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Between Deontology And Justice: Chinese And Western Perspectives PDF

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Between Deontology and Justice In China, political philosophy is still a comparatively new academic discipline. While there is no such term as “political philosophy” in ancient Chinese texts, there are elements within them that could be considered part of that field. Cen- tral questions of Chinese ancient political philosophy include the legitimacy of the source of political power, the foundation of moral rationality for the use of political power, and the purpose of political activities. This book explores the idea of rights, the foundations of law, transference of power, democracy, and other topics as debated in ancient times. Focusing on important political thinkers in Chinese history, such as Kongzi, Laozi, Xu Fuguan, Liang Qichao, and Li Dazhao, the book explains characteris- tics that are particular to China, such as the system of abdication, the general will of the people, and the society of Great Harmony. While making compari- sons between Chinese and Western political philosophy, the book also discusses how to establish a Chinese modern state and how to promote Chinese culture today so that it can influence more and more people around the world. The book will be a valuable reference for scholars of Chinese philosophy, political philosophy, and Chinese culture. Genyou Wu, Yangzi Chair Professor of Philosophy at Wuhan University, specializes in the history of Chinese philosophy, comparative philosophy, and political philosophy. Yong Li, Associate Professor of Philosophy, Wuhan University. Zemian Zheng, Assistant Professor of Philosophy, Chinese University of Hong Kong. Jianjun Li, Assistant Professor of Philosophy, Wuhan University. Routledge Studies in Contemporary Chinese Philosophy Itiswidelyrecognizedthatinscience,industry,andtechnologyChinaisamodern superpower. However, there is still a common stereotype that Chinese philosophy consists of nothing but the earnest repetition of quaint sayings from long-dead sages.Inactuality,philosophyinChinatodayisvibrantandintellectuallydiverse. Theaimofthisseriesistopublishtranslationsofthebestandmostrepresentative works by contemporary Chinese philosophers. The books in this series include con- temporarystudiesofthehistoryofChineseorWesternphilosophy,aswellasoriginal worksofresearchinethics,politicalphilosophy,metaphysics,andotherareas.Routle- dgeStudiesinContemporaryChinesePhilosophyseekstofillthelargegapthatcur- rentlyexistsinthestudyofChinesephilosophybyprovidinghigh-qualitytranslations toEnglish-languagescholars. Series Editor: Bryan W. Van Norden, Vassar College, USA Yong Li, Wuhan University, China Titles in this series currently include: Confucius and Modern World CHEN Lai Between Deontology and Justice Chinese and Western Perspectives WU Genyou Secret Subversion I: Mou Zongsan, Kant, and Original Confucianism TANG Wenming Secret Subversion II: Mou Zongsan, Kant, and Original Confucianism TANG Wenming A History of Classical Chinese Thought LI Zehou, translated by Andrew Lambert For more information, please visit www.routledge.com/Routledge-Studies-in- Contemporary-Chinese-Philosophy/book-series/RSCCP Between Deontology and Justice Chinese and Western Perspectives Genyou Wu Translated by Yong Li, Zemian Zheng, and Jianjun Li FirstpublishedinEnglish2020 byRoutledge 2ParkSquare,MiltonPark,Abingdon,OxonOX144RN andbyRoutledge 52VanderbiltAvenue,NewYork,NY10017 RoutledgeisanimprintoftheTaylor&FrancisGroup,aninformabusiness ©2020GenyouWu TranslatedbyYongLi,ZemianZheng,andJianjunLi TherightofGenyouWutobeidentifiedasauthorofthisworkhasbeen assertedbyhiminaccordancewithsections77and78oftheCopyright, DesignsandPatentsAct1988. Allrightsreserved.Nopartofthisbookmaybereprintedorreproduced orutilizedinanyformorbyanyelectronic,mechanical,orothermeans, nowknownorhereafterinvented,includingphotocopyingandrecording, orinanyinformationstorageorretrievalsystem,withoutpermissionin writingfromthepublishers. Trademarknotice:Productorcorporatenamesmaybetrademarksor registeredtrademarks,andareusedonlyforidentificationand explanationwithoutintenttoinfringe. BritishLibraryCataloguing-in-PublicationData AcataloguerecordforthisbookisavailablefromtheBritishLibrary LibraryofCongressCataloging-in-PublicationData Acatalogrecordhasbeenrequestedforthisbook ISBN:978-0-8153-8311-6(hbk) ISBN:978-0-367-85535-2(ebk) TypesetinTimesNewRoman bySwales&Willis,Exeter,Devon,UK Contents Foreword:introducingGenyouWu vii