TRYING TO DO JUSTICE TO THE CONCEPT OF JUSTICE IN CONFUCIAN ETHICS1 YANG MA0 T R Y I N G T O D O JUSTICE TO T H E CONCEPT O F JUSTICE IN C O N F U C I A N E T H I C S ’ b In his dealings with things under heaven chiin-tzu ( t h e noble man)2 is n o t invariably for or against anything. He just does what is ria (just, appropriate) X o n f u c i u s , t h e Analects (4.10)’ I. INTRODUCTION ‘ T h a t is not it at all. T h a t is not what 1 m e a n t , at all.” We o f t e n hear people saying this in everyday dialogues and conversations. This is a way for o n e t o protest others’s misinterpretations of her/his views. Very o f t e n , one may also a d d , “You are not doing justice t o what I said, at all.” What this means s e e m t o be t h e following: You a r e not doing justice t o what I said if y o u d o not render t h e correct meaning (cheng-yi ) t o what I said, because y o u are rendering something t h a t is n o t mine t o me, you are being insensitive t o t h e particular and unique meaning o f what I said. This use of t h e word “justice” indicates that hermeneutic issues are ethical ones. f This paper was originally presented a t a panel on “Confucian views of justice” a t an American Philosophical Association meeting. I was supposed t o read a paper, written in English, on Confucian views of justice. Under such conditions, 1 have been especially on the alert against a n y possible injustice I might d o to Confucian ethics. One seems t o have a special duty t o b e just when o n e writes on t h e concept of justice. Hence - t h e title “Trying t o d o justice t o the concepts of justice in Confucian Journal of Chinese Philosophy 24 ( 1 9 9 7 ) 521-551 Copyright 0 1 9 9 7 by Dialogue Publishing Company, Honolulu, Hawaii, U . S . A . 5 2 2 YANG X I A O ethic^."^ To regard hermeneutic issues as ethical ones is also a Confucian tradition. When a great Confucian scholar Chiao Hsiing w r o t e a c o m m e n - tary on t h e Mencius, h e entitled it Meng-tzu cheng-yi which could b e translated as ‘ T h e correct meaning o f t h e Mencius. ” Interestingly e n o u g h , early Confucian Hsiin Tzui used it.’ Therefore, I have t o take seriously t h e following objection: One may immediately object to this paper by saying t h a t t h e m o m e n t 1 write down t h e title, I have already d o n e injustice (or violence) t o Confucian ethics; when I u t t e r t h e Engfish words “the concept of justice in Confucian ethics,” which imply that Confucian ethics d o have a concept that can be expressed b y t h e Enghsh word “justice”, I a m imposing a modern Western concept o n Confucius, Mencius and their followers i n ancient China. The injustice I have d o n e t o t h e m is double, because t h e y are neither m o d e r n nor Western. To p u t this objection in o n e sentence, it is impossible for me to do justice to t h e concept of justice in Confucian ethics if I write in a language that is n o t Confucians’s language. Let me first clarify what is really going on in this objection. As w e shall know a t t h e end o f this paper, this objection cannot b e fully responded to h e r e . In the one-sentence version o f the objection t h e term “language” is actually used in t w o ways and t h u s can mean t w o things: h cheng-yi f originally means “upright and just”. T h a t is, a t least, h o w t h e i) a particular ordinary language like Chinese or English; let me call it the ”linguistic sense” o f the term “language ” ; ii) a particular set o f categories and concepts (when T h o m a s Kuhn says that Einstein and Newton speak two different “languages,“ he does not mean t h a t t h e former speaks in German and the latter in English) let me call this its “conceptual sense”. Very o f t e n , when people use t h e term langwge in its conceptual sense, they p u t i t into quotation marks (so o n e native English speaker m a y say JUSTICE IN CONFUCIAN ETHICS 5 2 3 t o another native English speaker: w e can’t understand each o t h e r ; it’s as if we are speaking in t w o “languages.”) Accordingly, there are actually t w o things going on in t h e objection. The first is the objection that a Western language (English) is not appro- priate in t h e Chinese context. However, it does n o t particularly have to d o with Confucians; it applies t o the case where o n e talks a b o u t Taoism in E n a s h , or, about Aristotle i n French, etc. T h e second objection is that t h e set o f Western categories and concepts - the concept o f justice being part of it - is n o t appropriate to apply to Confucian ideas. Thus there are actually two objections. In section 11, I shall t r y to clear u p some conceptual confusions that are involved in b o t h objections and introduce a crucial distinction between c o n c e p t and conception. (Notice that 1 use “concept,” not “conception,” in t h e title o f this paper). In section 111, I shall propose a working formu- lation o f t h e concept of justice, which shows h o w t h e term “just” is used a n d what it is like to have a concept of justice, m o r e specifically, what it is like if it is the case that there is t h e concept o f justice i n Confucian ethics. Section IV is a textual analysis which shows h o w , in the Analects and t h e Mencius, t h e term yia is used in the w a y described in the working formulation o f the concept of justice. That is to say, we can indeed fmd the concept o f justice in Confucian ethics. However, i t will also be shown that t h e Confucian understanding of the concept is a very particular o n e . I shall come back to t h e objections in section V . It is a b o u t t h e very possibility o f doing justice t o the concept of justice in Confucian ethics while writing in English. Interestingly enough, what surprised even myself is that the justice of “trying to d o justice” turned o u t t o b e the same kind of justice of “the concepts of justice in Confucian ethics.” There- fore, this paper becomes a n a t t e m p t t o treat t h e concept o f justice in Confucian ethics in a Confucian m a n n e r , or in a manner t h a t is just in its Confucian sense. 5 2 4 YANG XIAO 11. SOME CONFUSIONS AND THE DISTINCTION BETWEEN CONCEPT AND CONCEPTION Almost everyone who ever talks about the issue of justice in Con- fucian ethics in Engllsh has been keenly aware of, and often overwhelmed b y , two obvious “facts” about the differences between Confucian language and Western language both in its linguistic and conceptual sense. The first “fact” is actually about its linguistic difference, the second conceptual difference. In this section, I want to say a few words about some possible confusions involved in interpreting these two facts. Let me start with the first one. Thomas H.C. Lee begins hs article ‘The Idea of Social Justice in Ancient China” by saying that “One of the most important characteristics of Chinese social philosophy is its con- spicuous lack of one word [my emphasisjthat we can readily translate as ’justice.”’6 R P . Peerenboom also claims: “There is not even u term [my emphasis] for ‘justice’ in the classical lexicon of Confucius.”’ He also dismisses what he calls “the most likely candidate,” the Chinese character yia, by saying that it “has been translated in terms associated with justice - righteousness, duty, principle, obligation - though never, t o my knowledge, consistently as justice. Moreover, David Hall and Roger Ames have argued quite convincingly that. such Western-influenced langu- age is inappropriate in the Confucian context.”’ I would Wte to make two remarks about ttus linguistic fact. The first one is that we cannot presuppose that there must be one word or term in Chinese that corresponds to the English word “justice.” There might be a complex relationship between the Enghsh word “justice” and a set of Chinese words, not just one Chinese word. Or, if there is a corres- ponding relationship between “justice” and a Chinese word, it may be that only some uses of this Chinese word, not necessarily the other uses of the word, can be said to mean “justice.” As I shall show later, this applies to the Chinese word yia. In fact, the reluctance of translatingyia as justice also has to do with the extremely diverse uses of “yia” in Confucian ethics. I shall say more about this later. Here let me just say that, from JUSTICE IN C O N F U C I A N ETHICS 5 2 5 the linguistic fact that there is no one word that can be readily translated as justice, it is a fallacy to draw the conclusion that there is no concept of justice in China.’ The conclusion one can draw is simply that there is no such neat word-to-word correspondence between Chinese and Western thought. We may not expect that complex concepts such as justice would be like concepts such as “water”or “table,”which usually can have a neat word-to-word translation in another language. The second remark I want to make is about Peerenboom’s claim that, since “justice” is a part of “Western-influenced language,” it thus cannot be a proper translation of yia. Two senses are packed in the term “language”; from the fact that two people speak two different languages in its linguisric sense, we cannot immediately infer that they must speak two different “languages” in its conceptual sense. One cannot say that Chinese-speaking people must think differently from Enghhspeaking people. It may turn out that they do think differently ;it may also turn out that they d o not. Or, it may turn o u t that neither is thecase -that is, a detailed study may show that they thlnk somerimes differently and sometimes (e.g., when it comes to the concept of justice) similarly. This seems to be a conclusion that is hard to swallow for philosophers who always love the modal term “always” but never “sometimes”. However, one should not expect to draw neat and systematic conclusions if she tries to d o justice t o the particular. As we shall see, this is the spirit of Confucian conception of justice. I shall say more about this in the last section. The second “fact”, which almost everyone emphasizes, is that in traditional Confucian ethics there is no modern liberal conception of justice in terms of equal liberties and inalienable individual rights. Liberals in today’s China have put the blame on traditional Confucian ethics for the absence o f the conception of individual right in modern China. How- ever, this absence is not a unique feature that only ancient Confucian ethics has. Aristotle’s ethics does not have the modern conception of equal liberties and rights, either. Liberalism is a quite recent phenomenon even in the West.” 5 26 YANG X l A O In discussions concerning justice and societies of the past, a question has often been asked. (q1)Can we say that ancient Confuciunism or ancienr Con- fucian China, is unjust in its modern liberal sense? This is a very complicated issue. I can’t go into it here. I would simply say that this question should not be confused with the following question concerning a present society. (q2)Can we say that today ’s China, given that it can be called a Confucian country,’’ is unjust in its modern liberal sense? The first question is about “ancient China”, the second “today’s China.” A lot of arguments for the idea that one cannot apply the conceptions of equal liberties and rights to today’s China are based on the confusion of these two questions. What those arguments actually establish is simply that we should say no to the fust question; since the two questions are confused, people can be easily misled to believe that the it has been argued that we should say no to the second question as well.” So let me make it clear that the following argument regarding a relativistic view of ancient Confucian China is about ancient Confucian China and cannot be applied to today’s China, even if it can still be called a Confucian country. I want to call attention to the fact that one can say no t o the first question and say yes t o the second at the same time. That one can d o so is due t o the following two crucial differences between ancient China and today’s China. i) In today’s China, the idea of liberty and right is, of course, not yet totally institutionalized; it has, neverthe- less, become part of the political-legal culture of the nation.” T o a certain degree, it has become a (potential) JUSTICE IN C O N F U C l A N ETHICS 5 2 7 overlapping consensus, by a p p e a h g to which civil dis- obedience can even be justified in today’s China.I4 All these cannot apply t o ancient China. ii) Today’s China is n o t a homogeneously Confucianist country, even if one still wants to call it a Confucian nation (however, if that could be done, then, in a similar way, one can also say that the pluralistic society of the U.S. is a Christian nation). It seems safe t o say that in today’s China Confucianism, as a revival tradition, is not the dominant political-legal culture as it used to be in ancient China; it has to compete with other conceptions of good life, including liberalism. I am aware that these two observations are controversial. However, here what I really need for my argument regarding a relativisitic view of ancient Confucian China is a weaker claim, which is the following: it was historically impossible for Confucius to have a modern liberal conception of justice in terms of liberties and rights, whereas such a modern liberal conception has become a historical possibility in today’s China.” It seems to be a widely shared intuition that it is not just (fair) t o require Confucius or Aristotle to have a modern liberal conception of justice, which was historically unavailable to them. If one thinks historically, as Hegel does, one will see that i t takes time (history) for e t h c a l ideas to become possible and actual. And, accordingly, a criticism of a n age for not living up to an ideal will remain an empty and impotent “moral” criticism until the ideal, on which the criticism ,is based, becomes histori- caUy possible. One does not have to accept Hegel’s whole controversial philosophy of history t o see this point. Bernard Williams, who has criti- cized Hegel’s redemptive conception of history,16 also shares this intui- tion. He says, 5 2 8 YANG X I A O O n e can define a relativistic view o f justice. There is some pressure, if o n e thinks historically a t all, t o see m o d e r n con- ceptions o f social justice, in terms o f equal rights, for instance, as simply n o t applying to hierarchical societies o f t h e past. T h e obvious fact that those societies would not satisfy t h e conditions I q u o t e d from Rawls in chapter 5 seems relevant neither t o those societies nor to the merits of Rawls’s criteria as proposed f o r m o d e r n societies.” T h e two conditions Williams q u o t e d from Rawls are the famous f u n d a - mentai principles of justice in terms of equal liberties and rights, w h i c h , as Rawls says characterize t h e liberal conception o f j u s t i c e . Notice the term beging used here is “conception,” n o t “concept .” Rawls makes a very important distinction between c o n c e p t i o n and c o n c e p t . the concept of justice is about t h e basic terms of people’s asso- ciation, people m a y disagree a b o u t which specific principle of justices should define t h e basic terms of their association - i.e. t h e y m a y have disagreement a b o u t t h e conception of justice, but t h e y each have a concept of justice, which is abstract and vague sufficiently t o command widespread assent so that it “would act, in public argument as well as private rumination, as a kind of plateau on which further thought and argument are built. As Rawls puts i t , “it seems natural t o think of the concept of justice as distinct from the various conceptions of justice and as being specified b y t h e role which ... [its] different conceptions have in C O ~ O I I . ” ~ ~ So we c a n say that liberals a n d utilitarians have a different conception o f justice, b u t t h e same concept of justice. T h e ancient Confucian society, a hierarchical society of t h e past, clearly does not have these two principles o f justice, which specify the liberal conception of justice. There is t h e n some pressure not t o apply the m o d e r n liberal conceprion of justice to ancient China. Under this pressure of relativistic view of justice, o n e might be easily tempted to. conclude that ancient