural identity of the Chinese nation. Qing Dynasty historian Zhang Xuecheng (1738-1801) made a good point when he said, “All the six classics come down to history.”

History lays the foundation of the Chinese culture. When China was a traditional agrarian society, the Chinese lived in clans. Each clan had its history, which helped it evolve by building upon past achievements. While ordinary people were attached to their clans, officials cared about their fiefdoms and the entire kingdom, which also had a history. The Chinese have long been aware of the value of visions of history. The classic works Spring and Autumn Annals and Records of the Grand Historian enabled us to identity with out common ancestor Huangdi and our common history. Visions of history are the center of the Chinese culture. At a minimum, they represent the shared cultural identity of the Han ethnic group.

After the Opium War, which marked the beginning of the modern era in China, Chinese intellectuals focused on reshaping China’s vision of history as they learned from the West to promote the country’s economic, political and cultural transition. Creating a new vision of history was considered a pivotal task for those who aspired to state power. The trailblazer in this field was Kang Youwei (1858-1927), a political thinker and reformer who accepted the Western evolutionist philosophy of history. After the May Fourth Movement, an anti-imperialist and anti-feudal political movement from 1919, a group of radical intellectuals turned to Marxist-Leninism. I think the most powerful past of this theory is its vision of history, with which the CPC reconstructed China’s history based on the historical stages of the West.

Regressive history and cyclical history are two traditional Chinese visions of history. The theory of cyclical history, coupled with the Mandate of Heaven, justifies the replacement of an old dynasty by a new one and the rule of a new emperor. The CPC modified this traditional narrative and repackaged it in Marxist language. But the underlying idea remained the same: Those who gain popular support will gain state power; those who lose popular support will lose state power. The CPC’s revolutionary narrative is consistent with the Confucian view of revolution: The Party, which represented the will of the people, overthrew a regime that had lost the Mandate of Heaven…In the CPC’s narrative the concept of the Mandate of Heaven was replaced by “rules of historical development.”

The Chinese Dream has returned to the narrative of the 100-year pursuit of national independence and modernisation, a process in which the Chinese strived to save China from being conquered, bring prosperity to the nation, and catch up with Western powers.

For the latest updates on the Chinese Dream, see Xinhua’s (2016) Chinese Dream webpage.

Three Confucian Poems 孔诗三首诗

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Poetry

Image: Classical Chinese Poetry. Retrieved July 2, 2017, from here.

In this article, Paul Carus provides a translated account of three poems recorded in the stone engraved inscriptions of the temple of Confucius at Qufu. Each poem expresses Confucius’s disappointment in life. After becoming a minister in the state of Lu, Confucius found that the duke and others in government did not possess the seriousness and responsibility necessary for their positions, and so he resigned. The following verses from the inscriptions have been published and edited by Confucian scholars.

THE SONG ON TAI SAN*

After Confucius moved to Wei, an unjust governor sent his compliments and invited him to come back to Lu. Confucius refused the offer, convinced that if he did accept the invitation it would only end in disappointment. To express his feelings, Confucius wrote ‘The Song on the Mountain’:

“Would rise to the lofty peak,

Where cliffs and ravines debar.

So Dao though ever near

Is to the seeker far.

How wearisome to me

Those mazes which allow no exit.

 

I sigh and look around,

The summit in full view;

With woodlands it is crowned

And sandy patches too,

And there stretch all around

The highlands of Lian Fu.

Thickets of thorns prevent

Any ascent.

 

No axe is here

A path to clear;

The higher we are going,

The worse the briars are growing.

I chant and cry,

And while I sigh,

The tears are flowing and the nose is running.”

 

*Tai San is the name of the mountain situated between Lu and Wei.

THE ORCHID IN THE GRASS

On his way back to Lu from Wei, Confucius stopped in a valley and saw orchids growing on the wayside. He stopped and said, “Orchids should be royalty’s fragrance, but here they are mixed up with common herbs.” He then took his lute and composed a song for the orchids:

“So gently blow the valley breezes

With drizzling mist and rain,

And homeward bound a stranger tarries

With friends in a desert domain.

Blue heaven above! For all his worth,

Is there no place for him on earth?

 

Though all the countries did he roam

Yet he found no enduring home.

Worldlings are stupid and low,

They naught of sages know.

So swiftly years and days pass by,

And soon old age is drawing nigh.”

Confucius then went back to Lu.

THE SWAN SONG

When Confucius fell sick, the governor visited him. Dragging himself with a walking stick, he sang:

“Huge mountains wear away

Alas!

The strongest beams decay.

Alas!

And the sage like grass withers.

Alas!”

Confucius died seven days later.

 

If you would like to submit an article or book review to Confucian Weekly Bulletin, contact cminarov@bond.edu.au

Understanding Taiwanese Confucianism 台湾的儒家

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Taiwanese Confu
Image: China Daily (2011). Confucius’ birthday celebrated in Taiwan. Retrieved June 12, 2017 from http://english.sina.com/life/p/2011/0927/400733.html

Over the past decade, academic circles have been increasingly interested in exploring the relationship between Confucianism and modernization in East Asia. The term “East Asian Confucianism” means Confucian traditions in East Asian countries that have had cultural and economic links with China, including Korea, Japan, Vietnam as well as other political units that developed later, such as Taiwan, Singapore and Hong Kong (Little & Reed, 1989).

