“Mutual concealment of wrong doing among family members” in the notion of Confucianism
Name:Song Fei Student ID: s08385
Research paper supervisor:Dr.Sekou Conde
School of literature, journalism and communication Minzu University of China
2008-2009 Academic Year
Abstract: “Mutual concealment of wrong doing among family members” is an important part of the ideology of “mercy” in the notion of Confucianism, and it is also the footstone of the ideology which is used in ruling the country. In this paper, we are discussing the meaning of this notion, the qualification to the notion and the respect to humanity. And it is just because of its special significance to the governing class, the Confucianism became the dominant ideology step by step in the ancient China. But in the practice, we will find that there is obvious weakness in the ethical ideology of Confucianism including the notion of “Mutual concealment of wrong doing among family members”. And this kind of weakness asks us to animadvert before we inherit the ideology of Confucianism. Finally, in this paper, we will discuss the practical meaning of the ideology of Confucianism—it is to find the impulse effect on which the ideology of Confucianism brought under the background of the society under the rule of law by uncover the relationship between the researching to the ideology and ruling the country by law.
Key words: “Mutual concealment of wrong doing among family members”; Confucianism; human rights; ideological sphere; weakness; law culture
Introduction:
“Mutual concealment of wrong doing among family members” is an important ethical claim of the Confucianism in ancient China. It means that people do not need to be in charge in concealing the crime commit by family members. [1] This is the first time when we find the definition of “Mutual concealment of wrong doing among family members” in papers.
1. The underlying meaning of “Mutual concealment of wrong doing among family members” in the notion of Confucianism
In the Analects of Confucius, there is a conversation between Confucius and Ye Gong. They are talking about a story of being integrity. In the story, a man’s father stole a sheep, and he revealed his father. So Ye Gong praised him by his integrity, but Confucius regarded the mutual concealment of wrong doing among family members as integrity. [2] That is the first time when the conception “Mutual concealment of wrong doing among family members” appeared in the ancient China.
In recent years, there are so many explanations in the controversy about the notion “Mutual concealment of wrong doing among family members”, so I just want to give a brief description of several points:
First of all, the notion “concealment” said by Confucius, is not harboring or shielding what are understood by some people, but avoiding to be witness of crime commit by family members. It is just to be silent even known that, some kind of negative omission. In the legal aspect it is the “relative immunity to testify”. [3] Therefore, Confucius advocated “the son conceal for father”, what is not illegal.
Secondly, from an ethical point of view, Confucius did not agree that the son reveal his father, and advocated “concealment among father and son”. It is to protect the natural affection between father and son. In Confucian view, the relationship between father and son and has the absolute inevitability, and is surely the human nature. The concealment between father and son is a kind of metamorphous action.
At this point, we can sum up three characteristics of the notion “Mutual concealment of wrong doing among family members” raised by Confucius:
First, the “concealment" in the notion “Mutual concealment of wrong doing among family members” is only omission, rather than harboring. Secondly, “Mutual concealment of wrong doing among family members” has its limit that is limited to family members who did not exceed the socially accepted norms, principles. [4] Thirdly, “Mutual concealment of wrong doing among family members” is just not to reveal the wrong doing made by family members to the outsiders or officials, but “concealment” also asked the family members educate, help, and advice each other in justice and moral fibers, [5]
Confucius has the notion of mutual concealment of wrong doing among family members, but concealment imply mutual admonition of wrong doing among family members as well. [6] Furthermore, Confucius doesn't think that family members should conceal their wrong doing mutually in the public affairs. Confucius doesn't encourage family members to accuse mutually in the private sphere, but thinks that family and community should be regulated in harmony by the spirit of religious ethics.
2. Mutual concealment embraces the respect and maintenance to human rights.
The moral principles embodied in the moral subject are of absolute universality, which can be regarded as the logical foundation of “varying love according to kinship”. [7] Confucius’s thought of “the concealment of father and son from each other in a judicial case” and its corresponding legal system just embraces the respect and maintenance of human rights.
Actually, the notion of “filial piety” embrace that never make family members be immoral. Therefore, loving and respecting parents does not mean that one should obey all orders of his parents, fulfill all there request. [8] It means that one should listen to the parents, to meet the wishes of parents on the premise that following the rules of society. If parents want their children to do things illegal, it is not filial to follow the orders of parents.
At the beginning of this century, it raised two schools of the Confucianism. One is the modern Confucianism (or called new Confucianism, modern Confucianism). Another is the traditional Confucianism. [9] Both of the two schools advocate democracy, and have an in-depth study on the source and the development of democratic ideas. In this process, they have regarded the compatibility of the two value system–- Chinese culture and Western culture as nature things.
And I would like to say something about “human rights”. “Human rights” is a unique noun in the western language, just like the noun “democracy”. It is never found in the ideas of Confucianism. [10] But if the conception of “human rights” is just the admission to the common value and integrity of human, we can also claim that there is the conception “human rights” in Confucianism, even if there is not such a term in ancient china.
If we search in the history, we will find that there are so many common opinions on the basic value between Chinese culture and Western culture. After all, the notion “Dao” is to acknowledge the common value and integrity. [11] And we are convinced that, if Chinese culture find the common point with Western culture, the big problem that Chinese culture is hard to be admit can be solved.
As we all known, in the Cultural Revolution, the love between family members were instead of interclass struggle, and no one thought people around him were reliance. And that is just the period when the politics and the ethics had serious problems. Respecting the privacy is an obvious symptom of the society with high level civilization. [12] If we dig all desires deep in people’s heart out, living in a society with high level civilization is impossible, and the most intimate relationship between father and son, brothers, husband and wife, friends or teacher and student will be damaged. Then they will hurt and betray each other. That is what we do not want to see.
So far, there are four countries which do not have the “family member-avoiding” issue in their laws, and China is one of them. [13] Now, all over the world, from west to the east, even in Taiwan China, there is the “family member-avoiding” issue in their laws. And so many professors and jurists are claiming that some issues in the laws of China should be altered.
The fact that spiritual civilization falls behind material civilization has become a serious obstacle to the human progress in the 21st century. Chinese Confucianism could make much contribution to the reconstruction of human spiritual civilization, based on its profound ethics. [14]
The spirit of Chinese ethical law system and the issue of “Mutual concealment of wrong doing among family members” do not deny the western law system from ancient Rome to America today. On the contrary, the spirit of Chinese ethical saw system is full of humanity, so it is the universal. The law history expert named Tang Zongli deemed that, in the notion of “Mutual concealment of wrong doing among family members”, there is protection and homage to human rights. [15] The doing that let family members avoid the position of witness is meaningful, so it is used so [...]
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