Confucian China does not even have a concept of justice. I shall call someone a “radical relativist” if s h e believes that J U S T I C E IN C O N F U C I A N ETHICS 5 2 9 hierarchical societies of the past, such as ancient China, d o not even have a concept of justice. It seems clear that, if we want t o see whether Confucians have a concept of justice, the concept of justice we should defme has to be suf- ficiently empty, broad and abstract. That is to say, this concept of justice should be formulated not in terms of particular ideas such as equal rights, which can only be found in a modern liberal conception of justice; it should be a concept that is shared by all the particular conceptions of justice, includmg the very peculiar modern liberal conception of justice. Ill. WHAT IS IT LIKE TO HAVE A CONCEPT OF JUSTICE? In the passage I quoted from Williams in the last section, he argues that there is some truth in a relativistic view of justice and hence there is some pressure to see the “modern conception of justice in terms of equal rights” as simply not applying to hierachical societies of the past. How- ever he also argues that the concept of social justice is “a special case in relation to relativism” and that “Justice and injustice are certainly ethical notions and arguably can be applied to past societies as a whole, even when we understand a good deal about them.”’0 Notice that here what can be applied t o past societies is not the “modern conception of justice in terms of equal rights,” but “justice as ethical notions.” I read what he says as meaning that, although the modern conception of justice in terms of equal rights does not apply to societies of the past, the concept of justice seems to be a non-relatively shared one. That is t o say, Williams is not a radical relativist. This is especially obvious from what he immedi- ately says right after the passage I quoted in the kast section. Yet there are strong pressures for the justice or injustice of past societies not merely to evaporate in the relativism of distance. Even if we refuse to apply to them determinately modern ideas, some conceptions of justice were used in those 5 30 YANC X l A O societies themsehes [my emphasis] and it is not a pun or a linguistic error t o call them that.” However, the issue is not as simple as it sounds. How does one know that the proposition that “some conceptions of justice were used in those societies themselves” is true? The truth of this proposition is exactly what a radical relativist denies. Especially in the cases where the past society had a different language, how d o we know that some concept of justice was used i n that society? It seems that we cannot know it unless we have already translated a certain word in that language as “justice’ or ‘ S U S t . ” Then that would be begging the question. For what a radical relativist denies is exactly the possibility of translating any word in that language as ’justice” or ’just.” 1) the past society was an English-speaking o n e , ii! !he past society was ancient China. Let us further suppose the past society we are concerned with is medieval England, and we find the following sentence written by Shakespeare in 1 6 0 1 . “He was my Friend, faithful, and just to me.” A Radical relativist could insist that, although Shakespeare spoke the same language (English) as we do today, it is only the same language in its linguistic sense, he actually spoke a different “language” in its conceptual sense. He has a totally different set of concepts and categories. A radical relativist may say that “We and Shakespeare d o not even share the same concept of justice.” In this case, Williams could indeed argue convincingly against this radical relativism by saying that Let us consider t w o possible cases. (E) It is not a pun or a linguistic error to call the concept, which is expressed by the word. ‘‘just” Shakespeare used, a concept of justice. However when we move to the second case where the past society is ancient Chma, it seems that Williams’s strategy wouldn t work. For it cannot convince anyone b y saying that JUSTICE 1N C O N F U C l A N ETHICS 531 (C) I t is not a pun or a linguistic error to call the concept of justice used in ancient China “the concept of justice.” It will be tautological to call the concept of x used in society y “the concept of x . ” A radical relativist will not be convinced by this. The statement (C) has already presupposed that there is the concept of justice in ancient China, which is exactly what we want to prove and a radical relativist denies That is t o say, we cannot refute radical relativism at such an abstract level. We have to do a detailed study of how certain words in ancient Chinese are used, and how they are used in what kinds of practices and contexts (e.g., in the practice of accepting gifts). If, through this study, we can manage to show that there are uses, at least some uses, of a certain word - let us call it “c” - in ancient Chinese which are similar to the uses of “just” then, we can say, (C) I t is not a pun or a linguistic error to call the concept, which is expressed by the word “ c ” in ancient Chinese, a concept of justice. More specifically, in order to show that the Chinese character “c” expresses the concept of justice, one has to show that the word “c” is used - at least sometimes - in the same way the word ‘>ust” is used as defined by a formulation of the concept of justice. This is what I am going t o d o in the next section. And, the word “c” will turn out to be the character ‘>yia” which expresses one of the central concepts in Confucian ethics. Notice that it does not require that the word ‘)ia” always behaves like the word ‘?just”. The fact that sometima i t behaves like “just” is enough for proving that there is a concept of justice in ancient China. A parallel case might be helpful here. The Greek term dikaws, as Gregory Vlastos observes, could be used to cover all soclal conduct which is morally right and its sense is thus much broader than ’just.”n Most scholars have translated it as “just.” So does Vlastos. For it is enough 5 3 2 YANC. XIAO that some of its uses are similar to the uses of ‘Tust.” This is also how Rawls argues that his concept of justice can be said to ‘’tally with tradi- tion,” by tradition he means Aristotle’s concept of justice, which is expressed by the Greek term dikaios or d i k ~ i o s y n 2 . ~ ~ Before we move to the next section, where we will figure o u t the condition under which Confucius and Mencius would use y i a , the last tool we need is a formulation of the concept of justice, which shows under what condition we will use the term “just.” Then we will be able to compare this condition with the condition under which Confucius and Mencius use the word “pa”. I would like to propose two formulations of a working concept of justice and 1 shall show that the second one is appropriate for our purpose in this paper. The first one is a modified formulation that is found in Rawls’s later work Political Liberalism, which is different in many respects from his early work A Theory ofJustice. However, the distinction between concept and conception is still there; he says in Political Liberalism, This pair [of concept and conception] is distinguished as they were in Theory, pp. 5f. Roughly, the concept is the meaning of a term, while a particular conct!ption includes as well the principles required to apply it. ... People can agree on the meaning of the concept of justice and still be at odds, since they affirm different principles and standards for deciding those matter^."'^ What he means by *those matters” is, as he puts i t , to make “distinctions between persons in assigning bcsic rights and duties, ...