A weakness in Confucianism: Private and public moralities Author(s): Dahua CUI and Huang Deyuan Source: Frontiers of Philosophy

in China, Vol. 2, No. 4 (October 2007), pp. 517-532 Published by: Stable URL: http://www.jstor.org/stable/27823312 . Accessed: 28/11/2013 05:00
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Front.Philos. China 2007, 2(4): 517-532 DOI 10.1007/s11466-007-0033-z

research
CUI Dahua

article

A weakness inConfucianism: Private and public moralities

o Higher Education Press and Springer-Verlag 2007 Abstract In a society dominated by Confucian ethics, a spirit of Confucian public morality can be seen in the Confucian debate over publicness and privateness, but it is usually activated in circumstances of large ethical crisis. Confucian theory mainly uses ethical relationships to create self and social

identities, causing problems of identification in the public life and hindering the in public expression of moral feelings and actions, thus revealing a weakness a to not cover, and yet been able morality. This is space thatConfucianism has also where ithas room for growth. Chinese

Keywords

philosophy, Confucianism,

ethical

identification, private

morality, public morality

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Introduction

In the early 20th century, Liang Qichao, an enthusiastic leader and participant of social reform in China, asserted in his well-known work Xin Min Shuo SrKi? (On theNew People): Translated by Huang Deyuan from Wen Shi Zhe X?? Philosophy), 2006,(1): 30 36 CUI Dahua (Ej)
E-mail Institute of Philosophy, : cui dahua@gmai Henan com 1. Academy of Social Sciences, Zhengzhou 450002,

(Journalof Literature,History and

China

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518

CUI Dahua

It is private morality when one tries to improve his own morality, and public morality when he works to improve the community he lives in. It is undeniable that ethics developed early in China, but it focused on private morality, and

the field of public morality was like a vacuum. Skimming over Lunyu i?i? (The Analects) and Mengzi ST (Mencius) and other classical books which serve as sources of morality and ethics for Chinese people, one can find that than nine-tenths of their contents deal with private morality, and the parts involving public morality are less than one-tenth. The very reason that we people

more

Chinese

seldom regard the affairs of the nation as ours lies in the fact that a general meaning of public morality has not been articulated.

Liang's remarks were an observation of worsening social morals at the end of the Qing Dynasty when the Chinese nation was declining. His analysis and of moral about the defaults of the genesis and development conclusion consciousness, which come from the fact that Confucian social life was ruled absolutely by ethical relationships and therewas no leeway for public life,were well-founded. Liang defined and differentiated between private morality and public morality using "self and "community," and called for the growth of a

"new people" with public morals. Here, the author defines and compares private morality and public morality using "ethics" and "public", and reviews weaknesses in the Confucian tradition.

2 If "public morality" can be defined as public behavior with moral connotations in the "contractual"1 public life, then both moral concepts and practices in the Confucian tradition can be regarded as "private morality." In a broader sense, however, discrimination between the "public" and "private" in Confucian social life is also uniquely manifested in "public morality." In Confucian thought, the debate over public and private is clearly a self-conscious morality. The ancient

classic Shang Shu (ib^ (The Book ofHistory) said that "people admire those who of the Song replace private interests with public ones," and a Neo-Confucian are to judge "the the criteria said that and which Dynasty public only by private

1 In the 17th of century,theBritish philosopher Thomas Hobbes defined themutual transfer of rights is possible only rightsas a "contract" (Hobbes 1985,p. 100). Evidently, the transfer
when individuals exist as

British law historian in the 19th centurydepicted the eventual formationofmodem Western
counters civil society as a movement from status to contract (Maine 1959, p. 97). A "contract" a "status," the realm of public life composed here the "contract" of independent implies

independent

subjects

with

equal

rights. Therefore,

Maine

S, a

fromthedependent ethical life. with equal rights, which isdifferent individualsubjects

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A weakness

in Confucianism:

Private

and public moralities

519

a person, and vice and propriety are the way to discern the world" (Li 1986, Vol. 13). Therefore, the public and private are also a standard to judge the good and evil in everyone's behavior. In the Confucian tradition, social lifewas ruled absolutely by ethics. Therefore, the "private" and "public" were manifested in an ethical life, and could often be defined by the following two circumstances. First, one would be thought to be "selfish" if he failed to carry out his responsibility

and obligation for an ethical community (families, state, and nation) because of his own interests, desires or persuasion. It was from this angle that the Neo-Confucians of the Song Dynasty observed and criticized Buddhists and Daoists who exempted themselves from an ethical life and belittled Confucian

itwas "public" when one ignored his interests for an positions. Conversely, a ethical community at higher level. This relationship of ethical hierarchy existed between families (represented by scholar-bureaucrats) and states (represented by entitled lords) and between states and the nation (represented by a king) during the feudal period before theQin Dynasty, and between families (individuals) and the state or nation during the centralized monarchist periods after the Han

their expedient self-interests"(Li 1986, Vol. 126).2 Second, one ethical community or its members wOuld be thought to be "selfish" if they refused to carry out their obligations for an ethical community at a higher level for the sake of their own

ethics. For example, theCheng Brothers remarked that "Buddhists are just selfish and pursue personal benefit; they choose to live a dull life in deserted sites and satisfy themselves" (Cheng 1981, Chengshi Yishu iSPcii )5).And Zhu Xi said, rests "The fault of Buddhists in their dislike of selfishness; and that of Daoists in

