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早期儒家與天賦人權的問題

Early Confucianism and the Question of Individual Rights

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This essay explores ways in which early Confucianism may help address theoretical challenges faced in moral philosophical discourse dominated by the liberalist idea that the concept of individual rights is central in understanding human dignity. The liberalist perspective conceptualizes the existence of individual rights as something to be ascertained through the individual who makes a claim when his rights are infringed. Consequently, freedom becomes a central, indispensible value with respect to human dignity. The theoretical challenge arises from the obvious incompatibility between freedom and other values significant for conceptualizing human rights, such as justice. Responses from scholars of Chinese philosophy to calls for comparative ethical inquiries, the initial question of which was always if Chinese philosophy developed the concept of individual rights, was two-fold. They acknowledged that the concept of individual rights as defined in liberalist moral philosophy was absent in Chinese intellectual tradition, but argued that human dignity could be articulated without it. They further argued that Chinese culture could offer a model of “duty-centered” and “community-centered” moral conduct. This essay argues that such a response, while bearing some measure of truth, shows insufficient understanding of early Confucian teachings. It proposes that the Dao as a metaphor inspires the idea of conduct that is “process-centered” than “goal-centered.” It also argues that the “self” can be both the subject and the object of the cultivation and control, and that can lead to a new, different function of the individual in the course of cultivating moral conduct.

Abstract

This essay explores ways in which early Confucianism may help address theoretical challenges faced in moral philosophical discourse dominated by the liberalist idea that the concept of individual rights is central in understanding human dignity. The liberalist perspective conceptualizes the existence of individual rights as something to be ascertained through the individual who makes a claim when his rights are infringed. Consequently, freedom becomes a central, indispensible value with respect to human dignity. The theoretical challenge arises from the obvious incompatibility between freedom and other values significant for conceptualizing human rights, such as justice. Responses from scholars of Chinese philosophy to calls for comparative ethical inquiries, the initial question of which was always if Chinese philosophy developed the concept of individual rights, was two-fold. They acknowledged that the concept of individual rights as defined in liberalist moral philosophy was absent in Chinese intellectual tradition, but argued that human dignity could be articulated without it. They further argued that Chinese culture could offer a model of “duty-centered” and “community-centered” moral conduct. This essay argues that such a response, while bearing some measure of truth, shows insufficient understanding of early Confucian teachings. It proposes that the Dao as a metaphor inspires the idea of conduct that is “process-centered” than “goal-centered.” It also argues that the “self” can be both the subject and the object of the cultivation and control, and that can lead to a new, different function of the individual in the course of cultivating moral conduct.

참고문헌 (21)

  1. Joel Feinberg, "The Nature and Value of Rights", The Journal of Value Inquiry, 4, pp.243~247 (1970)
  2. Alan Gewirth, "Reason and Morality" (1978), University of Chicago Press
  3. Judith Jarvis Thompsom, "The Realm of Rights" (1990), Harvard University Press
  4. Leroy S. Rouner, "Human Rights and the World’s Religions" (1988), University of Notre Dame Press
  5. Henry Rosemont, "Why Take Right Seriously? A Confucian Critique", 167~182
  6. Roger T. Ames, "Rites ad Rights: The Confucian Alternative", 199~216
  7. Kwong-loi Shun, "Confucian Ethics: A Comparative Study of Self, Autonomy, and Community" (2004), Cambridge University Press
  8. Craig K. Ihara, "Are Individual Rights Necessary? A Confucian Perspective", pp.11~30
  9. Henry Rosemont, "Whose Democracy? Which Rights? A Confucian Critique of Modern Western Liberalism", pp.49~71
  10. Chad Hansen, "The Normative Impact of Comparative Ethics: Human Rights", pp.72~99
  11. "孟子,〈公孫丑〉上", ~
  12. "此篇之 「四端」與〈告子〉上之四端有出入", ~
  13. "〈告子〉以 「恭敬」為 「禮」之端", ~
  14. "零八憲章全文"[URL]
  15. Perry Link, "No Enemies, No Hatred: Selected Essays and Poems", pp.300~312 (2012), The Belknap Press of Harvard University Press
  16. "<絕食宣言〉,看 277-83", ~
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  18. Michael J. Sandel, "The Limits of Communitarianism, In his Public Philosophy: Essays on Morality in Politics", pp.252~260 (2005), Harvard University Press
  19. Simon Leys, "The Analects of Confucius", pp.77~ (1997), Norton
  20. D. C. Lau, "The Analects", pp.155~ (1992), The Chinese University Press
  21. Edward Slingerland, "Confucius Analects", pp.183~ (2003), Hackett

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