2025/04/26

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Taiwan Review

Legalism, Religion and the Chinese Ethical Teachings

September 01, 1951
In commemoration of the 2502nd anniversary of the birth of the Noble Sage*

I. Legalism

Lao Tzu, who is believed to be born about 604 B.C., was a profound thinker and ethical teacher. As the founder of Taoist philosophy, he had a strong conviction that the state of mankind before the organization of government was an ideal stale of primitive freedom and universal happiness. He was opposed to government by law, and held in contempt the sages, or wise men, who tried to rule over and interfere with the people. He even went so far as to declare that there would be no end to robbery if sages did not die. Another school of thought held the obviously opposite theory of Legalism. Shyun Tzu, who, according to Dr. Hu Shih, lived from about 305 to 235 B. C., developed the doctrine that human nature was inherently wicked, a theory which was used as a philosophical basis for Legalism. Shyun Tzu was of the opinion that human beings possess inborn vices such as selfishness and avarice and that they are apt to grasp profit from others and to exploit those weaker than themselves. Accordingly, the state of nature was deplorable, and the teaching of propriety and the practice of law were indispensable to good government and social order.

In the West, two other schools of thought postulated a state of nature in pre-historical times. Thomas Hobbes, the English philosopher, who lived from 1588 to 1679, believed that because of the competition amongst mankind the state of nature was one of anarchy and of violence, with every man's hand against his neighbour. During that stage the life of man, according to Hobbes, was "solitary, poor, nasty, brutish, short," and ideas of right and justice were unknown. Therefore, he established his hypothesis that political society was artificial, created by a social contract founded on the desire for security. Law, according to him, was the result of the general desire for self-preservation.

Jean Jacques Rousseau, a French philosopher of a century later, deduced his theory of social contract from the conception of a pre-political state of nature in which men were equal, self-sufficient and contented. It was Rousseau's contention that the division of labour, which followed the development of arts, and the rise of private property created the distinction between rich and poor and broke down the happy natural condition of mankind, necessitating the creation of the body politic and social contract.

There is striking resemblance between the theories of the Chinese philosophers who belonged to the school of Legalism and those of Hobbes, and the state of nature visualized by both Lao Tzu and Rousseau is also very similar. But whereas Lao Tzu was opposed to governmental interference and advocated a return to nature, both the Chinese philosophers of the school of Legalism and the Western philosophers who maintained the doctrine of social contract agreed that laws were essential to social order and security, regardless of what the real state of nature might have been. That the state of nature was happy and self-contented is a mere hallucination and that there were disturbances, evils, chaos, and all kinds of grossness much more probable. The necessity of enforcing law is now generally accepted.

By strict enforcement of law, rulers of all times were able to maintain their authority and govern the people. It is, however, undoubtedly true that by law alone, happiness and justice in their real sense would be far from being realized. In the past, the rulers of nations have not always been keenly anxious for the well-being of the people. Hence, laws too often were but instruments guaranteeing the interests of the rulers themselves. Then, by reason of the fact that strict equality at the bar of justice could not be obtained, grievances and complaints were inevitable amongst the mass of the people. This is in accord with the Chinese saying: "While one is condemned to death for stealing d hook, another who robs the country is made a duke." With such inequality, how could it be possible that law would command respect? Again, people although right in law were not necessarily morally right. In order to make people decent, upright men and women, the mere threatening of legal punishment is not sufficient. Punishment by law is but one of society's sanctions. It is only a surgical operation, but not a public cleansing. Confucius said: "In hearing litigation I am tot unlike any others. What is most essential is to cause the people to have no litigation." This is the equivalent of the saying, "Prevention is better than cure."

II. Religion

In view of the limited function of law the rulers or wise men of olden times utilized another force for the guidance of the people. That is religion. The function of religion is, primarily, to furnish man with a means of contact with the supernatural. By the spreading of religious belief, the rulers secured and are still securing the following achievements. In the first place, religion contributes to the prevention of social evils, while law is only a curative means. People who refrain from rob­bing each other are not actuated solely by fear of punishment by a court, but principally by the fear of offending their own conscience. Religion appeals to human conscience and penetrates deeply into it. In the second place, religion teaches a solid dogma of cause-and-effect. "For that which a man soweth that shall he also reap," is a forceful warning to mankind. "Evil conduct will lead to the graveyard of suffering." "Doing good is a highway to Heaven." Buddhism gives its believers the warning that if you sow the seeds of evil conduct in the present incarnation you may become a beast or, even worse, an insect, in your next incarnation! In the third place, religion reveals the way to immortality. It is a psychological fact that nine out of every ten persons are afraid of death. Religion making use of this weakness in human nature suggests a means or channel of communication between the supernatural and mankind, through which the souls of men may secure immortality.

III. The Chinese Ethical Teachings

The traditional ethical teachings of the Chinese are to a great extent different from Lega­lism and Religion. By Chinese ethical teaching I mean Confucianism. Though Confucianism, Buddhism and Taoism have intermingled to compose the bulk of the Chinese philosophy, yet Confucianism has been holding supremacy, dominating the outlook of life and the standard of morality of the Chinese as a nation. If West and East do meet, the great teachings of Confucianism may have far reaching influence on Western civilization. One of the high ideals of Confucianism is the maintenance of good social order. In contradistinction to government by law, Confucianism prefers government by propriety. Perfect virtue could be obtained, according to Confucius, by subduing oneself and returning to propriety. In the Analects, the sage taught: "Look not at what is contrary to propriety; speak not of what is contrary to propriety; make no movement which is contrary to propriety." By strict adherence to this doctrine an ideal personality could be cultivated, and if everyone adheres to this doctrine, there is no necessity of enforcing the law.