One story is about Yu Pian, who was a trusted follower of Zhao Dun, a powerful minister during the regime of Jinxianggong (Prince Xiang of the Jin State). Once, Yu Pian was insulted by Jia Jiwhen the former inspected troops in Yi M. As a powerful minister of the Jin State, Jia Ji sent Xu Jianbo to assassinate Yang Chufu. After his plot was revealed, Jia Jifled to theDi State. Showing his respect

Dynasty. There are two stories from the Zuozhuang ?f# (the Zuo Qiuming Edition of the Spring and Autumn Annals) that illustrate the Confucian ideas of "public" and "private" in the ancient world.

for Jia Ji,Zhao Dun arranged Yu Pian to escort Jia's wives and children to reunite with him there.Yu's companions urged him to take this chance and kill everyone in the family of Jia to revenge the previous insult. However, Yu Pian refused on account of three moral reasons (no bravery7, no wisdom and no loyalty), and escorted Jia's family and property by himself to the border of Di. In this event,

2As Zhu Xi said, "The learningof Buddhism and Daoism can be easily understood at the firstglance. Their denial of scmgangwuchang (Three Cardinal Guides and theFive Constant Virtues) makes them extremelyguilty, let alone theirother doctrines" (Li 1986,
Vol. Daoism 126), the assertion by Neo-Confucians were "egoism" was apparently made with of the Song Dynasty this fundamental that both Buddhism ethical and idea as a premise.

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520 Yu's

CUI Dahua

understanding and practice of "loyalty" demonstrated the Confucian ideas of "public" and "private," for his mission to escort Jia's wives and children toDi on Zhao's order represented the state (the Jin State), that is, the "public." If he had killed them because of his own hatred he would have had "no loyalty in harming the public for the sake of privateness." In other words, he would have failed to carry out his ethical obligation and responsibility towards the state. The other is a story about Hui Bojiao. As an official of theLu State, Hui Bojiao once accompanied Shugong, another official of a higher rank in the same state, to

attend the funeral of Tengchenggong (Prince Chenggong of the Teng State). It happened to be the anniversary of the death of Hui's father on the day that they reached the border of Teng. In the Confucian tradition, therewas a rule that "one assistant's

he did otherwise. However, Hui persuaded him to enter the territory of Teng immediately and carry out his mission as a messenger saying, "I am on public business when I visit Teng on behalf of Lu. Business is business, and we need not take any private taboos into account. Therefore, I would like to go first and

should not enjoy music on the anniversary of his father's death."3 Aware of his circumstances, Shugong planned to linger for one more day before entering Teng, for Hui would have to receive ceremonial greetings from Teng if

of Yu Pian who did not want to hinder the "public" with "private" obligations. Their activities should also be regarded as self-conscious practice of obligation and responsibility towards a state as an ethical community, which had precedence over the family.

discerned the prepare for your arrival with your permission." Hui Bojiao difference between "public" and "private." Here, "public" meant the interests of a state as an ethical community, and the interests of individuals or families were "private," so his actions without regard to private taboos were like the "loyalty"

However, public morality was unique in terms of its forms. In Confucian ethical social life, people generally lived and grew up in families as ethical communities,
3As the Book

was widely accepted by society and evident in the social life of Confucians. If these actions could be referred to as a kind of public morality, then the source of such morality was profuse but scarce in both Confucianism and Confucian life.

The idea "not to abandon a king's business for the sake of one's own but one's own for the sake of the king's" was a moral ethic that placed the public interests of a state or nation before the private ones of individuals or families. This idea

has somethingsublime inhismind on thatday and thusdare not indulgehimself inhis own
business." (Jiyi %&X) ago, but a worthy man prevents any troubles "After a three-year funeral, the death would be thought as an event long it.Therefore, he cares for his whole remembers life, and thus successfully from occurring. That iswhy he does not enjoy music on the anniversary

the rules of a lifelong says, "The saying that a worthy man observes of Rituals refers to the anniversary of a death. The reason why no activities are performed on the means of a death has nothing to do with the issue of auspices. that one Instead, it anniversary funeral

of a death" (Tangong ShangW/&-t).

