Confucianism paper

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Acevedo 1 Ashley Acevedo PHI 480 Independent Study Human Rights and Confucianism 30 April, 2013 Human Rights Values in the Virtues of Confucianism Intro Human Rights are often considered to be a Western concept. While it is true that the first human rights as we know them today, and much of the doctrine that lead to their development was indeed Western, many of its values can bee see in a variety of places. This paper seeks to explore the relationship between the virtues taught in Confucianism and the values in human rights. Human rights are claims made by humans, expressing their entitlement to certain standards of living or protection from certain actions. These rights belong naturally to all humans and cannot be taken away. Historical overview of Confucian China and Development of Human Rights in the West

Transcript of Confucianism paper

Acevedo 1

Ashley Acevedo

PHI 480 Independent Study

Human Rights and Confucianism

30 April, 2013

Human Rights Values in the Virtues of Confucianism

Intro

Human Rights are often considered to be a Western concept.

While it is true that the first human rights as we know them

today, and much of the doctrine that lead to their development

was indeed Western, many of its values can bee see in a variety

of places. This paper seeks to explore the relationship between

the virtues taught in Confucianism and the values in human

rights. Human rights are claims made by humans, expressing their

entitlement to certain standards of living or protection from

certain actions. These rights belong naturally to all humans and

cannot be taken away.

Historical overview of Confucian China and Development of

Human Rights in the West

Acevedo 2

A key point to understanding Confucianism is to understand

the historical context in which it came about. During this time

period, China as it exists today had not yet come about. The Zhou

Dynasty circa 1122 BCE, which had conquered the Shang dynasty

before it, was one that ruled by force, conquering much of the

surrounding area. To help rule over such a large area, lords were

appointed over areas and given land in exchange for loyalty to

the king 1). Because of this, Early China was a feudal society,

much like Europe, and particularly Britain, was.

It remained this way until late circa 7790 BCE2. It is

worth noting that the historical development that transformed

Europe’s agricultural and feudal society into a more industrious

and egalitarian one, is a major influence in the difference in

development of rights theory in Europe and China. 3

1The serfs began to rebel and the lords as well, until there was much fightingbetween lords.

Koller, John M., and Patricia Joyce Koller. Asian philosophies. 5th ed. Upper Saddle River, N.J.: Prentice Hall, 2002.

2 Ibid3 China remained a predominately agricultural society until the Modern period

during the rule of Mao.

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By the time of Confucius, the former Zhou kingdom had

deteriorated into collection of smaller kingdoms or tribes, each

with their own government, culture and language4. There was

constant fighting between these kingdoms. The result was nearly

three hundred years of non-stop war. It could be argued that war

can help a society through boosting its economy. Jobs are created

by the increase in demand for goods such as food, clothing,

weapons and armour for the troops. However, when war lasts for

such extended periods of time, it is detrimental. Confucius was

born around 550 BCE, in the Spring and Autumn period of the Zhou

dynasty, to a poor family5. Confucius saw this fighting and what

it did to society, and his thoughts and ideas about how people

should live and government should rule were his answer to the

social problems of his day; much as human rights have been a

western solution to ours6. He wondered why they could not unify

4 Koller, John M., and Patricia Joyce Koller. Asian philosophies. 5th ed. Upper Saddle River, N.J.: Prentice Hall, 2002.

5 Koller, John M., and Patricia Joyce Koller. Asian philosophies. 5th ed. Upper Saddle River, N.J.: Prentice Hall, 2002.

The Analects of Confucius. Trans Appelbaum, Stanley. Dover Thrift Publications. NY 1995.

6 Koller, John M., and Patricia Joyce Koller. Asian philosophies. 5th ed. Upper Saddle River, N.J.: Prentice Hall, 2002.

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and instead of fighting, focus that energy and those resources

bettering their society? Confucianism sought to answer the

question of ‘how can human beings and human society achieve their

fullest possible development?’ For Confucius, many of the

traditional ideas and beliefs of the Golden Age of China were

those that he thought lead to the best life7. Because of this,

many of the key points of Confucianism were actually those of

this time period, and it was Confucius’s aim to revitalize these

past virtues through his teachings.

