Table of Contents Prologue 5 Introduction – The Great Periods 9 Part One: The Feudal Period Chapter I: The Five Classical Books 17 1. Introduction 17 2. The Classic of Spring and Autumn Annals 21 3. The Classic of Historical Documents 25 a. The Legendary Emperors: Yao and Shun 29 b. The Xia Dynasty 34 c. The Shang Dynasty 37 d. The Zhou Dynasty 43 e. Some Considerations on the Classic of Historical Documents 52 4. The Classic of Changes 57 5. The Classic of Rites 61 6. The Classic-Book of Songs 68 Chapter II: Confucius and Mencius 89 1. The Heritage of Confucius 89 a. The Five Classical Books and Confucius 89 b. A Profile of Confucius 92 2. The Heritage of Mencius 101 a. The Example of Emperor Shun 102 b. The Family: School of Humanity 108 c. Human Nature 112 Chapter III: Taoist Philosophy 117 1. Lao Tzu 117 1 2. Chuang Tzu 127 Chapter IV: The Legalist School 139 1. The Lord of Shang 139 2. Xun Zi 143 3. Han Fei Zi 149 Part Two: The Imperial Period Chapter V: The Unification of the Empire 153 1. Fourteen Years of the Qin Dynasty 153 2. Four Hundred Years of the Han Dynasty 156 a. The Confucian Influence on the Empire 156 b. The Life of the People 161 c. Taoism as a Religion 171 Chapter VI: The Influence of Buddhism 177 1. Historical Context 177 2. The Doctrine of Buddha 184 3. The First Discourse 187 4. The Smaller and the Greater Vehicles 189 5. Buddhism in China: the Chan sect 192 6. The Tang Dynasty (618-907 AD) 196 Chapter VII: The Four Books 203 1. Introduction 203 2. The Great Learning 206 3. Heaven and the Principle of Heaven according to the Great Learning 214 4. The Doctrine of the Mean (Chung-Yung) 218 5. From Confucianism to Neo-Confucianism 224 2 Chapter VIII: Chinese Humanism 229 1. Daily Life 229 2. The Family 236 3. The Laws 241 a. General Principles 241 b. The Great Code of the Ming Dynasty 244 Part Three: The Republican Period Chapter IX: The Nationalist Revolution 257 1. Fall of the Empire 257 2. The Republic of China 261 3. Juridical Persons 266 4. The Concept of Person 273 Chapter X: The People’s Republic of China 279 1. Early Years: 1949-1978 279 2. New Laws and the Constitution 281 3. The Historical Development of Family Planning 286 4. The Current Situation 292 a. Economic Considerations 292 b. Social Considerations 296 5. A Humanist Approach 297 Conclusions 301 Time Line 305 Bibliography 307 3 4 PROLOGUE In 1986, I moved from Uruguay, where I was born, to Hong Kong and then to Macau, for work reasons. My job frequently took me to the capital of China and, at times, to other cities. In 1992, in a conversation with Mr. Frank Yao, a client from Hangzhou, I mentioned that I would often write down my impressions and recommendations to a lady friend in Beijing. I remember Frank encouraging me to continue writing, as the Chinese authorities listen to us, businessmen from my country. Frank also said that their leaders take special note of the observations of foreigners whom they consider “powerful,” even if there is always that suspicion that we may have some vested interests in their country. Nevertheless, Frank assured me that the government holds us in “friendship and trust.” In 2005, when a Spanish course was launched in the University of Macau, I saw the need to complete my post-graduate studies. Another friend, this time from Hong Kong, suggested that I visit the web site of the University of Navarre and search for the course on Government and Culture of Organizations under the Institute of Business and Humanities. Upon doing so, I clearly saw the possibility of harmonizing Chinese culture with Western culture—of noting the similarities between Chinese humanism, which is as pure and as natural as jade, and Western humanism, which is purified by Christian Revelation. My friend from Hong Kong, Alberto Serna, has since passed away. He died while I was doing my doctoral studies, and his remains lie in the city of Pamplona, Spain. Although this may not be the proper moment to thank him, I choose to do so—not only for this piece of work, but also for the many other advices suggestions that he had given me for the past 20 years and more. A few months before filing my application to this program, my lady friend from Beijing had suggested that I write about down my impressions of my first 20 years in China. Thus, year after year, I would finish a page, until I came up with a 20-page document. To prove that I was qualified to be admitted into the said doctorate program, I attached a copy of my writings impressions to my application papers. The director of the Institute then informed me that he wanted to