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A weakness

in Confucianism:

Private

and public moralities

521

a form of moral reasoning or a cultural perception within the Itwas not and could not be closely felt all the time like was and it family life, especially so when a society was in ethical disorder and a state did not have enough power tomobilize. Lin Sheng of the Southern Song Dynasty once wrote a poem titled "An Inscription in Lin'an Mansion," which families was collective consciousness. described the poor morale of the Song Dynasty after ithad retreated toHangzhou to drag out an ignoble existence: Mansion

guaranteed the improvement and cohesiveness of families,4 and thus actions of filial piety became themost importantmoral practices. Family interests, i.e. the happiness of the family members, have central importance in people's daily lives. The Confucian idea that a state or a nation had greater interests and value than

and through many kindred relationships and appellations, they had a sense of identity. Confucians even defined or measured people by "filial piety," which

compounds stretch surrounded by scenic ranges of mountains, And the singing and dancing are pleasant and last forever. Sightseers are intoxicated by thewarm wind of Hangzhou, And they think not of their captured capital. In Taohuashan

a story of the early Qing ty?f?l? (Fan of Peachblossom), act the first the of indifference the Dynasty, depicts people of Nanjing when the were forces of the Southern cornered by troops from remaining Ming Dynasty

the Qing Dynasty:

Beside

imitate the people of the Southern Dynasties, which had fallen because of these indulgences. However, to tell the truth after thinking it over, how could one blame the scenery for their decline?

Sunchu Lou (Building Sunchu) and at Mochou Hu (Mochou Lake), there are beautiful and newly planted weeping poplars. At themost scenic site, liquor is sold in the pleasant afternoon sunlight. Tourists enjoy it and love to

All these criticized people who pursued things for their own benefit, and were not interested in or neglected the survival and interests of the state or the nation, lacked "public morality." However, i.e. those who in the public morality Confucian tradition could appear strongly on this occasion. The Confucian ethics and moral consciousness thatvalued a state or nation much more than individuals

and their families existed deep within people because of China's long history and culture, and they always had to be awoken and activated by a great ethical crisis 4 means not having filialpiety, For instance,the Book ofRituals says,"To be casual indaily life to betray a feudal lordor a kingmeans not having filial piety, tomake a mistake in an office means not having filialpiety, to cheat a friend means not havingfilial piety,and tobe a coward
in a battle means endanger not having parents, may one's filial piety. Any involvement of the afore-mentioned so how can one not take it seriously?" (Jiyi). five aspects

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522

CUI Dahua

or disaster. During the dangerous crises of the Southern Song Dynasty, "events showing loyalty and virtues were frequently seen,"5 and many righteous people offered both their own lives and those of their families to protect the nation. It was just as Wen Tianxiang said inZhengqi Ge lE^tSfc (Song of Righteousness), appeared only in desperate situations, and these people would be remembered by history as heroes," revealing the roots of ethical public morality.6 The destruction of the Ming Dynasty had not only led to "many people "Virtue

unflinchingly facing death,"7 but also thrown three generations of intellectuals into a bitter and serious debate on the fate and spirit of the nation.8 They had come up with certain ideas about public morality in theConfucian tradition, such as "public interest," "public law" and "right and wrong" by Huang Zongxi,9 the idea of social responsibility in which "every ordinary person the prosperity and decline of the nation" by Gu Yanwu,10 is responsible for and so forth. In

5 As depicted in theSongshi Zhongyizhuan Xu "?li.&X\^)t (Preface to the Biographies of the Loyal andRighteous,History of the SongDynasty), "On theoccasion of theEvent of Jingkang,
righteous

of theSong themdied a brave death in thefightagainst theenemies.And afterthedestruction

loyal and virtuous people were In a word, their worthiness seen and frequently for rectification was deserved not a to be extolled result of by short-term

people

gave

up their comfortable

lives and rose up to rescue

the royalty, and many

of

Dynasty, historians.

accumulations" (Vol. 446, History of the Song Dynasty). 6 to theHistory "Wen Tianxiang, from Jishui, Jizhou Prefect, of the Song Dynasty, According an In the early Deyou also known as Songrui MM. 5tci8 and L?shan Regime, Jiangxi, was was over rescue to all the from the River, calling upon people country urgent message brought to be used the royalty, and Tianxiang cried when he read the imperial decree. Tianxiang generous after in sumptuous music and extravagant, However, performances. indulged to he the donated all his 418, message, (Vol. History property military expenditures" receiving was it can be seen that the national Wen Tianxiang Therefore, spirit in of the Song Dynasty). activated by a national crisis.

7 As depicted in the Xu ^ $ ^ ^ (Preface to Biographies of the Mings hi Zhongyizhuan Ming Dynasty), "During the of the History? Zhuanglie Regime when the Ming Dynasty came to or offeredtheirlives in thecourt, itsend,ministers eitherdied for thecountryin thebattlefield (Vol. 289,History of the facingdeaths unflinchingly" Ming Dynasty?). 8 Reflections on the ruinof the Ming Dynasty and critiquesofNeo-Confucianism during the of the late Ming and earlyQing Dynasties can be understoodas a critiqueof thefateand spirit
nation. From

theQianlong and Jiaqing regimes of theQing Dynasty that specialized in studyingtheHan

Dynasty texts), it continued for a hundred foci. years under three generations of scholars

then to the rise of the Qian

Jia Xuepai

(A Neo-Confucian

school

during

from

Yan Yuan and Li Gong, to Dai Zhen,who Huang Zongxi, Gu Yanwu and Wang Fuzhi, through 9 See Huang Zongxi, articles such as theYuanJun jJ[{# (On the Origin of Monarchs), YuanFa WJih(On theSources ofLaws), Xuexiao ?\x (On Schools) and so forthinhis Mingyi Daifang Lu ff Si ft-Xj?^ (Records ofEruptible UndergroundFlames).
,0As Gu Yanwu rescue with had different theories and academic