Confucius believed that rules and regulations were not

enough to make people live harmoniously together. In the Analects

he says

“If you govern the people by laws, and keep them in order bypenalties, they will avoid the penalties, yet lose their sense ofshame. But if you govern them by your moral excellence, and keepthem in order by your dutiful conduct, they will retain their

sense of shame, and also live up to this standard.” 8

United Nations. Universal Declaration of Human Rights. http://www.un.org/en/documents/udhr/

7Ibid

8 The Analects of Confucius (2: 3). Trans Appelbaum, Stanley. Dover Thrift Publications. NY 1995.

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Confucius never said whether humans were inherently good or

bad, rather he said that 'By nature men are similar; by practice

men are wide apart'9.This indicates the idea that goodness can be

taught and learned through self-cultivation. Because of this

Confucius sought to improve society by teaching people to live

virtuously in order to improve themselves10. Teach them this with

the 5 relationships. This placed vital importance on the family,

the base level of society.

Li is the actual behavior, 'systems of norms intended to

govern conduct'11. It is taught through education. Initially, Li

was intended to be followed by rulers, while using was imposed

upon the subjects12. However, Confucius decided that, while he

valued the hierarchy of feudalism, the values of li were more

important, and needed to be followed by all13.

Yi is expressed as righteousness and is the way in which one

applies  Jen in everyday life.14 It is the attitude and reasoning

9 Analects: With Selections from Traditional Commentaries Indianapolis: Hackett Publishing,2003. Translated by Edward Slingerland .pp 19-2010 Cheng Human Rights and Chinese Philosophy. Comparative Civilizations 1, 1-30: 1979.11 Ibid12 Ibid13 Ibid14 Ibid

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with which one behaves according to Jen15.

 In this ways Li lead to the Confucian development of the five

relationships. The five relationships are one of the most central

aspects of Confucianism. They provide a template for how one

should behave in a variety of situations, while simultaneously

instilling key values that lead to harmonious interactions with

others16. This, in many ways, is the foundation for a harmonious

society in that, if people interact with each other in a peaceful

manner, society as a whole is more peaceful17. Also, some of the

virtues taught within the context of these relationships provide

a system of social support that otherwise wouldn't exist in

Ancient Chinese society.18

15 Ibid16 Ibid17 Ibid

18 A system of social support that exists in varying degrees in most Western countries, and is valued in modern human rights doctrine: UDHR, Article 25 (1)Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing andmedical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.- United Nations. Universal Declaration of Human Rights. http://www.un.org/en/documents/udhr/

It is also important to note that these rights would also would be protected by the Confucian virtue of filial piety which will be discussed farther in more detail later.

Acevedo 7

He developed what are known as the five relationships. The

purpose of these relationships was to provide social order and a

system of exchange of respect and benevolence between those in

authority and those below them within the rank of society. The

five relationships are:

1) Ruler to Ruled i.e. Emperor to kingdom and heads of householdto family

2) Husband to wife

3) Father to eldest son

4) Older siblings to younger siblings

5) Friend to friend19

Within these relationships are virtues taught to all

cititens, that help them to live a more virtuous life. The first

of these virtues, called Hsaio, or "Filial piety", is one of the

most important virtues of Confucianism. Interpretations of it

have varied greatly; the general idea of filial piety is showing

respect to members of authority and elders. Though only mentioned

19 All of my References cited spoke about the five relationships, what they are and indicated direction that respect and benevolence move within the hierarchy of the diagram and society. More specifically, a diagram like this was given in Dr. Fitz’s PHI 210 Asian Philosophies class. Also, note that friend to friend is the only relationship where both parties are equal.

