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 The Classic of Historical Documents 25 a. The Legendary Emperors: Yao and Shun 29 b. The Xia Dynasty 34 c. The Shang Dynasty 37 d. The Zhou Dynasty 43 e. Some Considerations on the Classic of Historical Documents 52 4.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

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

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

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. While the The help of Dr. Javier de Pedro, a great Sinologist and lover of China, was significant in many ways, from perfecting the translation of the poems to clarifying concepts and themes that I did not fully understand. It makes me happy to think of the many friends I made in Beijing, Shanghai, Hong Kong, Taipei, and Macau—and in all of China. I can come up with a long list and yet miss out on some of them, so may I express my sincere thanks to all—for your friendship and because, in one way or another, you have not only been friends, but teachers as well. I would like to make special mention of Chargeurs Textiles in Uruguay, the company that gave me the opportunity to work in this part of the world. I have for them, not just words of thanks, but, more importantly, a “debt of gratitude” for their trust and their decision to for choosinge me to as their representative them in China. Upon selecting from In the course of my research into the many ancient poetic forms that I had researched, what struck me most was the idea of children holding a debt of gratitude to their parents for the gift of life. And as I reviewed the many other great moments in the history of Chinese humanism, my thoughts and affections extended to my own parents and my nine brothers and sisters; and I thank God for having them.

INTRODUCTION THE GREAT PERIODS

Among my initial observations of the relationship between family and State in the history of China, I discovered this one extraordinary fact: Chinese civilization is founded on the family and the State, which also are the main factors behind this civilization’s strengths and weaknesses. In the Chinese language, the concept of “country” is expressed in two characters--guo-jia, the first meaning “State” and the second, “family.”

Chinese civilization is founded on the strength of the family and on the power of the State--not on persons or structures of civil society. 2 On one hand, this system has guaranteed the unity of the nation for over 4000 years; on the other, it has reinforced family ties such that China can be viewed as a society of united families.

Around 300 Chinese emperors rose in succession from 12th century BC to 1911 AD, all of them men, except for three who ruled the minor dynasties. For over 3000 years, every emperor was endowed with the title “Son of Heaven (Tian Zi) because it was believed that the power of the emperor was a “mandate from heaven.”

A centralized China was established in 221 BC and, from then on, it was decreed that only the emperor should decide on his subjects’ daily concerns, great or small. No other body, power or authority existed apart from the emperor. All officials, government institutions and religions were docile instruments in his hands.3

The Empire expanded in scope and in numbers. Its unity, or the lack of it, depended on the kind of relationship the emperor had with the various clans, as well as on how these clans dealt with each other: “It is not easy to keep the Mandate of Heaven (Ode no. 235) This shows that by having the support of the people, they have their countries and by losing the support of the people, they lose their countries. Therefore the ruler will first be watchful over his own virtue. If he has virtue, he will have the people with him. If he has

2 Lin Y.T. (2006), p. 169 3 Thorp, R.L. (1988), pp. 21-23 9 the people with him, he will have the territory. If he has the territory, he will have wealth. And if he has wealth, he will have its use. Virtue is the root, while wealth is the branch.”4

During the great imperial periods--both the feudal and the united--governments, trade guilds, corporations and private universities were unheard of. Only the family existed and, with it, the family business. Even the work system in China revolved around the family. In its immense majority, the family as an economic group tilled a parcel of land for centuries—even millennia—and passed on its line of work through generations. In like manner, the city’s artisans, musicians and businessmen handed down their skills and knowledge to their children.

Families would habitually hold reunions in their ancestral homes, where they displayed the plaques tablets bearing the names of their ancestors are conserved. There, the heads of families discussed such things as their profits from the fields, the care of the elderly, disputes, and the education and the marriage of their children. Simply put, everyone wanted to have numerous descendants and joyfully looked forward to longevity in life.

Family reunions were considered important moments to relax and to celebrate. Chinese New Year is one significant feast that many families continue to observe to this date.5 Other significant events, like weddings, banquets, remembering the dead, the birth of a son, the start of a business, and the return of a family member or friend are celebrated within the family.

No other institution can explain China’s survival as a State for over 5000 years. Through the centuries, neighboring peoples from the North and the West invaded the land, and it was the family, imbued with a wealth of culture and profound humanism that absorbed the impact of these incursions—the invaders were integrated into the Chinese way of life. Chinese civilization thus earned distinction for its high level of humanism. Filial piety, harmony, hospitality, tolerance, love of nature and love for life are some notable traits of this brand of humanism—the very characteristics that conquered, so to speak, anyone who approached their land.