Rizhi Lu Li 1:LU< Records of Daily Knowledge).

said, "The ruin of a state is distinct from that of a nation. Those who have to a state are the monarchs and their ministers enjoy benefits offered by the state, but as the security of a nation, even the humblest persons are obliged" 13, ]E??, Vol. (Zhengshi

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A weakness

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Private

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particular, the "public" of Huang Zongxi mainly countered the "private" of monarchs, and was different from the "public" inZuo's edition of the Spring and Autumn Annals. Gu Yamvu delineated the difference between "nation" and "state," which implied a political relationship between the people and monarchs instead of levels of ethical relationships between monarchs and feudal lords.

public morality in society. In a Confucian society absolutely ruled by ethical ideas, the "public" or "public morality" in the Confucian "debate over the public and the private" implied that an individual was able to consciously and voluntarily reject or give up his or her own private interests and desires to follow the established ethics. Furthermore, a member of an ethical community could carry out his or her moral obligations to safeguard the interests of the community, which was at a higher level in the

To a certain extent, these stepped beyond ethical morals, expanded farther than of and were an expression of the development traditional Confucianism, can nurture the growth of Confucianism. Even today, 300 years later, they still

in the Confucian society, when family ethical practices hierarchy. However, meant the life of an individual, "public" or "public morality" was only actually activated when the country or the nation was confronted by a crisis, and when the only be seen in the whole privacy" as the dependence threatened. This understanding ofmorality, which could range of ethical life, always involved a "particular of individuals could be analyzed at different ethical levels. In a relative sense, therefore, this ethical "public morality" was still a kind of "private morality." existence of families was

3 "Public morality," in a strict or particular sense, should be themoral notions and behavioral norms in the public lifewhich is beyond the realm of ethical life. It emphasized the separation of the public from ethics. The realm of public life, compared with the definition of Confucianism, is the orderly social life of free and independent individuals who are equal before laws and are protected by laws. In the realm of public life, individuals have rights and freedom, but at the same time they should respect the rights and freedom of others; they reasonably contain individual interests and personal space as well as the public interests protected by

laws. The behavioral norms or the "public morality" within the realm of public life have a fundamental concept?the protection of public interests and the was dominated by ethical protection of private interests.As theConfucian society were embedded in their relationships, individuals had certain roles, which were made only when an ethical behavior individual of and choices relationships, identification was possible. The independent individuals of society were subjects and when they appeared in non-ethical public life or in ethical public life in a

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524

CUI Dahua

variety of roles, they encountered obstacles in identifyingnon-ethical relationships because of the lack of rules for non-ethical behavior, i.e. theweakness or lack of public morality. Based on blood relationships, Confucianism followed a patriarchal principle? the union of a patriarchal system and a monarchal one (the family and nation had the same

implies advanced civilization and legitimacy) different social theories. They were regarded as three different levels meanings of ethical communities within the same social structure.During the feudal times nation which inmodem before theQin Dynasty, these three ethical communities had different connotations and denotations; but after the Han Dynasty unified the state, the connotations

Chinese

structure), and even cultural principle (those who practiced the appropriate rituals and music of the Zhou Dynasty were legitimate), giving the three social groups of family, state and nation (huaxia , an alias of the

behind the state and the nation (huaxia or the Chinese nation) were still distinct, but their denotations gradually overlapped. Depending upon these three or two communities in the social structure,Confucianism adopted major ethical concepts as its guidelines, such as state or nation, "wulun Hit (five ethical forms of or ten items of different relations)" "shiyi (ethical statuses)" and "jiuzu flik with clans the and closest blood ties and (nine affinity)" "wufu UM (five classes costumes)"11 toweave an extensive network of ethical relationships in the Confucian society, and members of society found their positions and roles
in the Confucian and ministers, tradition refers to the relationships between "father and son, the elder and the younger and friends" (Teng and ministers should respectively

of mourning

n"Wulim" monarch husband One

husband and

morals that "father and son,brothers, Wengong Shang Il3ti>?, Mencius). "ShiyF suggests the have (Liyun tLi?, Book ofRituals). For "jiuzu" there used to be two kinds of explanations.
was that the "//wz//" involved both patriarchal and in-law systems, and the other thought that "jiuzu" was to the single patriarchal confined system. With respect to the forni er, for scholars from the Han Dynasty such as Xiahou instance, some classical Shen, Xiahou Jian, and as four families on the father's side, three families on the Sheng explained "jiuzu" on Huangong side (see Kong Yingda's comments side, and two families on the wife's and wives, the elder the young and monarch

and wife,

Ouyang mother'

Liunian fi^/v>Ts Zuozhuan Zhengyi ?EtliEX Verified*Meanings of the Zuo Qiuming's Edition of theSpring and AutumnAnnals); and with regards to the latter,some classical
scholars from the Han Dynasty such as Ma Rong and Zheng Xuan thought that "jiuzu" referred

to the families of nine generationswithin the single patriarchal system, which were the
of one's father, generation one's great-great-grandfather, one's here great-grandson, that of one's grandfather, that of one's that of oneself, that of one's that of great-grandfather, that of son, that of one's grandson, comments on (see Kong Yingda's

and that of one's

Yao Dian, Shangshu Zhengyi iV?j-K?E.^C Verified Book of Meanings of the History). And "ww/w"
indicates that Confucians of closeness of blood

great-great-grandson

forpeople incorrespondingrelationships(see theSangfu on in Book ofRituals).

