1. A mainstream view on the origins of the imperial legal tradition in China is that imperial Chinese law underwent a process of Confucianization beginning in the Han dynasty. This point of view, f...

This essay traces changes in the relationship between filial piety and loyalty in early China. During the Spring and Autumn and early-mid Warring States periods, a conflict existed between the two values. Confucian thinkers such as Confucius and Mencius put a priority on filial piety, while Shang Yang 商鞅 regarded it detrimental to the state. However, scholars later tended to reconcile the values, as is evident in the Xiaojing 孝經 and the “Zhongxiao 忠孝” chapter of the Hanfeizi 韓非子. The two (...) texts reconcile filial piety with political authority, and show that the two values are based on the same foundation. Ancient Chinese legal documents are in agreement with the same trend. Early Chinese governments made unfiliality illegal and permitted the head of a family to have very strong authority over other members of the household. Still, governments maintained control of individual households by putting the head of the family’s authority under political authority. (shrink)

The recent revival of Confucianism in the PRC raises questions regarding the legitimacy of cultivating Confucian virtues such as ren, li and xiao in an educational context. This article is based on the assumptions that education is an ideologically laden practice and that moral virtues have the potential of functioning to sustain hegemony and other forms of social control. By focusing on the Xiao Jing, a lesser known Confucian classic, it offers the Confucian account of filial piety a charitable reading (...) which then proceeds to examine the ideological dimension of filial piety. By employing concepts such as naturalisation and the public–private distinction in my analysis, I argue that filial piety should be understood through a critical lens. While the question ‘Is filial piety a virtue?’ cannot be answered in a simple, straightforward manner, the discussion on filial piety presented in this article has the potential to shed light on the relationship between politics and moral education. (shrink)

On the level of existential structure, “Shengsheng Buxi” unfolds an existential structure different from Heidegger’s “being-in-the-world”. This paper calls it “being-between-the-generations”. Through this existential structure, it reveals many aspects which Heidegger ignored in his existential analysis. The existence of “I” between generations is, first of all, a conjunction of generations, “this body” has its own origin. Its original facing the Other is to love his/her parents, and showing the structure of “being-together-with-the-generations” in filial piety; family implements the existence of “inheritance”, (...) thus gaining its ontological status in this structure. The state of mood in generations shows the “Enjoyment-at-home” of this-body; at the same time, being-between-the-generations also makes “learning” and “teaching” indispensable and essential moments in the existential structure, and makes the “Project” of “trans-generations” possible. The “historicity” formed by “generations” has an impact on this. Ultimately, in the memorial ceremony of “death of parents and ancestors”, it builds the structure of “being-together-with-the-generations” within a family, and maintains the dimension of transcendence, in the way of filial piety, whose nature is revealed in The Analects as “Tribute to the death of parents and keeping memory of ancestors” (慎終追遠). (shrink)

On the level of existential structure, “Shengsheng Buxi” unfolds an existential structure different from Heidegger’s “being-in-the-world”. This paper calls it “being-between-the-generations”. Through this existential structure, it reveals many aspects which Heidegger ignored in his existential analysis. The existence of “I” between generations is, first of all, a conjunction of generations, “this body” has its own origin. Its original facing the Other is to love his/her parents, and showing the structure of “being-together-with-the-generations” in filial piety; family implements the existence of “inheritance”, (...) thus gaining its ontological status in this structure. The state of mood in generations shows the “Enjoyment-at-home” of this-body; at the same time, being-between-the-generations also makes “learning” and “teaching” indispensable and essential moments in the existential structure, and makes the “Project” of “trans-generations” possible. The “historicity” formed by “generations” has an impact on this. Ultimately, in the memorial ceremony of “death of parents and ancestors”, it builds the structure of “being-together-with-the-generations” within a family, and maintains the dimension of transcendence, in the way of filial piety, whose nature is revealed in The Analects as “Tribute to the death of parents and keeping memory of ancestors” (慎終追遠). (shrink)

China is developing an ethical and sustainable organ donation and procurement system based on voluntary citizen donation. The gift-of-life metaphor has begun to dominate public discussion and education about organ donation. However, ethical and legal problems remain concerning this “gift-of-life” discourse: In what sense are donated organs a “gift-of-life”? What constitutes the ultimate worth of such a gift? On whose authority should organs as a “gift-of-life” be donated? There are no universal answers to these questions; instead, responses must be compatible (...) with local cultural values. This paper argues that from a Confucian point of view, organs should be viewed as a gift from the donor’s family, and that final dispositional authority should also rest with the donor’s family. The worth of such a “gift” rests on the virtue of ren, the origin of which is family love. Ultimately, I will argue that a family-based consent model for deceased organ donation is not merely justified, but morally required in the Chinese cultural context. (shrink)