Like those in many Western democracies, by the middle of the 20th century, many Chinese intellectuals came to think that the world’s resources could no longer sustain an ever-growing population. To avoid this perceived population boom, they proposed the implementation of a strict policy on family planning, on the premise that economic development is not compatible with population growth; moreover, this idea was quickly

4 Chan, W.T. (1973), p. 92 5 In 2010, over 200,000,000 people left their places of residence during the Chinese New Year. Majority of the young people traveled from their work places to reunite with their parents and grandparents who lived in other cities or towns. 10 passed as a State legislation. Thus, the introduction of population control in modern Chinese history radically transformed the relationship of the family and the State, resulting in a situation that demands deeper study.

Of late, the institutions of marriage and the family have suffered many trials. Centuries of respect for marital rights and procreation have become secondary to economic development. That is, marital rights are now subject to external, quantitative factors that can change from time to time. In this study of the relationship between the family and the State, this author proposes to share elements drawn from Chinese history that can shed light on this matter.

The majority of opinions about present-day government policies regarding the family are based on economic arguments. The fact is today’s family planning policies were instituted less than 50 years ago, when people started to be concerned about some of its effects and consequences. What this author shall try to find out is the extent to which non-economic factors can could be relevant in the an in-depth analysis of the development and policies on population control.

A State made up of Families 註解 [LM2]: It's good to insert subheads so that the eye of the reader does not get tired from reading too much text. How can one discover confirm the reality and truth overriding importance of non- 格式化: 字型: 粗體 economic factors in marriage and the family? I came up with a formula that can 格式化: 字型: 粗體 demonstrate how the wealth of knowledge accumulated through the family—seen as an 註解 [LM3]: "reality and truth" are rather very general words. It's better to continue important aspect of Chinese cultural heritage—may draw out serve as a reference ideas with the track of citing "non-economic and solutions to better understand the relationship between the family and the State. As I factors." embarked on this research, I had no idea that I was going to stumble upon a most fascinating history that began in a unique and admirable way: the Chinese State as one made up of families. Filial piety reigned in the Empire and people learned to deal with each other on equal terms, the way brothers and sisters would in a family.

The Chinese’s profound love for writing and for documenting history in a clear and concise way greatly helped in this study. It helped this Westerner understand how in the Orient, people love what is concrete; they are able to synthesize and speak in a simple and direct way. More often than not, they communicate without words, not because they wish to hide facts, but because they have such high regard for the obvious that there is no need to express this in words.

In choosing the literary sources for this work, I had the privilege of going through the so- called Classical Books, material that the young Chinese studied in order to pass the yearly provincial, national and imperial examinations. Only the best students—very few of them, in fact—were chosen to serve in the government. The Chinese spirit was formed

11 by what these books imparted. The State chose books that were to be the core of the education of the young, and their content reached the very corners of the Empire. On the other hand, books that did not figure in the list, regardless of their huge number or significance, were not considered important to the academic preparation of the youth.

The said list included the five classical works of Confucius6 that formed the essence of his teachings; the two great books on Taoist philosophy--the books of Lao Tzu and of Chuang Tzu; the Little Book of Filial Piety; and, after the 14th century, the four books of Zhu Xi. These books contain not just theories of ethical and philosophical value. Rather, the dynasties applied the full force of the law to foster these virtues in order to safeguard and defend family relationships.7

Throughout the history of China, the majority of scholars have agreed that Chinese humanism is based on three schools of thought: Confucianism, Taoism and Buddhism. Of the three, Confucianism occupied a preeminent position in the sphere of social relationships, which were deemed simply an extension of family relationships.

The imperial examinations continually fostered virtue and rewarded talent. Study was geared towards cultivating the virtues, especially those of benevolence, good manners, justice, trust, sincerity and wisdom. One cannot count the number of young people who had profoundly studied and written about these books’ ethical and philosophical contents.

In this attempt to follow in the footsteps of those students of old, I thought it relevant to expound on the legacy of Confucius as best as I could: how his teachings were enforced during the Han Dynasty; how Zhu Xi personally interpreted Confucius; and how Zhu Xi influenced Confucianism in the later years. The tone and temper of the dynasty Codes help show, not only the strength of family relations, but also the huge influence of the Lord of Shang’s Early Legalism that persisted until the turn of the 20th century.