in five ranks to suggest the degrees stipulated funeral costumes ties and affinity, dictating different funeral costumes, times and behaviors

SangfuXiaoji ?e?M'HB and so

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A weakness

in Confucianism:

Private

and public moralities

525

in the network of relationships which gave them a self and social identity. For Confucians, however, this network of ethical relationships was both a way to realize one's identity and a way to limit it. Confucianism could not accept of independent individuals and human relationships beyond ethical society's relationships. Therefore, it radically criticized Yang Zhu's idea of "self-interest" as the "denial of monarchs" that rejected responsibilities, and the existence

Mozi's

choice of independent individuals because it thought that lifewas valuable and treasuring one's life,13 and Mo Zi's idea of "undiscriminating love" was not only legitimate but also a moral choice of a free individual because it advocated advocated Confucian thatpeople should care for each other indiscriminately. Morality in the tradition had to first identify and orient others as individuals or in

claim that "undiscriminating love" was the "denial of fathers" that spoiled the principle of "being kind to parents."12 However, viewed from a "contractual" public life,Yang Zhu's "self-interest" was both reasonable and rational as a free

human relationships before it could reveal its own feelings. Here, independent individuals and human relationships beyond ethics in the public life led to problems of identification for Confucianism, which has a result of insufficient trust. Without a doubt, trust is the basis of moral behavior in public life. Confucianism had its own expectations, of course. For example, Confucius "comforting people in their old age, being trustworthy to friends, and the young" (Gongye Chang, Analects). Mencius for said "treating one's caring own elders in a filial way and also those of others, and the parents of one's own advocated

children and also others" (Liang Huiwang Xia, Mencius). Zixia (one of Confucius' disciples) said, "All in theworld are brothers" (Yan Yuan, Analects), and Zhang
of self-interest did attacked Yang Zhu and Mozi, saying that "Yang Zhu's emphasis the denial of for monarchs, and Mozi's love suggests undiscriminating do" (Teng Wengong the denial of monarchs and fathers is what animals fathers. And Xia, statement that "love should be indiscriminative, As with Mohist Yizi's Mencius). only cares are not have a respect 12 Mencius

same source, butYizi holds his idea because he supposes theyhad different origins" (Teng both human Mencius). Zhu Xi commented,"It is theprinciple of nature that Wengong Shang,
beings and other creatures are born from their parents, from whom to others, there is less, of course. Ifwhat Yizi said were extended show Mengzi his love. Therefore, what ifYizi had not suggested on Mencius). love originates. When true, then one would sources?" it is have

had by one's

own parents,"

Mencius

argued

that "all

the creatures

in the world

come

from the

way he regarded strangers;it is just thathe chose his parents to first regardedhis parents the
two different (Vol. 5,

13 As all the literature Wei and Jin aboutYang Zhu fromthePre-QinDynasty to the Dynasties

Jizhu ^T??-

Collected

Comments

can be drawn from Yang Zhu's indicate, two kinds of connotations concept of "self-interest": one is "to value "the the other is a political idea inwhich life" and treasure its natural qualities; world would prosper and remain in order if no one has a single piece of hair damaged while no Yang Zhu by saying, "Yang Zhu is fond of 'self-interests', reluctant to sacrifice a single piece

one triestobenefitfrom the world" (Yang Zhu, Liezi #fJ 7' Work of Liezi). Mencius criticized whole world" (Jinxin would benefitthe of hair even if it Mencius). Shang,

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526 Zai

CUI Dalma

of the North Song Dynasty) said, "Men are my compatriots (a Neo-Confucian and all objects, too" (Qiancheng, Zhengmeng Enlightenment). Thus, Confucians tried to extend love and trust to all human beings and even nature, beyond the ethical range of families, state and nation. Confucians overcame obstacles of identification in non-ethical relationships by endowing these realms with ethical qualities so as to create a "quasi-ethics." That was the great moral ideal of Confucianism.

Mencius'

was

the realm of ethics to the realm of quasi-ethics. Confucians sincerely believed or hoped that this path of development to substantiate and consummate human lives open and unlimited, and could be realized in everyone's life. It should be recognized that this Confucian ideal of human life conformed to human nature and was completely rational. However, human beings are limited by a variety of

words, taking one's own family as a starting point, growing step by from families (where blood ties began) to the state (identification in the sense step of a patriarchal clan system) and nation (the identification of culture), and from