[ And to establish] proper balance between competing claims’’ (ibid, my emphasis). This formulation is not broadly framed, because it is still formulated in terms of basic rights which can only be found in the modern liberal conception of justice. Nevertheless, I think, Rawls’s concept of justice need n o t be so narrowly defined. What is being assigned need n o t be *basic rights and duties;” let us modify it by replacing them by “things,” which can be JUSTICE IN CONFUCIAN ETHICS 5 3 3 a variety of things, such as wealth and rank, profits, a wife,2s respect, honor, and so on. Another problem with Rawls’s concept is that it seems t o pre- suppose the existence of a nationstate or the “basic structure” of a nation- state because he sometimes also says that the concept of justice is about the basic terms in which citizens of a nation-state design their basic structure. Formulated in this way, the concept of justice would apply only to the basic structure, not to actions and persons. But we need a concept of justice that can apply t o basic structures (or institutions) and actions and persons as well. J6 The second formulation, which is the one I am going t o use in this paper, is form H.L.A.Hart. In fact, Rawls borrows the distinction between concept/conception from Hart.” But it seems that h e does not notice that Hart’s formulation is a broader one. According t o Hart, “justice is traditionally thought of as maintaining or restoring a balance o r propor- tion, and its leading precept is often formulated as T r e a t like cases alike’; though we need t o add to the latter ‘and treat different cases differently:” And this ‘‘traditional precept” is a “concept” of justice, not a “conception” of justice. Hart says, [Tlhough ‘Treat like cases alike and different cases differently’ is a central element in the idea of justice, it is by itself incomplete and, until supplemented, cannot afford any determinate guide t o conduct. This is so because any set of human beings [ o r s i t ~ a t i o n s ] ~ ~ will resemble each other in some respects and differ from each other in others and, until it is established what resemblance and differences are relevant, ‘Treat like cases alike’ must remain an empty We can ask whether a person treats like cases alike and different cases differently, or whether anaction is conducted in such a way that like cases are treated alike and different cases differently. Formulated in this way, the concept of justice can apply t o actions, persons, etc, not just t o the 5 34 YANC X l A O basic structure of a society. I also want t o express this formulation in a different version, which will be proved t o be more useful in the next section. Hart’s version is the following: (J) To be just is t o treat like cases alike and different cases differently. One may also say that those like cases form a “kind” (the Chinese charac- ter: lei”) and that different cases belong t o different “kinds” therefore, (J) can also be expressed as follows: (J) To be just is t o treat cases that belong t o the same kind alike and cases that belong t o different kinds differently. Obviously, this is a concept of justice, because it remains an empty form until it is established, by a particular conception of justice, which could be a system of classifications telling us specifically what cases form the same kind (leim) and what cases belong t o different kinds. In the next section, I am going to show that the concept expressed by the term yia in Confucian ethics is a concept of justice. More specific, in order to prove this, what we need t o find is the following: (Y) To be yia is t o treat like cases alike and different cases differently. Or t o formulated in terms of kinds (leim), (Y’)To be yia is t o treat cases that belong t o the same kind (leim) alike and cases that belong to different kinds differently. JUSTICE IN CONFUCIAN ETHICS 5 35 IV. TEXTUAL ANALYSIS: HOW Yp IS USED IN CONFUCIUS AND MENCIUS The character yia occurs twenty-four times in the Analects, one hundred and eight times in the Mencius. Its uses are diverse. Ch’en Ta- &’in a contemporary scholar of Confucianism, once i n a paper classified the uses of yia in the Mencius into four kinds: 1) self-regarding morality 2) others-regarding morality; 3) norms of values; 4) principles of human affairs. In a book published later, he criticized himself for making a farfetched classification of the uses of ria. In the end he has given up this classification. What he later did was t o put together similar uses of the word in the text without imposing his own classification system. What came out was an amazing classification: a ) y i a of respecting the elderly and obeying the elder brothers, b) yia between the ruler and the ministers; c) yia that has t o d o with taking and giving; d) yia of the heartlmind of shame, e) y i that is said t o be the human path or way f ) yia that conflicts with profits, g) yia that is said t o be internal; h) yia that is said t o be common yia of the world.30 And this list can go o n and on. What should we make out of this? How should we explain such a bizarre classification? How is it possible t o use one word t o cover so many different uses? Fortunately, here we d o not need t o answer these questions. It may be that there is a common thread underlying all these diverse uses; or the uses have no thread running through but only a “family resemblance,” or, another interpretation is that Mencius’s use of the word is simply another particular case of the “oriental way of thinking and classifying” which is always exotically chaotic and incoherent.” As I said earlier, for my purpose in this paper, it would be sufficient if I can show that some uses of yza satisfy the formulation (Y) or (Y)’. There- fore, I will just focus on one group of uses of yia that has to d o with taking, having or accepting things (group c) above.” Confucius says that one of the three characteristics of a complete person is that the complete person t h i n k s about ria at the moment of 5 36 Y A N C XlAO having profit (14.12). At two places, Confucius says that a chiin-tzib would think about yia a t the moment of gaining something (19.1 and 16 10). In the Analects and the Mencius, the objects that can be taken, gained and accepted could be a variety of things: wealth and rank (7.16, 4.5), profit (14.12), a state (7A:34), the tyrant o f a state (3B:5), the office of minister (5A.8), a wife (6B.1), food (6B:l) a present of a hundred yi of gold of superior quality (2B:3), the Empire (3B:4), a basketful of rice (3B:4). Let g be any one of the things listed above. In all the above cases, Con- fucius and Mencius claim that one should always ask “Is it yia t o take Cpain, accept) g ? rr33 If we say that, for Confucius and Mencius, yia is the principle for taking, gaining and accepting things, we have t o qualify it by adding a lot of warnings.” One of them is the following: the principle” of yia does not have the form of what I shall call “strictly universal principle.” Here are some examples of strictly universal principles: ( U , ) It is always just or right to takeg. (Or, ‘Always takeg.’? ( U , ) It is always just or right not t o take g. (Or, “Always d o not take g.”) I shall call someone a “strict universalist” if she believes that a principle of justice must take the form of a strictly universal principle - i.e., a principle of justice can only take either the form ( U , ) or the form (LIZ). For a strict universalist, one cannot say, “It is just (or right) at rime t to take g.” For it does not make sense t o say that something is just (right) at one particular time; it is either always right or always wrong - this is the strictly universal “grammar” of the term “just” or “right”. That is t o say, for strict universalism, a principle of justice cannot have the following form: JUSTICE IN CONFUCIAN ETHICS 5 37 (P) It is sometimes right or just, and sometimes not, t o take g . I shall call those “particularists” who think that the principle of justice should take the form of (P) Let us assume someone accepts a gift or present at time t l and refuses a present a t time t2 For a strict universalist, if she is just t o accept a present at t , then, she must be unjust at t 2 . All the cases of gift-taking, regardless of what a particular circumstance a case is in, form one homo- genous kind, and all cases of gift-taking thus must be treated alike. One only has two options: i) either t o accept all the gifts, regardless of who offers, when they are offered, in what manner they are offered, what particular situation one is in; or, ii) to refuse all the gifts, regardless