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in the Analects by name a handful of times20, the importance of

filial piety is obvious when see in conjunction with the five

relationships and the importance placed on respecting elders and

authority figures21. This sense of respect of authority,

Confucius thought, would stop people from behaving in a negative

manner. This can be seen in the Analects when it is said that “It

is a rare thing for someone who has a sense of filial and

fraternal responsibility to have a taste for rebellion”22. It

ensured that students respected and learned from their parents

and teachers23, as well as maintained the social order 24 ‘There

is government, when the prince is prince, and the minister is

minister; when the father is father, and the son is son.25’ It

20 Rather, it was something discussed in further detail later in a book entitled “Classic of Filial Piety”, written by a student of Confucius, Tseng Tzu. de Bary, Wm. Theodore and Wing-tsit Chan, Sources of Chinese Tradition, CUP

1st ed. 1960, 2nd ed2nd ed pp 185.

21 Also, promotes the idea of subjects respecting the emperor.

22 The Analects of Confucius: A Philosophical Translation (New York: Ballantine, 1998). Translated by Roger T. Ames, Henry Rosemont. 1: 2 pp 71.

23 de Bary, Wm. Theodore and Wing-tsit Chan, Sources of Chinese Tradition,CUP 1st ed. 1960, 2nd ed

24 everyone sticking to their role25 Analects XII, 11, Legge, James.  The Chinese Classics, 2nd ed. With a Translation, Critical and Exegetical Notes, Prolegomena, and Copious Indexes. 1893; rpt. Hong Kong: Hong Kong University Press, 1960. ).

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also taught people to not unnecessarily and rudely challenging

those of authority “In serving his parents, a son may gently

remonstrate with them. If he sees that they are not inclines to

follow his suggestion, he should resume his reverential attitude,

but not abandon his purpose”26. This idea also goes along with

the idea of freedom of speech and expression, not in saying

whatever you want, but in giving the freedom to criticize

government when it is justly deserved, without fear of punishment

from said government27. However, this does not mean that one must

completely obedient at all times, rather, it is permissible to

respectfully question authority when appropriate and necessary28.

26 de Bary, Wm. Theodore and Wing-tsit Chan, Sources of Chinese Tradition,CUP 1st ed. 1960, 2nd ed pp. 29-30 says found in Analects IV:18

27 That, I believe, was the main purpose for freedom of speech in The U.S. Bill of rights, for example. In many Western countries that now have a Bill ofRights indicating this freedom of speech, they were ruled by a monarchy and speaking against the king was punishable by death. This resulted in great unrest leading to violent revolution. In the aftermath of the conflict, they wanted to prevent this, and similar forms of oppression, from happening in thefuture; hence the creation of their Bills of Rights, and the inclusion of the right to freedom of speech.The United Nations Universal Declaration of Human Rights, Article18 states that “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” http://www.un.org/en/documents/udhr/28

de Bary, William Theodore, and Bloom, Irene, eds.  Sources of Chinese Tradition, 2nd

ed., vol. 1.  New York:  Columbia University Press, 1999. 

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One must be active in their learning, think about and question

what they are taught “To learn without thinking is unavailing; to

think without learning is dangerous”29. It also is important in

that it ensures that children love and care for their parents30.

This emphasis on caring for their parents is not just emotional,

it is important to not just respect them, but to have a sense of

duty and obligation to them. There is no social net on the

government level, but in the family hierarchy outlined through

the five relationships, children must be the social net for their

elders. So part of filial piety and caring for ones parents

refers to literally taking care of them in providing for them31.

29 de Bary, William Theodore, and Bloom, Irene, eds.  Sources of Chinese Tradition, 2nd ed., vol. 1.  New York:  Columbia University Press, 1999.  pp 47 says found in Legge, James.  The Chinese Classics, 2nd ed. With a Translation, Critical and Exegetical Notes, Prolegomena, and Copious Indexes. 1893; rpt. Hong Kong: Hong Kong University Press, 1960. .