However, in its practice, the release of Confucian moral and behaviors, i.e., the process that "the benevolent are charitable to all, feelings and committed to showing their cares to theworthy" (Jinxin Shang, Mencius), in

oneself outwards by differentmourning costumes. Beyond the range of "ww/z/" and "/n/zw" therewould not be more kindred relationships or affinity,and people with no kindred relationships or affinitywere just strangers.14Therefore, itwas
14 The Book

factors, and with respect tomost people, themoral power thatConfucian ethical ideas and moral ideas generated in individuals might have been used just in families. Within a family as an ethical community, relationships radiated from

emotions is extrapolated from the near says, "The release of consanguine of Rituals to the distant with oneself as a center. Father and son are the closest ones. A father, a son and a son's son are the three closest generations. These generations together with the son's grandfather and constitute grandson father and grandfather In line with and five generations, and these five generations plus the grandfather's son and grandson a hierarchy the grandson's make of nine the extensive of five and nine both three, relationships generations,

generations.

emotions and funeral costumes from the father to the grandfather's decrease consanguine in the direct linage; and it is the same grandfather and from the son to the grandson's grandson between different generations of collateral relatives, such as from bothers to cousins (brother of the same grandfather, brothers of the same father of grandfathers, and of the same grandfather no emotions says, of kindred and thus no funeral costumes known

of grandfathers). will become soweak that Beyond theseranges, theconsanguinity people feel
"One wears a kind of funeral costume are required." it (Sangr? Xiaoji). Again, as si ?? for the death of his grandfather's

or a cousin with the same the limit of grandfather grandfather of grandfathers, which means The the grieving. generation beyond grandfather's grandfather or people with the same father of different grandfathers of grandfathers is merely clansmen the same family name, bearing are required, and simply exposing therefore no funeral costumes one's left shoulder is enough to express distant, a grief, which indicates a distant consanguine there will be no kindred anymore" (Dazhuan). relationship. As for people even more

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A weakness

in Confucianism:

Private

and public moralities

527 identification and create a

difficult to overcome

the obstacles

in non-ethical

strong sense of morality in public life other than a state or the nation. A legal scholar once described thiswhen he discussed ethics between human beings: when he sees another lying on the ground One will probably remain indifferent at moment when he notices thatperson and badly in need of help. However, the is one of his acquaintances, he will stop to find out what is going on, and if that person happens to be one of his friends, he will put aside his business and immediately offer his help. And if that person is a relative (parent, spouse, boyfriend, girlfriend, son or daughter), he wOuld probably fall in a state of stupefaction and out of self-control (Jiang 2002, p. 217). Possibly, society?the like that. the weakness or lack of a sense of public morality in Confucian concern and sincerity targeted at non-ethical relationships?is just

system of virtues was full of behavioral norms, which could largely be divided into ethical acts and moral acts. Ethical acts were the "wulun" or the "shiyF of filial piety and loyalty,which wrere about the five or ten types The Confucian of fundamental ethical relationships in Confucianism, while moral acts, such as "respect, tolerance, faithfulness, nimbleness and kindness" or "geniality, kindness, respect, modesty and tolerance," were acts showing particular virtues and faithfulness) for righteousness, appropriateness, wisdom a in life. in situations And Confucian corresponding society ruled absolutely by ethics, morality contained in individual virtues could be traced back to or (benevolence, it can be seen from theLiji ?Liti (Book regulations and rules for everyday life,

belonged to an ethical source. Moreover, of Rituals) thatConfucianism had many

such as for costumes, meals, residence and traveling. Although they cannot be idea or category yet, they contain or imply interpreted as a kind of moral Confucian ethics and morals. Thus, ifwe interpretbehavioral norms in public

than expectations for individual morals, so it is obvious that Confucianism did not have a clear idea of morality in the realm outside ethical life. Here are two
examples.

life, i.e. public morality, as a public value that is beyond ethics or non-ethics, these are requirements for independent individuals to abide by in public rather

Example one: infant abandonment. A legal scholar has compared different laws for maltreatment and abandonment inboth the Western and Eastern legal systems, and when he discussed crimes between relatives he said: The criminal laws inEurope and the US often describe abandonment by people who are not legally related as "abandonment without legal obligation", and

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528

CUI Dafnia

legal obligations." There was no discrimination like this in traditional laws in China. Both the New Criminal Laws of theQing Dynasty and theProvisional New Criminal Law of theRepublic of China had the 'crime of abandonment with legal obligation'. Not until 1928 did the Criminal Law of theRepublic of China begin to list these two kinds of crimes together.As Article 309 in this law states, those who abandon a helpless person will be sentenced less than one year imprisonment or custody orwill be fined; and where those who should

thatbetween relatives, between teachers and students, between supervisors and supervisee, between doctors and patients and so forth as "abandonment with

of jail. That the ancient laws inChina did not list the crime ofmaltreatment or abandonment between non-relatives indicates that traditional laws and ethics in China only emphasized private morals in a family, and not public morals (Fan 1997, p. 124). It should be a moral requirement in public life to help and rescue a person who has no obligatory (ethical or contractual) relationship to oneself. Society should have minimum moral requirements and violators should be punished by the law. The

support, protect, raise, provide for or educate a helpless person abandon the latter, theywill be sentenced tomore than six months and less than five years

idea of laws in ancient China, which were influenced by the Confucian not without list "crime did of abandonment legal obligation," "appropriateness," and this nuance the patriarchal Confucian weak public morals. in Confucianism's tradition that "people under the same family to the same clan and should be regarded as members" (Dazhuan, has been evident

on the Laws of the Book ofRituals), Tangl?Shuyi J&???f?iSt Tang (Interpretation

Dynasty) states that boys with different family names should not be adopted on account of "a male under a different family name is not one's family member