Despite a growing interest in and sympathy with Confucianism, there remains a stereotyped conception of Confucian civil order as a form of authoritarian hierarchy that is responsible for various oppressions in ancient China and is reprehensible from a modern egalitarian perspective. One central target of this modern criticism is the Confucian maxim of sangang 三綱, whose underlying idea is essential for regulating the relationship between sovereign and subject, father and son, and husband and wife in traditional Confucian society. Tu Wei-ming (...) translates sangang as the “Three Bonds” and argues that it is the “least defensible legacy of Confucian ethics” from the “modern egalitarian and liberal perspective.” For Tu.. (shrink)

This article argues for the necessity of a social group ontology in Confucian ethics. The heart of Confucian ethics is self-cultivation begun in familial relations. Social group categories can disrupt family structures in ways that can only be ignored at a high cost to the well-being of biological family members who do not share the dominant group identities. To make this disruption clear, I will articulate the challenge queer lives pose for classical Confucian self-cultivation. This discussion will give rise to (...) an account of queer chosen kin and its compatibility with the existing Confucian role-relational ontology. The incorporation of social group identities and an account of the sociopolitical constitution of persons is necessary not only for the development of Confucian social and political philosophy, but also for illustrating the significant ways in which Confucianism can shape cross-cultural discussions of ethical self-cultivation. (shrink)

Abstract The early Ru or ?Confucian? figure Xunzi (?Master Xun,? c. 310?c. 220 BCE) gives a sophisticated analysis of war, which he develops on the basis of a larger social and political vision that he works out in considerable detail. This larger vision of human society is thoroughly normative in the sense that Xunzi both argues for the value of his ideal conception of society, and relates these moral arguments for the Confucian Dao or Way to what I take to (...) be fairly hardheaded assessments of the dynamics of international relations in his late Warring States historical context. This combination of moral vision and political realism, combined with his advocacy of strong political authorities that nevertheless rule justly in service to the common good, makes his thought arguably more relevant to the contemporary world of contending nation-states, and a rising, undemocratic China, than any other pre-modern Confucian. Xunzi's own context, both intellectual and political/military, led him to argue about war in ways that look distinctive to contemporary Western ethicists ? and yet his preferred issues are revealing in themselves and are suggestive in relation to current debates in military ethics. In the first part of this paper I analyze Xunzi's argumentative strategy in debate about war, where he chooses to attack his adversaries on the question of how to cultivate true loyalty and obedience in subordinates. The second part briefly explores Xunzi's vision of the good society and how it fits into a multi-state world, which undergirds his critique of alternate discourses about war and government. The third examines the Xunzian vision of politics and war as a source for a contemporary Confucian theory of civilian-military relations. The fourth section explores some implications of a Xunzian account for international relations, through a brief comparison with the Kantian notion of ?perpetual peace? among liberal states, and whether such ?zones of peace? might be conceivable on Confucian grounds. The conclusion reflects on the ambiguous legacy of Xunzi's moralism in his analysis of war and statecraft, and the possible light this shines on contemporary Chinese political culture. (shrink)

We present the first large-scale, quantitative examination of mind and body concepts in a set of historical sources by measuring the predictions of folk mind–body dualism against the surviving textual corpus of pre-Qin (pre-221 BCE) China. Our textual analysis found clear patterns in the historically evolving reference of the word xin (heart/heart–mind): It alone of the organs was regularly contrasted with the physical body, and during the Warring States period it became less associated with emotions and increasingly portrayed as the (...) unique locus of “higher” cognitive abilities. We interpret this as a semantic shift toward a shared cognitive bias in response to a vast and rapid expansion of literacy. Our study helps test the proposed universality of folk dualism, adds a new quantitative approach to the methods used in the humanities, and opens up a new and valuable data source for cognitive scientists: the record of dead minds. (shrink)

Why should I take care of my aging parents? How far will morality require me to sacrifice for this cause? I will study these questions from the perspectives of Confucianism and rule‐consequentialism. Confucians believe that the continuity of families and the interactions between members of different generations can enhance the integrity of society in the long run. However, since Confucianism may impose extreme demands on its followers, this theory may be problematic. In this paper, I argue that despite its demands, (...) the Confucian doctrines are defensible and are worth upholding. To explain my view, I draw upon rule‐consequentialism and explain how the rule‐consequentialist analysis complements and enhances the Confucian claims. I believe that the consequentialist conception of Confucianism can provide a useful resource for responding to the moral challenge of population aging in the current state of the world. (shrink)