30 de Bary, Wm. Theodore and Wing-tsit Chan, Sources of Chinese Tradition,CUP 1st ed. 1960, 2nd ed

31 Cheng, Chung-ying. Human Rights in Chinese History and Chinese Philosophy.  Comparative Civilizations 1, 1-30: 1979.

As expressed earlier, Article 25 of the UDHR expresses that(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or

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He started with the rulers, they as leaders need to set an

example to the rest of society. In the Analects, Confucius says32

“Set an example yourself for those in office… promote those with

superior33 character”34. In book 13 of the Analects, Confucius

lays out the chief duties and responsibilities of rulers.

Confucius preferred to teach virtue to people to prevent

wrong behavior, rather than using laws to do so. He argued that

this was more effective stating “Guide them by edicts, keep them

in line with punishments, and the common people will stay out of

trouble but will have no sense of shame. Guide them by virtue,

keep them in line with rites, and they will besides having a

sense of shame, reform themselves.”35 He adds to this point by

out of wedlock, shall enjoy the same social protection. According to the Confucius, if filial piety is practiced, these standards of living and necessary care and assistance to special populations such as mothers and the elderly will be provided, not through government social programs, such as the welfare system that provides a social net in modern Western countries, but rather through the family.

32about rulers 33 meaning moral and virtuous

34 Analects The Analects of Confucius: A Philosophical Translation (New York: Ballantine, 1998). Translated by Roger T. Ames, Henry Rosemont. 13:2 pp 161.

35 Chan, Joseph. "A Confucian perspective on human rights for contemporary China." The East Asian challenge for human rights 212 (1999).pp 232 says found in Analects II:3

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saying “If you desire good, the people will be good”.36 However,

though Confucius was more focused on preventive measures than

laws prohibiting wrong behavior, he did support the use of

punishment when appropriate in the case of wrong behaviors being

made. This can be seen in a passage from the Analects when one of

his disciples asked “What do you say concerning the principle

that injury should be recompensed with kindness?” To which

Confucius replied “With what then would you recompense kindness?

Recompense injury with justice, and recompense kindness with

kindness”37.

36 The Analects of Confucius XII: 19, Translated by Simon Leys W.W. Norton, New York1997.

37 The Analects XIV: 36 Legge, James.  The Chinese Classics, 2nd ed. With a Translation, Critical and Exegetical Notes, Prolegomena, and Copious Indexes. 1893; rpt. Hong Kong: Hong Kong University Press, 1960. Chan, Joseph. "A Confucian perspective on human rights for contemporary China." The East Asian challenge for human rights 212 (1999).pp 227.

This lack of legal protection is one thing that greatly differs between Confucianism and Western Human Rights. As a whole, the West is much more focused on legislation, and thus would argue that this method does not really do anything to prevent harm from being done or get people to do the right thing. This attitude indicates the vast difference between rights based and virtue based ethical discussions. However, despite this criticism, the possibly of distributing justice through punishment is given for wrong action.It is also important to note that in many ways, it could be argued that the rights based, legalistic approach assumes that people will always be in conflict, and it seeks only to provide a finite list of acts that shouldn’t becommitted, and pair those with punishments, or it seeks to have the laws be a deterrence. On the other hand, Confucius seeks to improve society and prevent wrong action through improving the individual through leading a good example

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The Confucian concept of Ren (also expressed as Jen)38 is

possibly one of the most vital and fundamental ideas of the

philosophy. Ren can be summed up best in the common phrase "Do

not do unto others what you would not have them do unto you”39.

This simple yet quintessential concept is I know is one often

taught in schools at an early age. Referred to as the “Golden

Rule”, this idea is the most simple and inclusive way of telling

one to treat others kindly and not harm them. It makes it very

simple in that, if you would not want others to do it to you, why

would it therefore be acceptable for you to do it to them? It is

the stepping stone to teaching a sense of benevolence, altruism,

and humaneness towards others40. This is evident in Slingerland’s

translation, which expresses Ren as meaning to "love others"41 or and work towards self-improvement, which in many ways is a more sustainable approach and one more aimed at improving society as a whole. However, Confucianism isn’t entirely without legal doctrine. This was addressed in a more western way through the later Confucian development of Legalism.38 Cheng, Chung-ying. Chinese Philosophy: A Characterization.39 Koller, pp 204. Article 5 in the United Nation’s Universal Declaration of Human Rights states,“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” A clear connection can be made between this statement and the Confucian concept of the golden rule.