Following name belong

at all," but itwas exempted where "a male infant younger than the age of three will die if not adopted."15 With regard to the adoption of abandoned infants, did not eliminate contradictions to its patriarchal principles Confucianism although itrevealed some humanity. Therefore, within theConfucian legal system inChina, the adoption of an abandoned infantdid not involve a moral minimum,

15 According family name

to Interpretation is not one's

family member a male

of the Laws of the Tang Dynasty?, "A male at all, so those who adopt the male the other child will involved violators shall be old younger than three years the adopter's

under will

a different to a 50-rod by his 12, Hu

be sentenced

to imprisonment whipping.

for one year, and where

sentenced

not adopted, theadoption will be permitted blood parents andwill die if althoughhe isunder a
different

However,

is abandoned

Hun

$gHouseholds andMarriages).

family

name,

but the adopted

thus use

family name"

(Vol.

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A weakness

in Confucianism:

Private

and public moralities

529

nor was it lifted "from the realm of ethics into that of laws"16; therefore, there would not be a "crime of abandonment without legal obligation." Another fundamental moral requirement and behavioral Example two: littering. nomi in public life should be that there is not littering or casual piling of daily garbage so that the environment is not polluted and the health of others not threatened. Generally, Confucianism had regarded personal acts such as "sweeping for and answering to seniors" or the dumping of garbage as trivial

matters, but they still had a clear ethical position on it.17 It is clearly a public good, but it does not have any self-conscious requirements. A comparison between Legalists and Confucians best illustrates their positions and differences. Legalists: punishment for littering The law of the Yin Dynasty punished those who
scattered ashes the punishment to discuss itwith Confucius. explained, "That reveals who in the streets. Zigong thought was too severe,18 and went The latter how governance become Confucianism: before When rite to "dusting a seat of the elder" a place

sweeping before elders, the rituals require a sweeper to cover his dustpan with a broom and his sleeves in retreating dust. And towards lest elders also, are affected the sweeper by the should

shouldbe. Ashes in the street will certainly

soil passengers, would angry,

direct theopen side of a dustpan

himself instead of the elders.

thena fight will inevitablytakeplace, and at least threeclans of the twoparties will be involved intheconflict. This is almost as
serious as a criminal

(Quii Shang,Book ofRituals)

criminal punishmentis disliked by people and it is the make people do way of governance to theeasy thing and keep away fromtheir dislikes. (Qishu -b/ls Neichushuo Shang fi? Work ofHanfeizi) il h,Hanf ehi 16 Chen Chong, a chiefof thenational judicial institution at the timeof EmperorZhangdi of the
littering cannot be easily managed. Therefore,

act. Furthermore,

severe

Eastern

once interpreted a principle of Confucian Han Dynasty, cannot the Rituals law, "Where to rule, the laws are adopted. Therefore, the Rituals and the law have their respective and the two complement each other, with the former as something fundamentar' jurisdictions, function

(BiographyofChen Chong, Vol. 76,Houhan Shu a

17 The Analects of Confucius Ziyou's words the ground, in answering recorded

in sprinkling and sweeping are sufficiently accomplished. left ignorant (Zizhang, of what Analects).

However, is essential. How

and followers of Zixia, disciples and replying, in advancing and receding, these are only the branches of learning, and they are can they be acknowledged as sufficiently taught?"

as, "The

History of theEasternHan Dynasty).

a misdemeanor, ancient

18 The Work ofHanfeizi says, "According to the law of the Yin Dynasty, those who litter ash in thepublic road shall have their hands cut off.Zigong remarked, "The littering of ash is merely
times so stern?" but the cutting-off of hands (Qishu, Neichushuo is severe punishment. Shang, Hanfeizi). Why were the people in the

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530

CUI Dahua

about the "littering of ashes" in the realm of public life,19 while Confucianism considered it as a matter of ethical life. Confucianism carefully detailed how to sweep before the elder so as to show concern (to keep the dust away with long and respect (to point the opening of a dustpan towards himself while sweeping20), yet itdid not consider how to dispose of the ash, which was a public sleeves) issue.Where

realized that littering in a public place would lead to serious Legalists as such therefore asserted that it was both social disorder, consequences reasonable and rational to prevent it with stern punishment. Han Feizi illustrated their point of view by using Confucius. It can be seen that the Legalists thought

should garbage be dumped? Would itharm people who passed by or public life? Confucianism did not consider whether there should also be rules once it moved from the ethical space into public life. Perhaps itwas this lack in tradition that even now people inChina are still bothered by the of problem "littering ashes" in the social life of a Confucian tradition. As a famous sociologist observed in the 1940s: the Confucian

