Political and legal thought in ancient China Confucius

Political and legal thought in ancient China - Confucius

From the very beginning Far East has been creating quite different vision of every branch of life than the rest of the world. From culture to religion, through science and morals, Asians have formed an original way of thinking. Confucianism is a perfect example of their originality – this philosophy has moulded lives and outlooks of many people from Eastern Asia, including Chinese, Japanese and Korean. However its creator hasn’t written any book, his pupils have. They’ve passed to the next generations whole ideas of their master: social, political, even existential, based on the rule of tradition.

Confucius (Master Kong, Kongzi, Kongfuzi) was born in 551 BC in eastern China. Although his ancestors were aristocrats (Royal State of Song), his family was poor. It was a consequence of political changes in the Chou Empire. Previous dynasty was undermined by Chinese states, which started competing to hold supreme rule. Old, traditional principles were deteriorated. Confucius’ poverty forced him to undertake physical jobs, until he started working for the government of the State of Lu. His life changed radically, when he was exiled after political intrigues. Since then Chinese philosopher travelled through empire, working for dukes in many states. His royal origin, wisdom and knowledge about tradition made him meaningful for rulers, trying to increase their power in the empire. However, his main role was to teach the Chinese, show them the relevance of tradition. His ideology was retained thanks to his pupils, who wrote e.g. Lunyu, the book about Confucius’ thoughts.

To fully understand the philosophy of Confucius, we need to take a look at the culture of Eastern Asia and specific way of observing reality. Undoubtedly, there are many differences between European and Asian thinking: while we treat basic categories as an excluding alternative (one thing or another), for them the world is binary, and every two contrast categories need to exist in balance. In the universe where everything is connected, harmony – conformity with time, situation and direction of change - is absolutely necessary. Asian world is smooth, it’s hard to observe any boundaries between things. Man, family, society and Heaven (Tian) are levels in our reality, which should be balanced.

Heading to the issue strictly connected to the political thought of Confucius, we must acknowledge there is a relevant difference between Europe and Eastern Asia. This time it is based on a main problem of politics. While we tend to ask ourselves a question “individual or society?”, Asian philosophers focus on the balance between these two elements. How can we assure that balance? Confucius emphasizes meaningfulness of prevention. He claims that the hardest yet the most important task is not to let the harmony shake; repairing negative changes is not a right solution. Custom (li) is the way to prevent such a problem. Ancient philosopher claimed people need internal balance to achieve social one. It is possible, if we obey rules of tradition and accomplish our obligations as a member of family. To maintain harmony, man should follow empathy and understand the others. It is clear, that according to Confucius not the law provides the balance between man and society, yet morality. As a result, when we commit a crime, we break that harmony, not law. Being in a family helps us achieve the virtue of humanity (ren) e.g. thanks to the son’s love to his father, loyalty and honesty. Moreover, the internal hierarchy within family reminds the one in state – it shows people their place in the structure and the scope of their duties. Simultaneously, this hierarchy is not a result of some sort of compulsion; our will to obey the rules comes from the morality.

The state of balance, achieved by following the rules of tradition, needs to be strengthened. According to Confucius, this is the function of bureaucracy. He claimed it should be based on commonly available system of education, giving people a chance to make career because of their knowledge, not aristocratic origin. Well educated, hard-working civil servants would make administration avoid weakening. Moreover, potential candidates would be motivated to work persistently and educate. Bureaucracy, consisting of professional people with suitable qualifications would be a stable, invariable power, existing in spite of changeable politics. It is characteristic of Confucius that he distinguishes the issue of bureaucracy and form of power. Even when he takes into account some basic modifications within a state, he supports the existence of empire. His actual purpose is a change of morality.

Aside from its advantages bureaucracy has also some drawbacks – it is susceptible to overgrow. Confucius asserted, that suitable solution for this danger are elites, capable of controlling the process of expansion. However, this word cannot be understood in a pejorative way - ancient philosopher considered elites a group, distinguished due to the education, not wealth or royal origin. He thought they would contribute to the development and strengthening of the state because of their wisdom and knowledge. Even if the existence of elites may result in the problem of anarchy, Confucius finds them relevant, underlining the role of sages’ creativity, which might protect the state from schematic behavior.

Not only did he create a theory about three basic elements of state – he also formed a model of governing. Confucius claimed that noble ruler is supposed to avoid using force – instead, his main feature should be the virtue of humanity, and the measure for all decisions – morality. A humanitarian ruler avoids killing people and oppressing citizens. Moreover, he is obliged to represent the truth.

Confucius is also known for the theory of names. It is based on a rule, that every name must be proper for certain object. Each category, created by name, is connected to some specific features. Perfect example of this theory is a word “ruler”. If a man wants to be called that name, he has to fulfill some obligations, appealing in a model definition. Otherwise we cannot find him being a ruler.

It appears the theories of Confucius are related to each other. The state to last for a long time needs efficient bureaucracy, stable in the time of short-lasting changes, yet only with elites it may work effectively. However, all those people, both officials and sages, have to obey tradition, be moral. Same rule is a duty for all the society – citizens should fulfill their obligations just as they do it as members of their families. Morality would be the factor, having influence equally on proper governing and functioning in society.

Although the theories of Confucius may seem utopian, their relevance for a history of politics and culture in Eastern Asia is impossible to undermine. There is a reason why Confucius is known as a “Teacher of Ten Thousand Generations”. Rules created by this ancient philosopher became inspirational for Asians. Confucianism has been not only a way of thinking, yet also a religion. It retained its meaning due to its universal character – ideology, emphasizing the role of morality and respecting our obligations, may be inspirational equally for rulers and the rest of citizens.

Bibliography

  1. Leksykon myślicieli politycznych i prawnych, red. Elżbieta Kundera and Marek Maciejewski, third edition, C.H. Beck, Warsaw 2009

  2. RICHEY, J.,Confucius [online], access: [November 24,2012], available on the Internet: < http://www.iep.utm.edu/confuciu/ >

  3. RIEGEL, J., Confucius [online], access: [November 24,2012], available on the Internet: <http://plato.stanford.edu/entries/confucius/>

  4. WÓJCIK A.I., Konfucjusz, Polska Akademia Nauk, Cracow 1995


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