have my work them published in their Revista Nuevas Tendencias. Among other things, this paper those impressions reflected my concern about the Chinese government’s current policy on the family, as I have had seen how the Chinese family had suffered considerably under their laws. In other words, even 5 before embarking on this research, I was had already decided that my main topic would be the present and the future of China with special focus on the relationship between the family and the State. From a political point of view, China has learned to overcome and heal the wounds inflicted by the class struggle during the Cultural Revolution.1 It is harder to judge the extent of the damage that the Revolution wreaked when it tried to break away from the humanism of the Classical Period. At present, the Chinese government is taking steps to recover and resurrect the more influential figures philosophers of ancient Chinese society. 註解 [LM1]: "figures" is too general. Better be more specific in word usage-- For many years, there has been an increase in the dissemination of the bibliographies and philosophers or thinkers are more specific. works of these philosophersthinkers., who happen to Their thoughts play a significant role in the development of this thesis. Such Their works are now figure available in the libraries, quoted in newspapers, and displayed in museums, and parks of China. This fact makes the topic truly relevant, and not just because this author has chosen it to be the main topic of his research. This study therefore aims to awaken interest in the classical humanism of a generation that has come to influence the decisions of the Chinese government, composed of people who were then young students during the Cultural Revolution—people who then had very little or no knowledge at all of their cultural past. I likewise hope that this thesis would generate interest among Western scholars to undertake more studies on major topics about the Orient. For many centuries, most of the Chinese people would had considered such studies as intrusive, however, China today seeks to dialogue and hold an exchange of ideas such so that both the East and the West may acquire mutually increase their wealth in knowledge and experience. The subject matter of this thesis is relevant anywhere in the world, but even more so especially in China because since the relationship between the State and the family affects a fourth of the world’s population; and because China is one of the oldest civilizations of in the world. Thus the theme of family and State is characterized by has great wealth and variety. Further proof of the relevance of this topic is that governments today dedicate significant attention to the family--for instance, programs on housing, social security, pension systems, and education. There are very few areas of governance that do not affect the family. Daily news reports now often depict some aspect News about of the consequences of family planning, which is a central topic of this study, now figures more often and from various perspectives in the daily news. 1 The Cultural Revolution that took place from 1966 to 1976 and has generated much literature about it. The book, Life and Death in Shanghai, is more than just a great book—it is a miniature work of art--and I deeply admire its author, Ms. Nien Cheng. 6 To end, I would like to thank, firstly, the University of Navarre, where I experienced in many ways its lavish concern and affection for all its students. I also want to thank the Institute of Business and Humanities, which tirelessly fosters excellence in scholarly work. I would like to mention three names: Dr. Rafael Alvira, whose prudence and wisdom saw through this work to its conclusion, down to the choice of the thesis title; Dr. Antonio Moreno Almárcegui for his utmost trust and encouragement as well as for his many recommendations, specifically for dissuading me from including a chapter that compares the cultures of the East and the West. I proposed this idea to him twice and twice he pointedly said that I was digressing from my topic; and Ms. Marina Martínez, for her infinite patience in proofreading this thesis. I likewise hold in gratitude the members of my thesis review panel for their observations, recommendations, questions, and corrections. I am particularly grateful for their unanimous suggestion to make my Introduction more explicit. Their congratulatory remarks are also well appreciated. The participation of Dr. Luis Oliveira Díaz and his son, Duarte, have been very important in the making of this work.