Although Confucian traditions have varied across the region according to the ideological positions of different governments, most East Asian countries have faced common problems in the pursuit of modernization where traditional systems have either collapsed or weakened. The most significant example of this was the decline of Confucian ideology where East Asian scholars condemned Confucianism to the “dustbin” of history as it was thought to oppose progress and modernity in both Capitalist and Communist economies.

But with the restoration of Confucian traditions in the 1980s, Confucianism again reappeared as an influential philosophy. As David L. Hall and Roger T. Ames note in Thinking Through Confucius (1987), the renewed interest in Confucianism has been so profound that many scholars identified the revival as a ‘Confucian renaissance’ in mainland China, Japan, and South Korea. However, what was commonly ignored in most of these studies was the various versions of Confucianism across East Asia, with “relatively little written about Confucianism in Taiwan” (Huang, 2009, p. 71).

Before explaining why this gap in the literature exists, some context should be given. Taiwan has had an independent identity apart from mainland China for more than a century. To quote Professor June Teufel Dreyer (2003) from the University of Miami, “the Polynesian cultures of the aboriginal tribes, occupations of varying lengths and degrees of intensity by the Spanish, Portuguese, and Dutch, 50 years of colonization by an assimilationist Japan, and a period of strong American influence after World War II” (p. 1) have all shaped the development of a distinct Taiwanese culture.

Despite this, Taiwan became increasingly sinicized under Chiang Kai-shek and the Chinese Nationalist Party during the founding years of the People’s Republic. For example, streets were re-named with place-names from the Mainland, while Mandarin was learnt as the official language in Taiwan. Those who disobeyed and spoke Taiwanese, Hakka or aboriginal dialects were “fined, slapped, or subjected to other disciplinary actions” (Dreyer, 2003, p. 2). As history textbooks were rewritten and memorials re-created to fit into a national Chinese past, popular culture was also influenced by China. As well as restricting non-Mandarin shows and films, performers who spoke non-Mandarin parts tended to be portrayed as criminals or those with low-status jobs, giving the impression that not speaking Mandarin was associated with being from the lower class (Schmitt, 2011).

Because of this process, Confucianism in Taiwan was commonly understood in one of two ways. The first was where Confucianism as a tradition originating in China was merely planted in Taiwan with its universal elements not being localised. In that sense, “Taiwanese Confucianism” could be understood as just another representation of ‘cultural China’, relating to Tu’s (1991) idea of China as existing in three symbolic universes. The first consists of China, Taiwan, Hong Kong and Singapore, whose members are predominantly ethnic Chinese; the second of Chinese communities in predominantly non-Chinese societies; and the third of non-Chinese individuals who study and bring Chinese culture into their own communities. Confucianism in Taiwan belongs to the first universe of cultural China.

The other characterisation of Confucianism in Taiwan is that of a localised version of Confucianism without universal significance. As Chen (2009) notes, “historically speaking, ‘Taiwanese Confucianism’ during the Ming and Qing dynasties was nothing more than the ‘Taiwan branch’ of the Fujian School” (p. 11). What this means is that as the first Confucius Temple was built in Taiwan in 1665, and Confucianism became a key part of Taiwanese architecture, education, and national rites, this localised branch of Confucianism has only ever been significant in Taiwan.

However, the reality of how Confucianism developed in Taiwan is much more complex. On the one hand, Confucianism was applied to serve political ends as certain ideological values of Confucian thought, such as loyalty, patriotism, and filial piety, were promoted by the government in standardized textbooks (Huang, 2009). Specifically in the postwar period, certain facets were also selected by political elites to create an “official Confucianism”, whose goal was to support the state ideology by creating a highly selective interpretation of Confucian ideology. This sort of misinterpretation and misapplication of Taiwanese Confucianism was not an exceptional occurrence in history. Even in China, at the start of Emperor Wu’s reign during the Han dynasty (140–86 BCE), all non-Confucian schools were banned as Confucianism was utilized and distorted by the officialdom (Huang, 2009).

At the same time, in contrast to official Taiwanese Confucianism, Confucianism was also interpreted by intellectuals such as Xu Fuguan (1902–1982), as it became a key school of thought to resisting foreign influence. In Development of Confucianism in Taiwan, Chen Chao-ying (2014) pointed out that Confucianism in Taiwan led the territory to oppose the Qing and support reinstatement of the Ming, criticize Japanese occupation, and resist wholesale Westernization during the period after Second World War. In that case, clashes between the Taiwanese and Japanese and the incoming Mainlanders after 1945 shows that the cultural and intellectual tradition in Taiwan was diverse, complex, and multifaceted.

As the revival of Confucianism continues throughout East Asia, the history of Confucian development is not as clear-cut as is usually imagined. Rather than simply being part of China’s cultural sphere of influence or as an indigenised ideology in Taiwan, Confucianism has been influenced by a number of cultural, political, and economic factors that were both local and global, allowing the tradition to develop “in the unique context of the interaction between Taiwan and China, tradition and modernity, and indigenous and foreign culture” (Huang, 2009, p. 8). For future research, the question remains as to what are the prospects for Confucian tradition in Taiwan with the challenges of air, water, and industrial pollution that accompany industrialisation in addition to the other challenges of modernisation. More work needs to be done to investigate these processes.