IV. Confucianism is not a Religion

Confucianism is not" a religion. It is an embodiment of wise teachings both political and ethical. It is recorded in the Analects that "while you cannot serve man, how can you serve spirit? While you do not know life, what can you know about death?" Although with Confucius the vague impersonal term 'Heaven' took the place of the Divine Name, he thought it better that men should not occupy them­selves with the supernatural. "Respect deities and spirits, but keep away from them," is another Confucian saying which can be quoted as evidence that Confucianism is not a religion. According to Confucianism, Heaven is a natural force which sets the universe in order. Therefore, "they who accord with Heaven are preserved, and they who rebel against Heaven perish." There is much more bearing on this teaching in the works of Mencius.

The destiny of mankind depends upon them­selves. Mencius quotes a passage from Tae Kea, which says, "When Heaven sends down calamities, it is still possible to escape from them; when we occasion the calamities ourselves it is not possible any longer to live." The will of Heaven is gauged by the general will of the people. A quotation from the Great Declaration - "Heaven sees according as my people see; Heaven hears according as my people hear" - suffices to vindicate that, to a Chinese mind, the world is man-centered rather than God-centered.

V. The Doctrine of the Golden Mean

The fundamental principle of Confucianism is Moderation or the Doctrine of the Golden Mean. In the Doctrine of the Golden Mean, which was written by Confucius' grandson, Tzu Szu, it is said, "While there are no stirrings of pleasure, anger, sorrow or joy, themind may be said to be in the state of equilibrium. When those feelings have been stirred and they act in their due degree, there ensues what may be called a state of harmony. This equilibrium is the great root from which grow all human actions in the world, and this harmony is the universal path which they all should pursue. Let the states of equilibrium and harmony exist in perfection, and a happy order will prevail throughout heaven and earth, and all things will be nourished and flourish."

What Tzu Szu meant was to educate oneself to be a superior man by controlling one's pas­sions, which were the source of behavior. One's passions being regulated in the middle course, there could be attained a reasonable behavior leading to a harmonious form of existence.

In the Doctrine of the Golden Mean, Tzu Szu quoted Confucius, who said, "I know how it is that the path of Mean is not walked in; the knowing go beyond it, and the stupid do not come up to it. I know how it is that the path of Mean is not understood; the men of talents and virtue go beyond it, and the worthless do not approach it." The saying still holds true even today. In a world where extreme 'isms' contend for supremacy it is the middle course, which is neither the extent of one nor the other, that always prevails.

VI. Cultivation of the Person

In its endeavor to achieve an ideal social order, Confucianism teaches people to cultivate the person as a first step. In addition to the teaching of propriety and the doctrine of the Golden Mean, Confucianism advises man to appeal to his own reason. Mencius says, "Let a man not do what his own sense of righteousness tells him not to do and let him not desire what his own sense of righteousness tells him not to desire; to act thus is all he has to do." By appealing to one's own sense of righteousness one is given the chance of examining his own conduct. Mencius says, "If a man love others and no responsive attachment is shown to him, let him turn inward and examine his own benevolence. If he is trying to rule others politely and they do not return his politeness, let him turn inward and examine his own feeling of respect. When we do not, by what we do, realize what we desire, we must turn inward and examine ourselves in every point. When a man's person is correct, the whole Empire will turn to him with recognition and submission."

The teaching of self-cultivation and perfect personality is but one portion of Confucian philosophy. The real aim of Confucianism is to achieve good government of the State and universal tranquility of the world. In the Analects, Confucius says, "Now the man of perfect virtue, wishing to be established himself, seeks also to establish others; wishing to be enlarged himself, he seeks also to enlarge others." A real Confucianist will endeavor to serve humanity to the limit of his power. Mencius says, "Heaven's plan is the production of mankind is this: that they who are first informed should instruct those who are later in being informed, and they who first apprehend principles should instruct those who are slower to do so. I am one of Heaven's people who have first apprehended; I will take these principles and instruct this people in them. If I do not instruct them, who will do so?"

This audacious tone of Mencius touches every reasonable heart, Mencius' audacity is further manifested in his definition of 'Great Man,' which is now quoted: "When he obtains his desire for office, to practise his principles for the good pf the people; and when that desire is disappointed, to practice them alone; to be above the power pf riches and honors to make dissipated, of poverty and mean condition to make swerve from principle, and of power and force to make bent - these characteristics constitute the great man."

VII. Conclusion

In view of the foregoing dissertation on the Confucian teachings, we are inclined to conclude that the ethical heritage of that the Chinese are age-old and deep-rooted. No matter how brutal and barbarous the Communist methods may have been in liquidating the intellecgentsia and in suppressing all those who appear to have clung to the traditional way of thinking, the Chinese as a nation, we have strong reason to believe, can never be enslaved in so far their moral and spiritual life is concerned.

*** Confucius' birthday is officially celebrated on August 27

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