of who offers, when they are offered, in what manner they are offered, what particular situation one is in. Accordindy, strict universalism can also be expressed as follows, (U)’ All cases of gift-taking form one homogeneous kind and should be treated alike. That is t o say, for a strict universalist, a principle of justice cannot have the following form: (P)’ Some cases of gift-taking form a kind, and some cases of gift-taking form a different kind. The cases belonging t o the same kind should be treated alike and the cases belonging t o a different kind should be treated dif- ferently. Notice that both strict universalism (U)’ and particularism (F‘)’ share the idea that cases belonging t o the same kind should be treated alike and cases belonging t o different kinds should be treated differently. That is to say, they share the same concept ofjustice. But since they have totally different particular ideas about what caes belong t o which kind, they have 5 38 YANG X l A O different conceptions of justice. I now want to show that the debate between Ch’en Chen‘ and Mencius in 2B:3 is actually a debate between a strict universalist and a particularist. Ch’en Chen‘, according t o Chao Ch’is, is one of Mencius’s disciple^.^' He seems to be a strict universalist. He somehow believes that the principle of accepting gifts should be either “Always accept gifts” or “Always d o not accept gdts.” He once asks Mencius: T h e other day in Ch’i you refused t o accept a present of a hundred yi of gold from the King, but in Sung you accepted a present of seventy yi in Hsiieh you likewise accepted fifty yi. And, Ch’en Cen‘ objects to Mencius’s actions by saying that, If your refusing t h e gift in the first case was right, your accepting in the latter cases must be wrong;on the other hand, if your accepting in the latter case was right, your refusing in the first case must be wrong. You cannot escape one or the other of these two alternatives. (2B:3) To put his point in other words: You have treated cases of gift-taking differently; you should have had one single universal way t o treat all cases of gift-taking. For either it is always right to accept gifts or it is always wrong t o accept gifts. One only has these two alternatives, there cannot be a third alternative, which is that it is sometimes right and sometimes wrong to accept gifts. And, this is exactly what Mencius denies in his answer to Ch’en Chen‘ In 2B:3, Mencius is recorded as replying t o Ch’en Chen‘ in the following way. He says, “Both my refusal and acceptance were right.” Then he goes o n to give his explanations about how the latter t w o cases are similar and hence are treated alike and how the first case is different from t h e two cases and hence is rightly (‘justly) treated in a way different from the two cases. W h a t he does is t o treat similar like cases alike, and different cases differently. Mencius, like Confucius, has n o absolute yes or absolute no (wu-ko-wu-pu-kou) regarding what is t o be done JUSTICE IN CONFUCIAN ETHICS 5 3 9 (18.18). He is not invariably for o r against anything he does what is appropriate. Mencius can be perfectly characterized b y Confucius’s fol- lowing saying,“chiin-fzub is not invariably for or against anything. He just does what is yra.” (4.10) So it seems that yia does satisfy the formu- lation (Y).= When Mencius left Ch’i, on the way Ch’ung Yuv, a disciple, asked: Master, you look somewhat unhappy. I heard from you the other day the principle that “Chiin-fzu reproaches neither Heaven nor man.”’ Mencius answered, ‘This is one time (shihw); that was another time (shihW)” (2B: 13). The concrete applications of the Confucian general principle b “Chiin-tzu reproaches neither Heaven nor man” thus vary from time t o time. In fact, Mencius calls Confucius ’the sage of shihw” (the sage whose actions are timely) (5B: 1). By this, Mencius means that “He was the sort of man who, when it was proper to hasten his departure, hastened his departure, when it was proper t o delay it, delayed it when it was proper t o remain in the state, remained in the state, when it was proper t o take office, took office, all according t o circumstances” ( S B : I , also see 2 A : 2 ) . Let me end this section with one of m y favorite anecdotes in the Analects, which is another good example t o illustrate the Confucian concept of ria. Confucius was once being asked by two of his disciples the same question: “Should one immediately put into practice what one has learned? ” The Master gave totally different answers. T o student Tzu-lu, it was “As your father and elder brothers are still alive, you are hardly in a position t o put immediately into practice what you have learned.” To another student Jan Yu, the answer was simply “Yes. One should.” When the master was asked why his answers were different, he replied, “Jan Yu holds himself back. It is for this reason that I tried t o urge him on. Tzu-lu has the energy of two men. It is for this reason that I tried t o hold him back” (1 1.22). What the anecdote shows is that Confucius is extremely sensitive t o the richness and complexity of the particular. He cultivates people who have different particular characters in different ways. He refuses t o insist b 5 40 YANG X l A O o n absoluteness, refuses t o be inflexible (see 9.4). For Confucius, chin- tzu must have the sensibility t o the particular, t o the richenss and com- plexity o f the particular. The above anecdote is a perfect example to illustrate what exactly Confucius means in the passage I cited as a m o t t o for this paper (4.10). Confucius is not generally (abstractly) for the general rule “Put into practice immediately what one has learned”; nor is he generally (abstractly) against the general rule. His sensibility to the particular makes him distrust any of this kind of general rules. In certain concrete situations he is “concretely” for it and in certain situations “concretely” against it; it all depends o n particular situations. For Con- fucius no general rule can cover each and every unique particular case. If someone invariably sticks t o a general rule, he does not haveyia. There- fore, yia is not only a sensibility; it also has t o be a capacity for judging what is appropriate t o d o in particular situations. As Chung-ying Cheng puts it, “A man of y i a , therefore, must be a man of creative insights who is able t o make appropriate moral judgements in particular situations, judgements which will preserve t h e totality of goodness and j ~ s t i c e . ” ~ ’ b V. TRYING TO DO JUSTICE T O THE PARTICULAR Now let me turn to the particular issue concerning the possibility of doing justice t o the concept of justice in Confucian ethics I mentioned in the introduction. Armed with the Confucian spirit of justice, I think that we may be able t o try t o d o justice t o this particular issue and give a Confucian justification for what we have been doing in this paper. The same issue will arise if I were t o write a paper o n some other topics, say, “the concept of God in Confucian ethics,” or “the concept of individual rights in Confucian ethics,” etc. The list can be endless. So it seems that the question ‘Can we do justice t o the concept of justice in Confucian ethics? ” is just a particular case of a general question of “Can we even talk about Confucian ethics in English without doing injustice to it” or “Can we talk about one culture (or language) in terms of cate- JUSTICE IN CONFUCIAN ETHICS 5 4 1 gories of another different culture (or language) without doing injustice t o it.” One may thus be tempted t o say that we should first solve the general question, Which has to do with translation, interpretation, language and cultural relativism, and then apply tit to our particular case concerning the concept of justice. However, from Confucius, we have learned not t o “cling t o any generality that is independent of concrete reality.”36 With the help from Confucius, we should try t o resist the temptation t o see the whole issue in this way. Confucius and Mencius help us to see that this approach does not do justice t o t h e particular. For it rules out the possibility that all the