【曹晟旻】“體用”范式一包養網心得下的現代權利觀念塑造——基于對社群主義與儒家思惟的整合

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Modern rights concept shaping under the “body application” paradigm

——Based on the integration of community theory and Confucianism

Author: Cao Shengmin*

Source: Author Authorization Confucian Network Published

                                        “My character and civilization” 2020 Issue 2

Time: Confucius was the ninth day of the month of Gengzi, Pu, Guimao, Guimao, June 29, 2020

〔Abstract〕 In order to better combine community theory with Confucianism to shape modern rights and long-term maintenance of the Confucianism, it is necessary to start with the first step to protect the existence of Confucian rights and concepts. Of course, Confucianism’s concept of rights has its own uniqueness, and this important body currently has two aspects: level of sexuality and sensibility. Although it is different from the sameness, generality and political nature of community-based rights, it cannot be denied by this. Some people have both aligned with community theory and Confucianism, and there are internal disagreements. For the modern crisis encountered by current society, Confucianism helps to analyze and reflect on it from an essential point of view. Therefore, the modern structure of the concept of rights does not prevent the basic form of “Confucianism is for the body and community theory is for the purpose of community theory”, thereby realizing a useful integration of community theory and Confucianism.

〔Keywords〕Confucianism  Community  Politics  Politics  Levels  System integration

In the Chinese context, if we want to shape scientific and fair modern rights concepts, we must not open the systematic integration of communityism and Confucianism, because the former has a certain kind of harmony for the latter, and the latter itself is the centralized appearance of Chinese traditional civilization. Of course, the analysis and remarks of this problem must be based on the condition that the real existence of Confucian rights concepts are proved. From a general perspective, if Confucian tradition understands a certain kind of moral-based social morality, then it will definitely not be able to tolerate any concept of rights, let alone recognize the concept of rights in Eastern society. In fact, it is not necessary to publish useful guidance for the concept of rights from the perspective of community morality. At most, “those who view Confucianism as a feasible approach to life today have widely criticized the Confucianism and unrestrained fit” [1] (168). It can even be said that Confucianism itself can represent a certain unrestrained tradition without the need to rely on the support or maintenance of other civilizations. On this basis, the existence of Confucian rights concepts can be unsupported, and the following will explain and explain the system related to it.

1. Conditions and foundations: to protect the existence of Confucianism’s concept of rights

In all, Confucianism not only tries to correct the name of “desire”, but also its political philosophy itself has a society.The strong intention of group theory is to compare these two people with a comprehensive review when necessary, and to fully review the net evaluations they have in order to investigate their respective understanding and understanding of “desire”. To the big talk, Confucianism and community doctrine both recognize the righteousness and justice of “desire”. However, what is different is that Confucianism only advocates “desire for craving” and “desire for craving”, which aims to form a personal personality, while community theory directly uses personal rights as a classic of “desire” to express emotions. It is obvious that the Confucian development confession does not need to promote the to raise a monthly price personal rights from the righteousness and justice of “desire”. Compared with the maintenance and emphasis of rights by Eastern society, Confucianism has developed the attention and emphasis of morality in this life, and even made Yang Zhu’s “for me” finally obscured in the foul of history. In this regard, Liang Shuming once said: “In China, people who are full of power are the ones who lively think of power in the Western world.” [2] (82) From this we can see that Confucianism not only lacks the concept of power, but has not been flooded with power since the beginning. In comparison, community ideologues do not swear or deny rights, but they do not place them in the most important protruding position.

Although, Confucianism has the expression of “correcting people and being harmonious but being divided” (“Shi Lu·Zi Lu”), “Do not do to others what you do not want others to do to you” (“Shi Lu·Yuan”), and “The king gives gifts to you, and the minister serves the king with loyalty” (“Shi Lu·Bao Yi”), which shows that it is never lacking the energy of being unrestrained and equally peaceful. However, some Eastern scholars believe that Confucianism lacks the concept of power [3] (199-216). Because Confucianism is still based on morality, there is no “self-hidden” formed by the responsibilities and duties of power generation. Instead, it proposes the responsibility and duties it points to the Confucian morality, and then stipulates the rights corresponding to these responsibilities and duties, thereby forming a specific right related to the rights subject, affected by the landscape and based on social beauty. This kind of rights is not strictly meaningful, but instead it is a bit ignorant of personal rights while strongly adjusting the affairs.

In the domestic academic world, Tang Junyi pointed out that there was no right concept in Confucius’s thought similar to that in modern society [4] (301), and Li Hanji doubted that right concept was not existing in Confucianism [5]. Although some scholars point out that there is no such thing as “right” in modern Chinese language. [6] (173) However, before the end of the medieval period, words that could be translated as “right” were also not found in the languages ​​applied by modern Eastern society. [7](69) However, people cannot think of it as lacking in power. After all, this practice of directly equating a certain concept to a specific word is obviously lacking in scientificity and justice, and it can also be considered with rights without interest in other measures. For this consideration, some scholars refuse to introduce the concept of Eastern rights into Confucianism because they believe that the effectiveness and influence they develop can be realized with the help of other concepts, thereby preventing unnecessary trouble and inconvenience to the concept of Eastern rights. [8](71-101)[9](54-66) But no matter what, at most, we need to divide the rights from the two levels of conceptual lyrics and contemplative civilization to explain whether Confucianism can form its own right concept.

In general, Confucian tradition is based on community morality. It neither can recognize these concepts of rights nor accept rights concepts similar to those of the East. However, the fact is not complete. Among them, it is certain that the rights and unrestrictedness in Chinese traditional society are the most basic and non-existent on the conceptual level, and at best they can only appear in people’s potential consciousness. After all, the first element of rights is “benefits”. However, Confucianism emphasizes “important profit” and its benefits for individuals are all about pressure and suppression. In comparison, Eastern social thoughts have a positive attitude of confirmation and praise for individual good, especially the socialist theory of “promoting the reality of self-value under social welfare. This is different from Confucianism’s belief that the overall goal of goodness and the morality of individuals is intact and unrestrained” [10]. From this meaning, Confucianism has always examined personal rights aspirations from the perspective of social overall, but is far from the socialist approach to the individual itself. Therefore, it is not difficult to understand that Confucianism has not introduced a corresponding concept of rights from the perspective of personal benefits.

Even if this is the case, this does not mean that Confucianism lacks corresponding concepts of rights. For example, from Confucian discussions on the relationship between monarch and subjects, one can find the maintenance of personal rights. As Confucius said, “The so-called ministers serve the king with the Tao, and do not achieve success” (“Speech: Advanced”). For example, Confucian comments on the relationship between ministers also have a demand for personal rights. As Mencius said, “Those who earn the benevolent say the ‘monstration’, and those who pay the wise say the ‘monstration’. Those who commit the slaughter say the ‘one man’. They have never heard of the monstration of the monstration, but they have never heard of the monstration of the monstration” (Mencius: King Hui of Liang)). For example, Confucianism advocated “From the emperor and the common people, they all rely on self-cultivation as the basis” (“Traditional Notes·Big Learning”), and at the same time proposed “respecting talents and enabling heroes to reign and reign” (“Mencius·Prince of Gongsun Chou”). This explains that Confucianism believes that individuals enjoy virtu