Comparing Aristotle's and Confucius' ethics, where each represents an ethics of virtue, I show that they are not susceptible to some of the frequent charges against them when compared to non-virtue ethical theories like utilitarianism and deontology. These charges are that virtue ethics: (1) lack universal laws; they cannot (a) provide content for actions, and (b) they do not consider actions in the evaluation of morality. (2) Virtue ethics cannot provide the resources for dealing with social justice and human rights (...) practices. Contrary to these charges, I show how these thinkers' ethics can account for the first generation civil and political rights, and the second generation economic, social and cultural rights. (shrink)

This study aimed to develop the Three-Dimensional Filial Piety Scale and explore its psychometric properties. Based on Wang’s Three-Dimensional Filial Piety Model, our study employed a review of the current literature, in-depth interviews, and feedback from experts and the target group. An initial 36-item scale using a bipolar Likert 6-point rating scale was developed. Then item analysis and exploratory factor analysis were conducted with sample 1 (n = 617) to explore the dimensions and final items, and a 15-item scale with (...) three factors was obtained. After that, confirmatory factor analysis was conducted to validate the 3-factor structure obtained through exploratory factor analysis with sample 2 (n = 585). Next, we tested criterion-related validity with sample 3 (n = 248) and test-retest reliability with sample 4 (n = 67). The results supported the model on which this scale was based and showed three dimensions of filial piety, namely the balance of interests, good affections, and family role norms. As a valid, reliable scale, the Three-Dimensional Filial Piety Scale can therefore be used in the Chinese context to measure filial piety for people of different genders, ages, and cohabitation situations. (shrink)

The essay deals with problems encountered by Western researchers working in the field of Chinese philosophy. It begins with a discussion of intercultural and transcultural methodologies and illuminates some of the most common issues inherent in traditional intercultural comparisons in the field of philosophy. Taking into account the current state of the so-called postcomparative discourses in the field of transcultural philosophy and starting from the notion of culturally divergent frames of reference, it focuses upon semantic aspects of the Chinese philosophical (...) tradition and exposes the need for discursive translations. On this basis, a new postcomparative approach in transcultural philosophical studies of Chinese philosophy is suggested. In this context, the author proposes the application of an innovative principle, based upon what can preliminary be denoted as the method of sublation. (shrink)

The present article focuses on Zhang Zai’s 張載 attitude toward death and its moral significance. It launches with the unusual link between the opening statement of the Western Inscription 西銘 regarding heaven and earth as parents and the conclusion that serving one’s cosmic parents during life, one is peaceful in death. Through the analogy of human relations with heaven and earth as filial piety (xiao 孝), Zhang Zai sets a framework for an understanding that being filial through life eliminates the (...) fear of death. The article shows that filial piety as a root for morality enables a “sense of immortality,” which is in fact a sense of morality. This moral immortality is elucidated through Zhang Zai’s discussion on vital power (qi 氣) as that which life is made of, which persists through ongoing transformation and enables a moral continuum. This continuum is manifested through filial piety, which transcends the limits between life and death, and thus makes physical death pointless as morality endures. (shrink)

While the concept of Menschenwürde (universal human dignity) has served as the foundation for human rights, it is absent in the Confucian tradition. However, this does not mean that Confucianism has no resources for a broadly construed notion of human dignity. Beginning with two underlying dilemmas in the notion of Menschenwürde and explaining how Confucianism is able to avoid them, this essay articulates numerous unique features of a Confucian account of human dignity, and shows that the Confucian account goes beyond (...) the limitations of Menschenwürde. It is arguably richer and more sophisticated in content, and more constructive for protecting and cultivating human dignity. (shrink)

To say Early Confucians advocated the possession of a sense of shame as a means to moral virtue underestimates the tact and forethought they used successfully to mold natural dispositions to experience shame into a system of self, familial, and social governance. Shame represents an adaptive system of emotion, cognition, perception, and behavior in social primates for measurement of social rank. Early Confucians understood the utility of the shame system for promotion of cooperation, and they build and deploy cultural modules (...) – e.g., rituals, titles, punishments – with this in mind. These policies result in subtle alterations to components of the evolved shame system that are detectable in data form contemporary cross-cultural psychology that show that populations in the Confucian diaspora have a unique shame profile compared to Western and non-Western populations. The status of Confucian diaspora populations as outliers in the context of shame is partially explained by appeal to the cultural transmission and historical endurance of relevant Early Confucian cultural modules. (shrink)