40 Cheng, Chung-ying. Human Rights in Chinese History and Chinese Philosophy.  Comparative Civilizations 1, 1-30: 1979.

41 (Analects: With Selections from Traditional Commentaries (Indianapolis: Hackett Publishing, 2003). Translated by Edward Slingerland. pp 19-20.

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“love all men”42.

 "Jen is the natural desire for fulfilling Li in the spirit of

Yi."43

In learning Ren and truly living it, one becomes inclined to

do good things, and not just do them because you have to or

because you feel loyalty to a particular person, but out of

compassion and ‘concern for suffering of a human person,’ as said

by Mencius.44

This concept of Ren was not just intended for individual

relationships, but was also highly important in government. The

42 Legge, James.  The Chinese Classics, 2nd ed. With a Translation, Critical and Exegetical Notes, Prolegomena, and Copious Indexes. 1893; rpt. Hong Kong: HongKong University Press, 1960. Chan, Joseph. "A Confucian perspective on human rights for contemporary China." The East Asian challenge for human rights 212 (1999). pp 218.This second translation of Ren/jen as love of all men, bares a strong connection to Article 1 of the Universal Declaration of Human Rights, which says “All human beings are born free and equal in dignity and rights. They areendowed with reason and conscience and should act towards one another in a spirit of brotherhood. United Nations” http://www.un.org/en/documents/udhr/ . This idea of brotherhood sounds very similar to the Confucian concept of Ren, which means benevolence and love of all men.

43 Cheng, Chung-ying. Chinese philosophy a characterization, pp. 8

44 Bell, Daniel A.. Beyond Liberal Democracy: Political Thinking for an East Asian Context. Princeton University Press. Princeton, NJ 2006. pp 63.

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emperor, rather than ruling through fear and terror, must earn

the respect given to him by his subjects by abstaining from ill-

treatment of them45. Though the society is hierarchical, it is

unacceptable for those of authority to treat the subordinate is a

cruel or inhuman manner46. If a ruler were to treat their

subjects poorly, they would lose their "Mandate of Heaven"47.

This concept originated in the beginning of the Zhou dynasty, but

had been long forgotten after the country fell into war and

corruption.48 Confucius firmly believed that it was the role of

government to provide for the people and ensure a base standard

of living. Cheng says: “Confucius conceives the purpose of

government as consisting in preserving and multiplying the

people, nourishing and enriching their material living, edifying

and educating them.” He then argues, that in this, it could be

argued that “good living and good educations49” are “fundamental 45 Cheng, Chung-ying. Human Rights in Chinese History and Chinese

Philosophy.  Comparative Civilizations 1, 1-30: 1979.

46 Ibid47 Koller Cheng, Chung-ying. Human Rights in Chinese History and Chinese Philosophy.

Comparative Civilizations 1, 1-30: 1979.

48 Koller49 A major critic of Confucianism, especially in terms of human rights, is thestratified society, and even more so, the clear gender inequality. It is true that there was no gender equality in the Analects. Hierarchy was necessary to

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Rights of People” that need to be provided by government. This

implies that the mandate of heaven was not permanent. Rather, it

could be challenged and taken away by the people if the ruler did

not behave in a virtuous way, by failing to provide these things

to its subject, or committing other errors of oppression 50. In

this way, though Confucius supported a hierarchical society, he

also supported the idea of the ruler having the support of the

people. Both Confucius and Mencius hold that social and political

discussion and criticism are necessary to prevent culture and

politics from degenerating. For example, Confucius justified

provide order. However, they were not supposed to be ill-treated either, but rather treated with benevolence, and they played an important role in the household and the society as a whole. This benevolence is expressed through ren. It is important to note that despite this criticism, there is a clear promotion of equality through education, which can be compared to Article 26 of the Universal Declaration of Human Rights, which says:

(1) Everyone has the right to education. Education shall be free, at least inthe elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basisof merit.

