Justin Tiwald

Liang Tao and Kuang Zhao, trans. Confucian rights can be characterized as a kind of “fallback apparatus,” necessary only when preferred mechanisms—for example, familial and neighborly care or traditional courtesies—would otherwise fail to protect basic human interests. In this paper, I argue that the very existence of such rights is contingent on their ability to function as remedies for dysfunctional social relationships or failures to develop the virtues that sustain harmonious Confucian relationships. Moreover, these remedies are not, strictly speaking, rights-based, for having a right consists in having the power to claim one's rights for oneself, which the classical Confucians would curtail. I conclude by noting how we might revise standard assumptions about the practice of “claiming one's rights” to make it more compatible with core Confucian principles. 梁涛 匡钊译 儒家权利可称为是一种“备用机制”（fallback apparatus），诉诸权利仅当其他首选机制，如家族与邻里的关怀或对传统礼俗的依赖等，不能有效维护人们的基本利益时才是必要的。儒家权利的存在取决于其补救功能，其需要补救的是儒家谐社会关系及相应美德中出现的危机、过失。但儒家的补救并不完全是基于权利之上的，古典儒家不认为人民可以代表自己提出主张，也不认为民众可以直接推翻昏庸的暴君，有抵抗权的主要是汤、武等第一级的贵族。对于儒家国家来讲，从制度上认可人民的权利主张可能是获得社会和谐最有效的手段。

In Stephen Angle’s Sagehood, he contends that Neo-Confucian philosophers reject ways of moral thinking that draw hard and fast lines between self-directed or prudential concerns (about what is good for me) and other-directed or moral concerns (about what is right, just, virtuous, etc.), and suggests that they are right to do so. In this paper, I spell out Angle’s arguments and interpretation in greater detail and then consider whether they are faithful to one of the chief figures in Neo-Confucian thought. I begin by identifying some of the better-known ways in which moral philosophers give special treatment to prudential considerations, and say which of these Angle’s reading of the Neo-Confucians appears to rule out. After laying this groundwork, I proceed to test Angle’s interpretation against the moral thought of history’s most influential Neo-Confucian philosopher, Zhu Xi 朱熹 (1130-1200), arguing that even on Angle’s own reading, there are certain respects in which Zhu preserves the distinction, although by Angle’s lights these ways are perhaps less pernicious than their contemporary equivalents. I also look closely at how Angle uses the psychological structure of humane love (ren 仁) to undermine the prudence-versus-morality distinction. Here I suggest that the better way to phrase his point is to say that prudence drops out or becomes an ethically incoherent concept, which is something quite different from rejecting or collapsing the distinction between prudence and morality

An exceptional contribution to the teaching and study of Chinese thought, this anthology provides fifty-eight selections arranged chronologically in five main sections: Han Thought, Chinese Buddhism, Neo-Confucianism, Late Imperial Confucianism, and the early Twentieth Century. The editors have selected writings that have been influential, that are philosophically engaging, and that can be understood as elements of an ongoing dialogue, particularly on issues regarding ethical cultivation, human nature, virtue, government, and the underlying structure of the universe. Within those topics, issues of contemporary interest, such as Chinese ideas about gender and the experiences of women, are brought to light. -/- Introductions to each main section provide an overview of the period, while brief headnotes to selections highlight key points. -/- The translations are the works of many distinguished scholars, and were chosen for their accuracy and accessibility, especially for students, general readers, and scholars who do not read Chinese. Special effort has been made to maintain consistency of key terms across translations. -/- Also included are a glossary, bibliography, index of names, and an index locorum of The Four Books.

I argue that Dai Zhen’s account of sympathetic concern is distinguished from other accounts of sympathy (and empathy) by several features, the most important of which are the following: First, he sees the awareness of our similarities to others as a necessary condition for sympathy but not a constituent of it. Second, the relevant similarities are those that are grounded in our common status as living creatures, and not in our common powers of autonomy or other traits that are often taken to be distinguishing features of persons. Finally, Dai thinks that when we properly sympathize with others, we value their well-being in a way that mimics the way we value our own. This last feature helps to explain two important claims about the place of sympathy in moral action: that it necessarily requires perspective-taking (at least with respect to most other human beings), and that it provides indirect motives to be virtuous, which even imperfect moral agents can draw upon. In the course of making my argument, I identify salient differences between Dai’s variant of sympathy and some of its closest relatives, including Aristotelian pity and Buddhist compassion.

In this chapter, I explicate several general views and arguments that bear on the notion and contemporary theories of human welfare, as found in two foundational Daoist texts, the Daodejing and the Zhuangzi. Ideas drawn from the Daodejing include its objections to desire theories of human welfare and its distinction between natural and acquired desires. Insights drawn from the Zhuangzi include its arguments against the view that death is bad for the dead, its attempt to develop a workable theory of well-being for those who are skeptical about such theories, and the prudential benefits of what I call "philosophical double-vision."

Mengzi believed that tyrannical rulers can be justifiably deposed, and many contemporary scholars see this as evidence that that Mengzi endorsed a right of popular rebellion. I argue that the text of the Mengzi reveals a more mixed view, and does so in two respects. First, it suggests that the people are sometimes permitted to participate in a rebellion but not permitted to decide for themselves when rebellion is warranted. Second, it gives appropriate moral weight not to the people’s judgments about the justifiability of rebelling, but rather to certain affections and behaviors that closely track their life satisfaction. I contend that in both respects the permissions Mengzi grants the people fall short of a proper right of rebellion. I conclude that the more historical account of Mengzi’s “just revolt theory” suggests an intriguing division of justificatory labor, and note some of the advantages of this account.