Besides referring to important historical figures and how Confucianism relates to Taoism and Buddhism, other aspects arise, leading this author to other conclusions. History shows that Taoism bolsters the pillars of benevolence, not just as an extension of filial piety, as Confucianists say, but because benevolence is their road to immortality (understood as physical immortality). It is in the hands of man to decide how long one should live: men who do good deeds live long, while evil-doers perish early on.

6 In Spanish, the teachings of Confucius are interchangeably refered to as confucionismo or confucianismo. In this work, we shall use the English translation, Confucianism. 7 The five relationships are: father-son; husband-wife; emperor-subject; older brother-younger brother; and that of friendship. 12

Buddhism likewise strengthens the ties of men with their ancestors. Devotion to one’s ancestors is purified and embraces all: men and women who have led good lives become bodhisattvas after they die. This means that they have acquired the State of perfect bliss and are able to help their families who are still living in the present. Buddhism boosts the tradition of ancestor worship, as well as the obligation to be benevolent. Good works release men from transmigration and lead them to the State of Nirvana, while evil deeds lead one to be reincarnated into a lower life form or, worse, to be plunged into one of the 18 levels of hell.

In other words, the virtue of benevolence is the common connection among the three schools of thought that contributed to Chinese humanism. For these three schools, benevolence is man’s most perfect State of being. It is practiced first within the family, which is why for 4000 years the Chinese State was founded on the family and on the virtues of filial piety, benevolence, sincerity and on the famed Golden Rule that states, “Do unto others what you want others to do unto you.”

The Three Great Periods 格式化: 字型: 粗體

As far as the organization of the State is concerned, we can point to three great periods: the Feudal, the Imperial and the Republican. Each period saw the relationship of the State and the family take on a different tenor, a topic which is central to this study. As regards methodology, this author follows Confucius' advice: “I was not born with knowledge but, being fond of antiquity, I am quick to seek it.” 8 The ancient Classical works are a combination of writings on history and wisdom. Although these may include aspects of Chinese legend, these still hold a forceful and vital influence over the education of the youth and on the organization of the State and the family.

1. The Feudal Period: For a great part of this period, the emperor shared power with other powerful, pedigreed nobility. For close to 2000 years, the Xia (2200-1600 BC), Shang (1600-1050 BC) and the Zhou (1050-220 BC) dynasties ruled this nation that was born and cultivated along the banks of the Yellow River. The more important schools of thought in Chinese history flourished during this period despite tension and conflict in the last Feudal Dynasty.

We shall dedicate four chapters to the Feudal Dynasty:

Chapter One refers to The Five Classical Books, which are central to this civilization that rose from the banks of the Yellow River.

8 Confucius (2002), Book 7, No. 20 The translation of D. C. Lau will be used unless otherwise it is said. 13

Chapter Two focuses on Confucius and Mencius, two figures that made China what it is today.

Chapter Three provides details on the works of the founders of Taoist philosophy, Lao Zi and Chuang Zi.

Finally, Chapter Four deals with the founders of Legalism. Unlike Confucius who proposed that a leader should be the virtuous man, the Legalists proposed the use of force to reunite the Empire and to keep it united.

2. The Imperial Period: The fall of the Zhou Dynasty marked the beginning of a centralized Empire. The first dynasty, the Qin, was as violent as it was brief (221-206 BC). A series of dynasties succeeded it in cycles of about 300 years: the Han (206 BC- 220 AD), the Jin (265-420 AD), the Tang (618-907 AD), the Song (960-1279 AD), the Yuan (1206-1368 AD), the Ming (1368-1644 AD) and the Qing (1616-1911 AD). Other brief dynasties arose within the intervals.

This study also dedicates four chapters to the Imperial Period:

Chapter One describes the life of the people during the first two dynasties, the Qin, which unified the Empire, and the Han, which was influenced by Confucianism.

Chapter Two focuses on the development of Buddhism in China. Buddhist teachings do not figure in the educational textbooks but their influence is crucial to the family-State relationship. This chapter then tackles Neo-Confucianism, a significant phenomenon in Chinese history. Key to this school of thought is Zhu Xi, one of the more important philosophers in China.

This chapter ends with a description of the laws and customs of the time, thus summarizing the main characteristics of the Imperial Period.

3. The Republican Period. The Republic was first established in 1911. It later became the People’s Republic of China in 1949. Although this period is considered relatively young, it has borne great hardships. One may see this as a period of growth in maturity and a sense of acceptance.

Our study dedicates two chapters to this brief period.

The first chapter deals with the Nationalist Revolution, which broke out due to the fall of the Empire. It ends with the establishment of the Republic of China.