(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship… and shall further the activities … for the maintenance of peace.

50 Ibid

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political speech in terms of its contribution to healthy

politics:

‘If what [a ruler] says is not good and no one goes against him, then is this not almost a case of saying leading the state to ruin?’51

You might think that might only apply to those in

government, Chan argues that this is an incorrect assumption

because, neither Confucius nor Mencius were in government, but

obviously had a lot to say about how government should work and

be run. DeBarry (1999) supports this idea, and gives it firm

grounding by giving the following quote found Legge’s

translation:

“ ‘Why does the Master not take part in government?’ ‘What do theDocuments say about being filial… be filial. Just being filial and friendly towards one’s brothers has its effect on government.Why should one have to take part in government?”52

51 Chan, Joseph. "A Confucian perspective on human rights for contemporary China. The East Asian challenge for human rights " (1999), pp 212 says found in the Analects (unknown translation, if any) XIII: 15; see also XIV: 7; XVI:1.”

52 de Bary, William Theodore, and Bloom, Irene, eds.  Sources of Chinese Tradition, 2nd ed., vol. 1.  New York:  Columbia University Press, 1999.(pg 47 says foundin Legge, James.  The Chinese Classics, 2nd ed. With a Translation, Critical and Exegetical Notes, Prolegomena, and Copious Indexes. 1893; rpt. Hong Kong: HongKong University Press, 1960.

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This clearly indicates that, though respect should be given to a

leader, it must also be earned. Thus, it is in the power of the

people to revoke the Mandate of Heaven, through some sort of

political processes, likely starting first with voicing their

concerns, and then by taking action to remove the oppressive

government and replace it with another, more virtuous one. This

therefore supports the Universal Declaration of Human Rights

Article 19:

“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interferenceand to seek, receive and impart information and ideas through anymedia and regardless of frontiers.” And even Article 21 “(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.” and (3) The will of the people shall be the basis of the authority ofgovernment; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.” 53

This is not meant to imply that Confucius would support

freedom of speech in whatever you want. In fact, he would likely

disapprove of the extent to which freedom of speech and

expression are utilized in many Western nations, especially the 53 United Nations. Universal Declaration of Human Rights.

http://www.un.org/en/documents/udhr/

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U.S.. Rather, he would support the use of this right in that it

gives the freedom to criticize government when it is justly

deserved, without fear of punishment from said government. That,

I believe, was the main purpose for freedom of speech in The U.S.

Bill of rights, for example. Speaking against the king was

punishable by death. They wanted to prevent this from happening

in the future, hence the inclusion of this right. Mencius is also

said to have expanded this to include land ownership and medical

care as well. 54 In fact, this was the extent to which Confucius

spoke of people’s participation in government. His student

Meniscus spoke much more in support of a stronger role of

people’s political participation in certain situations.55

Regardless, the ability to remove an oppressive leader is

revolutionary for its time. Such an idea wouldn't be expressed

until the first democracy was created in Greece. However, a flaw

in this development that creates a major distinction between this

proposed idea of political participation of the people and the

54 Cheng, Chung-ying. Human Rights in Chinese History and Chinese Philosophy.Comparative Civilizations 1, 1-30: 1979.55 Cheng, Chung-ying. Human Rights in Chinese History and Chinese Philosophy.Comparative Civilizations 1, 1-30: 1979.

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one that would follow in the Western doctrine, is that there is

no suggested method of selecting a new ruler. It is also

important to note that, this discussion of rights was discussed

with the rulers as the intended audience.56 It was thought that

rulers needed to recognize these rights and enforced and promote

them, but it was not necessarily important for the people to

enforce and protect their own rights. In this way, rights are

discussed and outlined, despite the fact that the term "rights"

would not be used until about 3,000 years later57.