particular cases, like the gifts offered to Mencius, might not form a homogeneous kind; and, therefore, each of them requires a different treatment. As Confucians have insisted, there might be no abstract genera- lity that can cover each and every particular case. What one can say about “the concept of individual rights in Confucian ethics” may not apply t o “the concept of justice in Confucian ethics.” Nevertheless, it is not easy t o resist the temptation. One may be attracted t o the following approach: one starts with a general theory of language and interpretation, claiming that two languages, in general, can never be translated into each other without doing injustice (or violence) to each of them. The second step is t o apply this general theory t o the particular case of the English term “justice,” concluding that one can never do justice t o the concept of justice in Chinese ethics if one talks about it in English. To utter the English sentence “I am doing justice t o the concept o f justice in Confucian ethics,” according t o this general view of language, would be a performative contradiction. I have argued else- where that this general view of language is problematic, so I will not address the issue here.’9 In fact, 1 do not even need to determine whether this general view is correct. Whether it is correct is irrelevant here. The point is not about the general view itself, but rather, about the approach of solving our problem by regarding it as a particular case of a general view. Another seductive approach is similar in this regard; the difference 5 4 2 YANC X l A O is just that the first step is to decide whether cultural relativism, another general theory, is correct. If it is correct, b y application, we automatical- ly know the answer is ‘‘no” to our particular question “Can we talk about the concept of justice in Confucian ethics in Western-influenced language? ” In the 1970s and ~ O S , there had been a debate about relativism in the English-speaking world?’ It is a vice of the debate that it often remained a t the abstract level. People argued whether relativism in general is true o r false by appealing to some more general theory of language o r theory of understanding (or theory of practice). One can often find discussions conducted in the following abstract way: one assumes two cultures o r languages, A and B, and then, based on some general theory of culture or language, one proceeds t o draw the conclusion that A and B are radically different (‘or similar). Confucius and Mencius, had they known this, would wonder how one can ever know, in such a general way, whether two such abstract things are alike or radically different. In this kind of discussion, a possibility, which particularists are very sensitive t o but strict universalists are not even aware of, was ruled out u priori. The possibility is the following: perhaps two concrete cultures, say, ancient Chinese and ancient Greek are very much alike, whereas ancient Chinese and modern Western cultures are radically different. And, these have to be determined by detailed studies of the two cultures involved. No one in the debate addressed the question at a concrete level, or dealt with any particular cultures or particular concepts in particular cultures. It is their belief that after they get the answer at the general level by philosophical speculation, they can just apply it to the particular cases. However, it should be the other. way around. We should not start with the general questions, but rather, with the particular cultures and particular concept^.^' We must try to d o justice t o the particular and treat different cases differently. Whenever someone talks about cultural relativism, ask him/her ‘With respect to which particular cultures? ” “With respect to which particular concept? ” What follows then should be detailed analysis and comparison of the particular concepts of these 5 4 3 JUSTICE I N CONFUCIAN ETHICS two concrete cultures. This step is unavoidable. Justice requires it?' GRADUATE FACULTY, NEW SCHOOL FOR SOCIAL RESEARCH NOTES 1. This is a much revised version of a paper presented at a panel, organized b y International Society of Chinese Philosophy, on "Confucian Views of Justice" at t h e Eastern Division Meeting, American Philosophical Association (Atlanta, December 2 8 , 1996). I am very grateful t o m y commentator Prof. Chung- ying Cheng for this very helpful comments, which called m y attention t o t h e diversity of uses of t h e term yia in Confucius and Mencius, which led m e to revise t h e paper. I hope Prof. Cheng will agree for t h e better. I have also benefitted from comments by participants a t t h e meeting thanks especially t o Deborah Achtenberg. Xunwu Chen, Lik Kuen Tong. 1 am particularly grateful for Prof. Kwong-loi Shun for taking t h e time t o read t h e early version presented at APA; his comments and critique have helped me to realize that t h e part on t h e relation between Confucian justice and self was not satisfac- tory. I d o not include that part in this version of t h e paper. 1 am indebted t o Prof. Richard Bernstein for teaching me the importance and, perhaps, more importantly, the elusiveness, of phronesis as sensibility to the particular, in a seminar on Gadamer's hermeneutics. I am also grateful t o Ann Dobbs for a conversation with her on Pascal's view on t h e impossibility of justice, which inspired m e t o further revise the paper. Thanks, finally, t o D.D Sun, without whose support, advice, and sense of justice I would n o t have finished this paper 2 . T h e Chinese term chun-rzub has been translated as "the gentleman" "the virtuous man." These patriarchal terms are closer t o t h e actual meanmg. Grammatically speaking, the Chinese characters themselves d o not have gender, but it is clear that by chun-tzu Confucius meant male officials and gentlemen. However, Wte Aristotle's views of justice, Confucian views of justice can still b e useful today. Therefore, I also often try t o include women b YANC XIAO 5 44 3. 4 . 5 . in m y translations b y using terms like "person"; i t is not designed t o cover u p Confucians' injustice t o women. Deborah Achtenberg has convincingly argued that feminist ethics can find resources in Aristotle, w h o is, as she p u t s it, "a paradigmatically sexist thinker," see her "Aristotelian resources for femi- nist thinking," in Feminism and Ancient Philosophy, e d . Julie K. Ward (New York: Routledge, 1996) pp. 95-1 17. Similar arguments can be made with regard t o Confucianism and feminist thinking. It is doing justice t o Confucia- nism if w e are sensitive to its potential uses and possible developments. All quotations from t h e Anulects are t o book and passage numbers in Lun- yu i-chuc, tr. Yung Po-chin (Beijing: Qlung-hua shu-chi, 1980). For example, (7.3) means ' Book 7 Passage 3." I have consulted English transla- tions by D.C Lau, James Legge and Arthur Waley. All q u o t a t i o n s from t h e Mencius are t o book and passage numbers (with book numbers 1A-79 sub- stituted for number 1-14) in Meng-tzu i-chue, tr. Yung P o x h i n d (Beijing: Chung-huu shu-chi, 1 9 8 4 ) For example, (2B: 3) means "Book 2 Passage 3." I have consulted English translations by D.C. Lau, James Legge. Since the references from the Analects and t h e Mencius have different forms, the former having t h e form (7.3) t h e latter (2B:3), I will not indicate t h e Anulects or the Mencius each time. In this paper I shall only focus o n the primary texts, the Analects and t h e Mencius. We find "chen&" and "yia" in t h e Analects and the Mencius, b u t not "cheng y i f . ' * Hsun Tzui is probably the first one who put the two characters together, for example, in chapter 1 3 "On the way of Ministers," Hsin Tzui says, "A tradition expresses my point: 'One should follow t h e Way and not follow the lord.' Thus, if ministers w h o are upright and just ( c h e n g y i ' ) are given posi- tions, then partiality will not characterize t h e court." Hsun-rzui ( 1 3 / 1 9 - 2 0 ) . All references are t o chapter and line number in the H Y ed. I use J o h n Kno- block's three volume translation, Xunzi: A Trunslurion and Study of the Complete Works, vol. 11 (Stanford: Stanford University Press, 1990), p. 2 0 0 . d 6 . "The Idea of Social justice in Ancient China," in Sociul justice in rhe Ancienf World, e d . K . D . Irani and Morris Silver (Westport? Greenwood Press, 1 9 9 5 ) . p. 125. 