To task forces in the rural areas, they note that the overwhelming weakness of their countrymen inChina is 'selfishness'. Speaking of selfishness, the folk saying that 'everyone sweeps the snow in front of his own door, and does not care about the frost on the tiles of others' comes tomind. No one denies that this saying is the belief of the Chinese people in one way or another. As a matter of fact, not only do rustics hold such an attitude, but people in cities and towns also do, too. Furthermore, those who sweep the snow before their own doors could be called great ones in public morality, and ordinary households leave rubbish near their doors in the streets and let itbe (Fei 1947, p. 21). That typically indicates that Confucians often, consciously or unconsciously, placed ethical norms ("private morality") before the observation of public rules rules on behavior in Confucianism's ("public morality"), revealing a weakness and discipline in public life.
19 as a piece of strained rope does not adapt do not humor the powerful Han Fei says, "Laws itself towards the hollow. Where the laws are applied, a sage dare not argue, and the bold dare not violate. People who commit wrongdoings shall be punished no matter how exalted ministers (Youdu WS, Hanfeizi): and "laws are constituted to abolish privacy; therefore, when

they are, and thosewho do well should be awarded even if they are extremelyhumble"
laws are

implemented, privacywill disappear." (Guishi it??, a /?iz?) From these remarks itcan be seen thatthe social life theLegalists triedto construct which was contained the"public life"
beyond ethics and where under the exclusive mie take Records 'my' extreme all people were of a monarch; as was a "public life" equal before the law. Of course, it as "to criticized therefore, Huang monarchy Zongxi the greatest public interests of the nation" (Yuan Jun ?'M, is used to dispose rubbish; therefore, it is impolite

privacy

Book of direct itsopening towardsa senior" (LijiZhengyi fLiBiEX Corrected Meaning of the
Rituals).

Flames). Underground ofEruptibie "A dustpan 2()As Zheng Xuan commented,

to

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A weakness

in Confucianism:

Private

and public moralities

531

4 To summarize, theweakness of public morality in Confucian society took place in the following two cases. First, Confucian society was overwhelmed by its ideas

gave identities to families, state, and nation. These structures shaped their ideas about morality (public morality) and regarded the state and nation as ethical communities with greater priority than individuals and families in the "public" to safeguard its existence and interests. In a Confucian society, however, most, even all of the members, were devoted to family responsibilities and and music, obligations. While the consciousness of a family as an ethical community became stronger by life and experiences, the idea of state and nation as ethical communities above families became weaker, fading into a deep moral reasoning, or to say, a to consciously fulfill collective consciousness, and the moral consciousness to state the the and nation were weakened, and responsibilities and obligations

on ethics, and social members stressed their familial relationships. The patriarchal structure,which reflected themonarchy and family structures, and their rituals

manifested as a weakness or even lack of public consciousness or public morality. When an ethical crisis occurred, however, the public's moral consciousness would revive or be awakened. Second, public life refers to a social life that is composed of independent individuals and does not contains (takes into account or involves) ethical relationships.21 Care, sincerity, respect and not inflicting hurt
21

own identity? There are two kinds of replies in Western political philosophy: Rawls J, a of the liberalist was not a representative political philosophy, thoughtthatan orderly society
community or an association to realize justice as a purpose their own; and because (Rawls 2000, they all shared, as citizens, people worked p. 41) because together but as members of an association, the purpose society as a community had neglected

to and distinct from ethics can be understood as a "contractual" life opposite If this public from "identity," of life in a i.e. the characteristics society that counters and is differentiated or civil society be regarded as a "community" civil society, then can this "contractual" with its

thatthey worked togetherto realizewas a completelydifferent idea of good thattheyheld on

the idea that takes a democratic

was based on a political concept of justice (Ibid., the limitedrange of thepublic reasons that p. 44). However, Sandel M, on behalf of communitarian political philosophy, outstandingly thiscommunity depictedwas not onlywhat socialmembers as citizenshad, but also what they was not the relationshipstheyhad chosen, but the independence theyhad found,and were; it itwas not only a kind of quality, but also the components of their identity(Sandel 2001, pp. 181 182). And also, Sandel thoughta social communityshould be able to contain and
the "fundamental structure" of this society and the "self-understanding" depict by social a general In members abstract sense, Sandel's definition of the qualities of a (Ibid., p. 209). can also be applied to the ethical community civil society as a "community" in the Confucian tradition. However, his self-understanding or self-identification was realized through reflection argued that a civil society could be interpreted as a community of "constructiveness," that what

instead of a choice in moral feelings (Ibid.,p. 184); and an individual'sposition ina community was established by means of characters and friendship(Ibid., pp. 216-220) instead of the
network of ethical relationships. That is a fundamental distinction between Sandel and Confucians.

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532

CUI Dalma

to others should be basic principles inpublic morality. In this realm, theConfucian way to realize self-identification and social identification through a network of ethical relationships encountered some obstacles, which slowed the release of moral feelings and acts. Confucianism overcame these obstacles, to a certain extent, through its "quasi-ethics," but it failed to eliminate the root of these obstacles and develop the necessary behavioral norms. In this field, traditional in public morality. This is space that reveals a clear weakness Confucianism Confucianism Therefore, limited. the Confucian cannot cover, and also where ithas room for growth. heritage in today's society is both valuable and

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