Both an emphasis on logic and an emphasis on rhetoric lead to a kind of care for language. However, in early Greece this care for language through the lens of logic manifested in the drive to ‘get it right’, whereas in early China the care for language manifested in the pervasive concern for zhengming, for using names properly. For the early Chinese thinkers, especially the early Confucians, this was not predominantly a linguistic affair—zhengming is a key component of moral cultivation. (...) As we explore the ethical import of Confucian role ethics, we need to pay attention to the philosophical vocabulary of this worldview and to how our understanding of these crucial terms changes if persons are seen as relational—a central premise of Confucian role ethics. In this essay I argue against reading zhengming as fagu, merely a conservative retrieval of historical meaning, as suggested by the political philosopher Hsiao Kung-chuan, among others. Instead, I argue for three theses: (1) although stubbornly persistent, ‘rectification of names’ is not an adequate translation for zhengming; (2) the conservative reading of zhengming is problematic and needs to be rethought as an hermeneutic process intersecting past meanings, present circumstances, and future possibilities; and (3) zhengming is, in an important sense, the ‘art’ of Confucian role ethics, for achieving moral competency in this tradition is a matter of constantly revising one's roles and relationships. (shrink)

Abstract Comparative studies involving early Confucian ethics often appear to assume that it is a unified approach to morality. This essay challenges that assumption by arguing that Confucius had a significantly different conception of ren , commonly viewed as central to Confucian ethics, from that of Mencius. It is generally accepted that ren has two senses: in a narrow sense, it is the virtue of benevolence (or compassion); in a broad sense, it is the all-encompassing ethical ideal. Both senses fail (...) to capture Confucius’ conception of ren , for the narrow sense fits only Mencius’ understanding of ren , while the broad sense lacks emphasis and precision. I propose a third sense of ren , that is, ren as an integral, higher-order virtue with respect as its most salient component. This sense of ren is more in keeping with the textual evidence in the Analects . It played a key role in Confucius’ political-moral thinking and made his doctrine diverge considerably from that of Mencius, who understood ren primarily as compassion. (shrink)

A growing number of scholars have come to view Confucians and other Chinese thinkers as virtue ethicists. Other scholars, though, have challenged this classification. This essay discusses some of the problems that surround this debate, points out shortcomings in some of the criticisms that have been made, and offers suggestions about how best to develop a productive discussion about the issue.

From classical antiquity to contemporary times, challenging situations of dilemmatic or paradoxical nature continue to fascinate both scholars and the casual reader. Although Western literature provides a fruitful source of philosophical discussion on the circumstances under which a morally competent agent faces incompatible moral requirements, Sinology has rarely accepted the idea of moral dilemmas in Chinese philosophy in general and Confucianism in particular. The present paper explores moral and morally motivated dilemmas in Liu Xiang’s 劉向 Lienü Zhuan 列女傳 and the (...) philosophical strategies employed for their resolution within the framework of the Confucian tradition, emphasizing similarities with Western traditions such as Greek tragedy or Thomistic philosophy. (shrink)

Against Individualism: A Confucian Rethinking of the Foundations of Morality, Politics, Family, and Religion presents Henry Rosemont’s reflection on possible Confucian-based avenues for considering solutions to contemporary moral, political, and spiritual problems. Rosemont contends that the ideologies of capitalist economies, which are based largely on competition, and belief in autonomous individuality, including abstract notions of human rights, are fundamentally unable to deal effectively with many of today’s most pressing issues. For example, he argues against appealing to universalist principles in an (...) attempt to dissolve ethical and political tensions between cultures and states. In accordance with this orientation, his work is then best judged on the contributions it makes to constructing new perspectives on the problems addressed rather than how accurately he represents any tradition. In fact, Rosemont readily admits that he may be “unfair” to individualism or “creative[ly] misreading” early Confucianism. In this review article, I will argue that some of the differences Rosemont finds between his Confucian critique of individualism and the communitarian critique of individualism are, in fact, not all that dissimilar. For example, while Rosemont sees Alasdair MacIntyre and Michael Sandel as “individualists,” the general orientation of their communitarian response to libertarianism shares much in common with the Confucian “role ethics” perspective on the person and morality or ethics. In this way, I will argue that while Confucian role ethics and communitarian perspectives certainly have their respective emphases, they also have a lot to offer one another. (shrink)

Both Confucianism and the Bhagavad Gītā emphasize the moral authority of social roles. But how deep does the likeness between these ethical philosophies run? In this essay I focus upon two significant points of comparison between the role-based ethics of Confucianism and the Gītā: (1) the interrelation between formalized social roles and family feeling, and (2) the religious dimension of moral action. How is it that Confucians ground their social roles in family feeling, while the Gītā emphasizes rupture between role (...) and sentiment? Furthermore, are we to understand Confucianism as presenting a social philosophy that eschews religious concerns, whereas the Gītā denies the moral significance of family feeling in lieu of obtaining soteriological freedom? Examining the aesthetic and religious dimensions of the ethics of Confucianism and the Gītā clarifies a key distinction that both views implicitly make, albeit for divergent reasons: the difference between living one’s roles and playing one’s roles. (shrink)