5 4s JUSTICE 1N CONFUCIAN ETHICS 7. 8 . 9 . 10 'Confucian Justice: Achieving a Humane Society," Infernutionul Philosophi- cal Quurterly, Vol. X X X , No. I , March 1990, p. 17. '*Confucian justice," p. 17. However, Heiner Roetz, a German sinologist, has translated y f consistently a s justice, see Heiner Roetz, Confucian Ethics of the Axiul Age (Albany: S t a t e University of New York Press, 1993). But t h e book was published after Peerenboom's 1 9 9 0 paper from which this passage was cited. Nevertheless, in his excellent three volume translation of Xunzi (Hsiin Tzui), J o h n Knoblock has consistently translated yia as justice or social justice. T h e first volume was published in 1988 see Xunzi: A Tmnslu- tion and Study of the Complete Works, vol. 1 (Stanford: Stanford University Press, 1988). Peerenboom notices that yia in Hsun Tzui has been o f t e n trans- lated as justice. But he insists that justice may very well b e the most appro- priate translation of yia for Hsun Tzu', b u t n o t for Confucius. T h e question, as he says, then becomes w h a t this tells us a b o u t the difference between t h e philosophy of Hsun Tzui and that of Confucius (ibid., p. 1 7 ) . I shall deal with this question elsewhere. Here let me just say t h a t we have to make t h e distinc- tion between concept and conception, which 1'11 introduce soon, it may be a fact that Hsun Tzu' and Confucius have different conceptions of y? (the difference between their philosophies). b u t this fact should not b e confused with a different claim that they d o n o t even share the same concept ofyia. As I said, I shall deal with the question a b o u t the difference between Hsun Tzul's and Confucius's conceptions of justice elsewhere, Both Lee and Peerenboom carefully avoid drawing such a conclusion. After the passages I cited above, they immediately a d d , respectively, "Practically all discussions that have bearing on t h e issue of justice or social justice are found in the Chinese articulations o n a moral philosophy of political or social order" (Lee, p. 1 2 6 ) . a n d . ' T h i s is not to say that Confucius was not concerned with issues which fall under the rubric of justice understood in a broad sense" (Peerenboom, p. 17) As Amartya Sen puts it, "it is not even clear t o me that Confucius is entirely more authoritarian than Plato or S t . Augustine. I t is true, of course, that many - though n o t all - of the exponents of justice or tolerance or freedom in Asian classical literature tended t o restrict t h e domain of concern to some . . 5 46 YANG XlAO 11. 12. 13. 14. people, excluding others, but that is also true of the ancient West. Aristotle’s exclusion of women and slaves does not make his works on freedom and justice irrelevant to the present-day world We have to see the origin and exposition of ideas in terms of their factored components.” (“Humanity and Citizenship” in For Love of Counny: Debating the Limits of htriotism, ed. Joshua Cohen (Boston: Beacon Press, 1996), p. 118). The sentence “today’s China can be called a Confucian country” is a contro- versial statement I am not making that statement here; what I am making here is a different, conditional one: Given that doday’s China can be called a Confucian country. Governmental spokesmen of several Asian countries such as China and Singa- pore - for example, in the Vienna conference of 1993, to dispute the relevance of human rights in Asia - often make such arguments based on the confusion. This fact is often overlooked or underestimated by Westerners. Here 1 shall only mentioned two examples, one being extremely well-known and one being unknown (especially to outsiders). Let me start with the latter. Since 1988 there has been a “rights-based law movement” in mainland China. I t started with a debate on “What is the basis of law: rights or duty? ” at the First National Conference on Basic Legal Categories held in June 1988. Since then (and even after 1989), there have been many articles focusing on the issue published in magazines and newspapers. The movement criticizes China’s “state-based’’ “duty-based” conaption of law and its te, lency to “one- sidedly emphasize duty.” One of the major spokespersons of the movement says that “individual rights are the basis and goal of the existence of other rights” and that “only a government that takes citizens’ rights seriously can have people’s trust, respect, and obedience to the law. Only a rights-based theory of law can satisfy this need.” This movement is not just an intellectual movement. It is a reflection of the change of Contemporary political-legal culture and popular culture in today’s China. I t also prepared the atmosphere for the 1989 Prodemocratic movement, which is, of course, a much well- known example. 1 have given an argument for this claim in a paper in Chinese: “Rawls’s k Theory of Civil Disobedience and its Chinese version,” Zhe-me ping-lun JUSTICE IN CONFUCIAN ETHICS 547 15. 16. 1 7 . 18. 19. 20. 21. 2 2 . 23. 24. 25. 26. (China Philosophical Review), voL 1, no. 1, (Beijing: Zhongguo-she-huike- x u e Publish House, 1993). (This journal is t h e first independent philosophy journal in China since 1949.) Also see He Huaihong's."On t h e translation of I 'civil disobedience': a reply t o Xiao Yang's critique," Zhong-gueshu-ping (China Book Review), No. 2 , 1994. This j o u r n a l is published in Hong Kong b u t is also distributed in mainland China. I have given a m o r e detailed argument for this claim in "Hegel's t h e o i y of t h e state and civil disobedience," a paper presented in Prof. Agnes Heller's seminar o n Hegel's Philosophy of Right at t h e New School for Social Research in 1994. T h e basic idea is t h a t , since the m o d e r n liberal conception of justice, and that of citizenship, have become historically possible, and even actual in Hegel's sense, in today's China, civil disobedience can t h u s b e justified. See his Shame and Necessity. (Berkeley: University of California Press, 1 9 9 3 ) ; see, for example, p. 166. Ethics and the Limits of Philosophy, (Cambridge: Harvard University Press, 1985), p. 165. Also see his easy ' T h e T r u t h in relativism" in Moral Luck. (Cambridge: Cambridge University Press, 1 9 8 1 ) , pp. 132-143. These words are Ronald Dworkin's, Law's Empire, (Cambrdige: Harvard Uni- versity Press, 1986). p. 7 0 . He also gives a more articulated account of the distinction, see especially pp. 46-53, 70-76. A Theory o f h s r i c e . (Cambridge: Harvard University Press, 197 I ) , p. 5 . Ethics and the Limits o f Philosophy. p. 1 6 5 . Ethicsand the Limits o f P h i l o s o p h y , pp. 1 6 5 6 . Gregory Vlastos, "Justice and Happiness in t h e Republic': Pluto: A Collection of Critical Essayr, vol. 11, ed. Gregory Vlastos (Notre Dame: University of Notre Dame Press, 1978), p. 66. A Theory of Justice. pp. 10-1 1. Political Liberalism, papcrback, (New York: Columbia University Press, 1 9 9 6 ) . p. 14, n. 15. I intentionally include "a wife," so this formulation cf the concept o f j u s t i c e will be broad enough to be also shared by a sexist conception of justice; see (6B: 1 ) in the Mencius Neverthelss, it seems that Rawls would agree that a concept of justice need 548 YANG XIAO not have these features. At o n e point, h e says that Aristotle's definition of justice is framed t o apply t o actions and persons, whereas t h e definition of justice he a d o p t s "is designed t o apply directly t o the m o s t important case, the justice of t h e basic structure." But, right after this, he says, ' T h e r e is n o conflict with t h e traditional notion." T h e term "notion" here obviously means "concept." T o p u t it in other words, Rawls and Aristotle share t h e same concept or n o t i o n o f justice; see A Theory of Iwn'ce, p. 11. 