This paper is devoted to explicating Dai Zhen’s defense of self-interested desires, over and against a tradition that sets strict limits to their range and function in moral agency. I begin by setting the terms of the debate between Dai and his opponents, noting that the dispute turns largely on the moral status of directly self-interested desires, or desires for one’s own good as such. I then consider three of Dai’s arguments against views that miscategorize or undervalue directly self-interested desires. I begin with the most widely recognized line of defense, which holds that the suppression of such desires makes those in positions of authority less sensitive to the mistreatment of those with whose interests they are entrusted. I call this the “Pity for the Powerless” argument. I then explore an argument that Dai offers in the form of a multi-faceted metaphor, which likens the suppression of desires to attempts to block or dam natural waterways. I call this is the “Damming the Desires” argument. I conclude with a brief summary of a third and fundamental defense implied by structural features of ethics as Dai understands them. On my reading, Dai thinks ethics is concerned first and foremost with the character traits and resultant behavior that allow us to participate in relationships, and the relationships in question are mutually beneficial, not one-sided or reciprocal. I call this the “Argument from Mutual Fulfillment.” On the view spelled out here, directly self-interested desires are not just morally tolerable, nor is the possession of them merely a necessary condition for the possession of moral virtue; instead, moral virtue is constituted in part by self-interested desires. This is the strong position that Dai endorses when he characterizes the Confucian path as the “way of mutual fulfillment.”

This chapter explains how Xunzi's text and views helped shape the thought of the Neo-Confucian philosophers, noting and explicating some areas of influence long overlooked in modern scholarship. It begins with a general overview of Xunzi’s changing position in the tradition (“Xunzi’s Status in Neo-Confucian Thought”), in which I discuss Xunzi’s status in three general periods of Neo-Confucian era: the early period, in which Neo-Confucian views of Xunzi were varied and somewhat ambiguous, the “mature” period, in which a broad consensus formed and then became orthodoxy for several centuries, and a late and often overlooked reassessment of Xunzi that took place in the eighteenth and nineteenth centuries. In the second section (“Debating Human Nature on Xunzi’s Terms”), I discuss in greater detail Neo-Confucian criticisms of Xunzi’s views on human nature, noting that in key respects the Neo-Confucians accepted Xunzi’s somewhat uncharitable characterization of the doctrine that human nature is good, thereby taking on a considerably greater burden of proof than necessary. In the third section (“Virtue without Roots”), I attempt to explicate what is perhaps the most prominent but also the most laconic Neo-Confucian criticism of Xunzi, which is that Xunzi misunderstands the “great root” or “great foundation” of cosmic and social order, finding it in conventional human relationships rather than in the deeper, purer and more powerful inner workings of human nature. In the final section (“The Accretional Theory of Knowledge Acquisition”), I explain how the major differences between Xunzi and his Neo-Confucian critics can be cast as a dispute about how moral knowledge is acquired, where Xunzi’s critics assume that acquiring moral knowledge of any meaningful kind is impossible without a natural base or foundation of moral knowledge to begin with.

The past couple of decades have witnessed a remarkable burst of philosophical energy and talent devoted to virtue ethical approaches to Confucianism, including several books, articles, and even high-profile workshops and conferences that make connections between Confucianism and either virtue ethics as such or moral philosophers widely regarded as virtue ethicists. Those who do not work in the combination of Chinese philosophy and ethics may wonder what all of the fuss is about. Others may be more familiar with the issues but have doubts about the fruitfulness of this line of inquiry. It is therefore worth asking whether a constructive engagement between Confucianism and virtue ethics is worth turning into a significant, multi-generational research agenda. Most answers to this question will fall somewhere between two poles. At one end is the view that the line of inquiry has run its course, if ever there were a course to run in the first place; at the opposite end is the view that we’re only just getting started. And then there is a wide range of more moderate views falling between these two positions. Far from having exhausted the potential of virtue ethical approaches to Confucianism, I think we are standing on a philosophical gold mine that we’ve only just begun to tap. In what follows I would like to explain briefly why I take this to be the case.

One of the most high-profile debates in Chinese philosophy concerns the compatibility of human and individual rights with basic Confucian doctrines and practices. Defenders of the incompatibilist view argue that rights are inconsistent with Confucianism because rights are (necessarily) role-independent obligations and entitlements, whereas Confucians think that all obligations and entitlements are role-dependent. Two other arguments have to do with the practice of claiming one's own rights, holding (a) that claiming one's rights undercuts family-like community bonds and (b) that giving everyone license to claim her own rights is incompatible with certain hierarchical social structures that Confucians value. In this essay, I show that these arguments are too crudely formulated to identify the real points of contention with rights compatibilism, and then develop versions of two of the arguments which, when properly qualified, pose a more serious challenge for those who think rights and a license to claim one's own rights are consistent with core Confucian views.

In Chinese tradition Confucianism has been always both a philosophy of moral self-cultivation for the human individual and an ideological guide for political institutional policy and governmental action. After the May 4th Movement of 1919 (WusiYundong ), Confucianism lost much of its moral appeal and political authority and entered a kind of limbo, bearing blame for the backwardness and weakening of China. Now that China has asserted its political rights among world nations, it seems natural to ask whether Confucianism as a philosophy has a modern or even postmodern role to play for building modern China and for enlightening the world. This question is even more meaningful in light of the fact that there is a genuine need felt in China for a return to its Confucian heritage and vision for purposes of sustaining societal harmonization and reconstructing cultural identity in the modern world.