The concept of Li is one created for the purpose of giving

examples of applying ren to actions in daily life58. It is

translated to mean ritual, but can also be interpreted as

etiquette or manners. One might wonder why something like manners

would be discussed in teachings about how to improve society and

prevent war, but the answer to this is simple. If one wants to

learn how to live a good life and treat others well, one must

first start small with individual actions in personal daily

relations. This is important in that Confucius believed in

56 Ibid57 Ibid58 Cheng, Chung-ying. Chinese Philosophy: A Characterization

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creating a society that was good and harmonious not through

overhead sources, but by starting at the base of society with

individuals and individual relationships. If you are good in your

daily life you are more likely to be good in other things.59

Conclusion

When comparing Ancient China to the modern Western society,

it is apparent that there are several key differences that have

had a vast impact on their perceptions of human relations and

governance. Among these differences are those that state the role

of the individual in relation to the larger society, namely the

individualistic view of the West in contrast to the collectivist

in standpoint of China. Also important are the different

approaches taken to governance over society, and the way in which

deviant or harmful behavior is treated. While the West has taken

a legalistic, rights based approach, Confucius strived for a

virtue driven society.

And finally, as a result of historical differences, China has had

59 Cheng, Chung-ying. Human Rights in Chinese History and Chinese Philosophy.  Comparative Civilizations 1, 1-30: 1979.

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a much more hierarchical society than the West, which has been

moving more towards an egalitarian ideal since it ended the

feudal era.

However, despite these differences, there are undeniable

similarities between these two world views, that have had

significant impact on the struggle for a more perfect society in

which all members enjoy a better quality of life, and both

Confucianism and modern human rights have developed as a direct

result of years of war and the effort of great thinkers to

resolve the social problems that have resulted from this

conflict; especially given that the goal of Confucianism is to

improve society and create harmony, and the same could be said of

human rights. Here I conclude by that are many similarities

between the virtues taught in Confucianism and values in modern

human rights doctrine.

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References

The Analects of Confucius. Trans Appelbaum, Stanley. Dover Thrift Publications. NY 1995.

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The Analects of Confucius: A Philosophical Translation (New York: Ballantine, 1998). Translated by Roger T. Ames, Henry Rosemont.

The Analects of Confucius XII: 19, Translated by Simon Leys W.W. Norton, New York1997.

Analects: With Selections from Traditional Commentaries (Indianapolis: HackettPublishing, 2003). Translated by Edward Slingerland.

Bell, Daniel A.. Beyond Liberal Democracy: Political Thinking foran East Asian Context. Princeton University Press. Princeton, NJ 2006.

Chan, Joseph. "A Confucian perspective on human rights for contemporary China." The East Asian challenge for human rights 212 (1999). [ Online]. http://www3.nccu.edu.tw/~kangchan/readings/CPP/Chan_J(1999).pdf

Cheng, Chung-ying. Chinese Philosophy: A Characterization [given to me by Dr. Fitz… possible journal sources are Inquiry: An Interdisciplinary Journal of Philosophy 14, pp11-137. 1971. Or Invitation to Chinese Philosophy. Eds Arne Naess and Alastair Hamny/ Oslo: Universitetsforlaget, 141-165. 1972. Both are cited in Cheng’s CV with the title of this article.

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Cheng, Chung-ying. Human Rights in Chinese History and Chinese Philosophy.  Comparative Civilizations 1, 1-30: 1979.

de Bary, Wm. Theodore and Wing-tsit Chan, Sources of Chinese Tradition, CUP 1st ed. 1960, 2nd ed

de Bary, William Theodore, and Bloom, Irene, eds.  Sources of ChineseTradition, 2nd ed., vol. 1.  New York:  Columbia University Press, 1999. 

Koller, John M., and Patricia Joyce Koller. Asian philosophies. 5th ed. Upper Saddle River,N.J.: Prentice Hall, 2002.

Legge, James.  The Chinese Classics, 2nd ed. With a Translation, Critical and Exegetical Notes, Prolegomena, and Copious Indexes. 1893; rpt. Hong Kong: Hong Kong University Press, 1960. -ebook

United Nations. Universal Declaration of Human Rights. http://www.un.org/en/documents/udhr/

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