BRYANWILLIAMVANNORDEN Preface:politicalphilosophyandChinesepoliticalphilosophy viii PARTI 1 1 Thetheoryofdaoyi:aconcisetreatiseonConfucius’spolitical philosophyandhisargumentationaboutthelegitimacyof politicalpower 3 2 “LawcomesfromDao”:thephilosophyoflawinthesilkmanuscript YellowEmperor’sFourCanons 18 3 Transferringtotheworthiesratherthantothesons:thepolitical philosophyintheShanghaiMuseumbambooslipsmanuscriptRong ChengShi(容成氏)andthequestionofwhichschoolitbelongsto 34 4 Strivingfordemocracy:ConfucianpoliticalphilosophyintheMing andQingdynasties 45 PARTII 55 5 Laozi’sviewofharmonyandtheidealofsocialjustice 57 6 Anewinterpretationof“preservegreatharmonyinunion,andthe resultisadvantageous,correct,andfirm”:therelationbetweensocial fairnessandutilityinthe“CommentariesontheBookofChanges” 65 7 TheConfucian“kinglyWayforallunderHeaven”andcontemporary internationalpeace 77 vi Contents PARTIII 105 8 FreedominthehistoryofChinesethought:vocabulary, concept,andidea 107 9 The“culturalliberalism”ofXuFuguan 125 10 XuFuguanandConfucianpoliticalphilosophy 134 11 OnthepossibilityofdialoguebetweentheConfuciandoctrineof “humaneness”andliberalismfromahumanisticpointofview 148 12 OnLiangQichao’sideaoflibertyinhisearlierworks 164 13 AreviewofLiDazhao’ssocialideal 182 14 Individualfreedomandtheidealsociety:theideasoffreedom ofYinHaiguangandFengQiincomparison 198 PARTIV 215 15 The“Chinese/barbariandistinction”andculturalnationalism 217 16 Minben(民本)anddemocracy:acomparisonofpoliticalideas betweenChinaandtheWest 230 17 Frompoliticalconstitutionalismtointernationalpolitical constitutionalism:thereasoningofRawls’spoliticalliberalism 260 18 PoliticaldemocracyandChinesedemocracy:thoughtson Chinesepoliticalreformsandregionalconflictsintheworld 275 References 282 Index 287 Foreword Introducing Genyou Wu Professor Genyou Wu needs no introduction to scholars in China, where he is a distinguished professor in the School of Philosophy at Wuhan University, one of the top universities in the country, and also a Yangtze River Scholar, an honor given only to leading figures in their fields. Professor Wu is best known for his work on Chinese legal and political philosophy, especially in a comparative perspective. His work is historical, but he always has an eye on the contemporary relevance of history. Professor Wu is in the tradition of clas- sical thinkers like Confucius in China and Cicero in the West, who believe that law and government have their ultimate foundation in morality, and morality has its ultimate foundation in the fabric of the universe. We can only hope that these humanistic ideals will have increasing significance in China. The present collection of essays gives a good sense of the overall trajectory of Professor Wu’s work. However, this is not an introductory book. Readers with no background in Chinese political philosophy would be well advised to first read some overviews of Chinese philosophy and intellectual history. But those who are equipped to follow Professor Wu’s learned and often subtle argu- ments will learn a great deal. Bryan William Van Norden, Series Co-Editor, Routledge Studies in Contemporary Chinese Philosophy Preface Political philosophy and Chinese political philosophy In China political philosophy is a new academic discipline. There is no agree- ment about the content, subject, or nature of this discipline. However, although there is no such term as “political philosophy” in early Chinese texts, there was in fact political philosophy, one of whose basic concepts is the idea of minben (民本, people as the foundation of government), which is very familiar to a modern audience. The ideal of the “kingly Way” (wang dao, 王道), the ques- tion of the distinction between China and its neighboring nations, and so on can all be discussed in the framework of political philosophy. Since philosophy as a modern discipline came from the West, it is impossible to talk about questions of philosophy without mentioning the relevant Western view. Such is the case in political philosophy. Let’s use the view of Leo Strauss as an example to see one modern Western philosopher’s view of the nature of political philosophy. Strauss inherits the view of philosophy from the ancient Greek tradition of Plato. He believes that philosophy is the pursuit of truth, and is therefore opposed to mere opinions. Since political philosophy belongs to philosophy, it is a discipline that pursues the truth of political activities, not just opinions about political activities. Therefore political philosophy is differenti- ated from mere “political thought” in