1 shall n o t use t h e modified formulation of Rawls s in this paper. However, it will b e a very useful o n e when w e want to know w h a t A r u t o t l e or Confucius would say a b o u t t h e basic structure of a society and whether their views of justice are comparable with liberalism. Rawls acknowledges this, see A Theory ofJurtice, p. 5 . "Cases" d o n o t have t o b e limited t o 'human beings", so I add "situations" t o make t h e concept a really broad one. The Concept o f k w . (Oxford. Oxford University Press, 196 I ) , p. 1 5 5 . Mengrzu fui.chieh-luo (Taipei: T'ai-wan shang-wu yin-shu-kuan, 1 9 8 0 ) , pp. 2 1 . 2 8 . 29. 30. 4168. 31. For those w h o believe in the last option, this classification very likely would remind them of a passage in Jorge Luis Borges, which later has become well- known since Michel Foucault started his book The Order of Things with this passage and claimed t h a t his book first arose o u t of it. This passage q u o t e s a certain Chinese encyclopedia in which it is written that animals a r e classified into: a) belonging t o t h e Emperor, b ) embalmed, c) t a m e , d ) sucking pigs, e) sirens, f) fabulous, g) stray dogs, h) included in the present classification, i ) frenzied, j) innumerable, k) drawn with a very fine Lamelhair brush, I ) et ceferu, m ) having just broken the water pitcher, n) that from a long way off look like fhes. Like o t h e r things about China Borges "describes" in his short stories, this o n e is also his invention. Foucault w a n t s to use this exotic inven- tion of classic China for purposes that have to d o with challenging Western classifications. This raises complicated issues, such as, whether it is doing justice t o classic China when the invention in its name is being used as means for ends other than furthering better and more' balanced understandings of classic China. But I can t go into these issues here. JUSTICE IN CONFUCIAN ETHICS 5 4 9 32. For a detailed analysis of t h e other uses of via, such a s those that have to d o with t h e sense of honor and shame, and t h a t have to d o with ria as being internal, see Kwong-loi Shun, Mencius und Early Chinese Thoughf (Stunford: Stanford University Press, 1997). There is a tension between yia as being internal and ria as being just to the particular. It is almost impossible t o hold these t w o uses together. I shall try t o show how Mencius does i t elsewhere. Except in 3B:4 and 4.5, where Mencius and Confucius d o n o t use yia b u t toop instead. What they ask is: “Is it in accordance with toop ( t h e way or principle) to t a k e g?” However, toop and yia are tightly related and probably refer to the same thing. In 7.16 and 4.5, Confucius uses ya a n d tuop in a similar way: each eta in 7.16 and mop in 4.5) is said to b e a principle accor- ding t o which o n e determines whether o n e should t a k e or gain wealth and rank. More importantly, for Mencius and Confucius, t h e metaphor for yia is always tuop ( “ t h e way” or “path”) see 5 A : 7 , 4A.10, 6 A : l l , 7A:33, 4B:2. In fact. with regard t o Mencius’s saying in 4B:2, “ [ T h e great m a n ] walks in the great tuop of t h e world,” Chu Hsiq makes the following comment: ‘“The great tuop isyia.*’ Here I follow Chung-ying Cheng (“On ria as a universal principle of specific application in Confucian morality,” in his New Dimensions of Confuciunisrn a n d Neo-Confuciun Philosophy, Albany: S t a t e University of New York Press, 1991, pp. 2 3 3 4 5 ) , and David L. Hall and Roger T. Ames (Thinking Through Confucius, Albany: State University of New Y o r k Press, 1987, pp. 101-2). However, 1 think that Hall and Ames have gone too far in saying that we should n o t use t h e term “principle o/yia” at all; their reason is the following: “More o f t e n t h a n not. this entails t h e assumption, tacit or explicit, that such principles are transcendently grounded” (p. 101). B u t , as the phrase “more often than n o t ” alsoindicates, to use the term “principle” does n o t necessarily entail t h e assumption, just like the term “justice” does not necessarily entail t h e conception o f equal rights. From t h e nature o f confrontation between him and Mencius in other passages (7B:23 we may also include 2B:lO and 5B: 14, if we agree w i t h Chao Ch’is that Ch’en Tzu’ in these two passages is Ch’en Chen’), I suspect that he is probably not Mencius’s disciple. Especially, judged from his position, very 33. 34 35. 550 YANG XlAO likely he is a Mohist. Or, if he is a disciple, he is, a t least, influenced by Mohism’s universalism regarding the principle of ria; also see my next note. Here I do not have space to show that it also satisfiesanother version of (Y), i.e., (Y) which is formulated in terms of leim (see my section 111 above). In fact, it is not difficult to show that this is the case. In 3B:lO and 5B 4 , Mencius himself speaks of ya in terms of leim. The way to understand these passages is that we must take seriously the fact that the debate recorded in these passages is a debate between Mencius and Mohists and that they use the logical term leim in the way it is used in Mohist logical texts, which is available to us. This is crucial, because Mencius does not leave us any logical text, although he appears to be very good at it. It seems that leim is a logical term commonly used by Mohists, Mencius and other carlier thinkers (e.g., Hsin Tzu’). This paper is part of a larger project which will show that the Mencius as a whole can be better understood within the framework sketched in this paper. Some very difficult passages. such as3B:lO,SB:4,2B:8,7B:2, 1B:8, 3 8 5 , etc. in the Menchrs can be better interpreted. The project also shows that yia is used in the way sketched here in other early Chinese texts. New Dimensions of Confucian and Neo-Confucian Philosophy (Albany: State University of New York Press, 19911, p. 236. New Dimensions of Confucian and Neo-Confucian Philosophy. pp. 236-1. Derrida seems to be endorsing such a general view, for a critique of it, see my paper “Justice and Interpretation: A Wittgensteinian critique of Derrida’s Force of Law”’, which was presented in Prof. Albrecht Wellmer and Prof. Ruth Sonderegger’s seminar ’Toward a critique of Hermeneutic reason’’ at the New School for Social Research in 1995. Derrida’s essay was first publish- ed in Cardozo Luw Review, vol. 11, 1990. It was reprinted in Deconstruction und rhe Possibiliry of Jusn’ce, ed. Drucilla Cornell, Michel Rosenfeld and David Gray Carlson (New York Routledge, 1992). Some of the important papers on the issue can be found in Rufionulify and Relufivisrn, ed. Martin Hollis and Steven Lukes (Oxford: Blackwell, 1982). There are also quite a few books on the issue the literature is massive. I owe this point to Prof. Richard Bernstein. 1 am also grateful to him for encouraging me to explore the issue in Confucian ethics. As he pointed out 36. 31. 38. 39. 40. 41. JUSTICE IN CONFUCIAN ETHICS 55 1 to m e in an unforgettable conversation, t h e debate about relativism has to move to the particular level; and, furthermore, every move is predictable o r has already been made at t h e abstract level. However, I am also aware that these claims are still abstract. T h e slogan “Do justice t o t h e particular,” like all the other slogans such as “Putting immedi- ately into practice what o n e has learned,” i s j u s t another general, abstract and empty rule. T h e slogan can push people t o t h e opposite of w h a t it says. It can negates itself and be carried to extreme - that is, a n abstract relativism, which, for example, may claim that Chinese culture, as a particular, is totally different from Western culture and cannot b e characterized by a n y Western categories. What David Nivison says a b o u t the virtue of “moderation” or t h e “mean” also applies t o t h e virtue of “justice” o r “sensibility to t h e p a r t i c u k r ” . ‘It would seem that if w e give t h e notion of t h e mean any posi- tive content, w e can imagine a situation in which it negates itself, at a higher (or lower) level: even moderation can be carried to extremes.” (“Replies and Comments,” in Chinese Lonyage, Thought, and Culture: Nivison and his Cn’dcr, e d . Philip 1. Ivanhoe, Chicago: Open Court, 1996, p. 291). 42. CHINESE GL OSSAR Y