a general sense.1 Political philosophy is also different from political science. Political science belongs to social science. In the realm of social science, since Comte’s positivism, there has been a tendency to transform social science into natural science; the neo- positivism after Comte proceeded to claim that researchers should be neutral so that theirownvaluetendencieswillnotbiastheirresearchinthehumanitiesandinsocial science. Although this claim has a certain influence, it is in fact impossible. Leo Strausshasadifferentviewabouttheso-called“neutrality”inmodernacademia. Strauss even came up with the radical statement that there has recently been no political philosophy at all, but only a history of political philosophy. This is not unfamiliar to us, since Hegel claimed that “philosophy is history of philoso- phy.” Just as there is no consensus in the definition of philosophy, it is also dif- ficult to reach a consensus about the nature of political philosophy. This, to be sure, does not deny the necessity of political reflection about the nature of polit- ical activities. Preface ix In fact, every historical period has its own philosophical reflections on the nature of political activities. Themes and highlights vary from period to period. There is no unified or fixed theme for political philosophy. From the perspective of comparative political philosophy, due to the differing environments of human life and cultures of different nations, their political philosophical concerns are different from one another. For example, in ancient Greece, Plato’s Republic reflects more on the question of justice of a city-state and of an individual person; at about the same time, Mencius reflects on the foundation of the moral- ity and legality of the politics of the feudal states, and correspondingly on the distinction between righteousness and utility in politics. Generally speaking, ancient Chinese Confucian political philosophy is concerned more about the legitimacy of the source and employment of the ultimate political power of the king; it is concerned more about the question of daoyi (道义, Way and right- eousness), and is different from the theories of justice developed in Western political philosophy. Roughly speaking, the central question for ancient Chinese political philoso- phy is reflection on the legitimacy of the source of political power, the founda- tion of moral rationality in the usage of political power, and the purpose of political activities; however, there is not much reflection on the methodological question as to how to use political power, and the question of checks and bal- ances in political power. The pre-Qin philosophers’ story about abdication, the view of respecting the worthies, and the view that the political power of a king is conferred by Heaven, all belong to thoughts about the transition of political power, the subject in using political power, as well as the legitimacy of the source of political power. Huang Zongxi’s (黄宗羲) Ming Yi Dai Fang Lu (明夷待访录)2marksaturningpoint.Theopeningchapters“YuanJun”(原君,“On thePrince”)and“YuanChen”(原臣,“OnMinistership”)werestilldiscussing,albeit in a new fashion, the legitimacy of the source of political power; however, “Yuan Fa”(原法,“OnLaw”)discussesthepurposeofpoliticalactivitiesandthefoundation for the rationality of institutions. Compared with previous thinkers, Huang Zongxi’s discussionofthe checksandbalancesofpoliticalpowerismoresystematic.Heand his contemporaries Gu Yanwu (顾炎武) and Wang Fuzhi (王夫之) all discuss the checks and balances of the highest political power, creating a new orientation for Chinesepoliticalphilosophy. In the history of Chinese classical Confucian political philosophy, the three questions, namely, the legitimacy of the source of political power, the founda- tion of the moral rationality of the usage of political power, and the purpose of political activities, are unified in the framework of the political idea of minben (民本, people as the foundation of government). The idea that Heaven sees and listens through the people appeared in the Shang Shu (尚书, Book of Docu- ments), a historical book of great significance for political philosophy, which for the first time in Chinese history transformed the religious view that government is based on the will of gods to the secularized and rationalized view that the foundation of government is the people. It is believed that the people are the foundation of the country; when the foundation is solid, the country is peaceful.

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