The second chapter zooms in on the creation of the People’s Republic of China, from Mao Ze Dong’s revolution to the period of reform of Deng Xiaoping. Here, history and tradition resurrect and impose themselves, thus throwing present-day China and its future into confusion.

The Fourth Period 註解 [LM4]: This subhead has a different format from the previous three periods to distinguish it as belonging to the present. From the perspective of time, China’s third fourth great period is just beginning. It is one The first three periods belong to a historical past. of openness to Western models, from the reforms that took place after the fall of the 格式化: 字型: 粗體 Empire, to the Marxist revolution, to recent political developments that opened China’s 格式化: 字型: 粗體 doors to the world. Thus begins the incorporation of It is period when juridical persons 註解 [LM5]: This should be the fourth because you have just finished writing are incorporated into the a system based on traditional social relations. Even more above the three great periods. important is the start of China’s accepting the Western social system, where the person is 註解 [LM6]: subject to the law.

For no less than 4000 years, marriage and the family in China were two realities that arose from love--from the desire of two families to preserve ancestral worship, the yearning of the spouses for mutual help and understanding and to have children, the need to live through old age together, the mutual love between parents and children, filial piety, and many other factors that cannot be measured.

Thus the relevance of this study lies not in demonstrating but in proving that humanism lives and continues to compel even if it cannot be measured using scientific parameters. This study suggests the introduction of some changes in current government policies on the family such that the family-State relationship acquires more harmony. This study therefore advocates the restoration of a right that is exclusive to the institution of marriage—that of exercising responsible parenthood.

One may compare this work to ancient Chinese poetry, which usually extols the marvels of the family and at times begs the State to rethink laws that affected the lives of the people.

One such ancient policy that incredibly benefited China may be summarized this way: treat those who are near you well so that you may attract those who are far from you. To achieve this, the State promoted an atmosphere of trust, where men could trust the common sense of their neighbors. Moreover it was, and continues to be, the State’s obligation to wield its power to do good works. The virtue of benevolence therefore embraced all social relationships, including that of the family and the State.

Fruits of sSuch benevolence were gave rise to harmony and stability that made the State tolerant towards various schools of thought—that is, the three aforementioned teachings

15 of Confucianism, Taoism and Buddhism. Moreover, the Classics remind men, especially the leaders of the people, of the need and importance of giving good example. We can therefore say that China’s unity was forged on filial piety, primarily manifested through the virtue of benevolence.

The fact that filial piety continues to characterize even the Chinese of today and that China has remained united and kept its identity for a long period allows us to suggest a correlation between these two realities. One can consider the relationship of as cause and effect. At least, one may say that human measures--and not quantitative ones--once occupied and continue to occupy —an important position in the building and maintenance of social unity.

As this study points out, three significant moments in China’s history saw the emergence of Confucius, Zhu Xi and Kang You Wei during moments of turbulence and uncertainty. These three saw the need for reform—or at least to propose it—and sought to teach new ways to overcome those trying situationsdifficult moments. Confucius focused on the example of the emperor-sages of the remote past; Zhu Xi, on the teachings of Confucius, Mencius and the two chapters of the Book of Rites; and Kang You Wei, on the West and the effects of the westernization of Japan. Similarly, this study tries to find elements from the past that could adequately justify reforms via a change in the Constitution as regards the apparent conflict between the family and economic development.

During the Cultural Revolution (1966-1976) the Red Guard dedicated itself sought to eliminate the “four ancients—old customs, habits, culture and thinking.” They tried to do away with Confucianism and Taoism. However, under the leadership of Deng Xiao Ping, just as it happened right after the fall of the Qin Dynasty, China once again embraced the Classics in general, and revived Confucianism in particular. Thus, the future of the individual, marriage, the family, and the State greatly depends on the government’s choice of modern classics—that is, on the kind of legislation that it passes.

Part One: The Feudal Period

Chapter I The Five Classical Books

1. Introduction

From 6 BC onwards, the emergence of various philosophical schools created a lasting impact on Chinese history. Of this intellectual phenomenon known as The 100 Schools, the great historian of the Han Dynasty, Sima Qian (145-90 BC), highlights the school of Confucius, the Taoist school, and the Legalist school. According to the same author, others, like the Moist, Yin-Yang and Nominalist schools, did not stand the test of time. Confucius and Mencius are ancient thinkers who are well known in the Western world, and they are the only ones whose works were translated to the western tonguelanguages. Confucius (551-479 BC) lived during a period of endless war. He was the first master who founded a private school that was open to all. His task was to synthesize 1,500,000 years of Chinese history, tradition, virtues and human relationships. Moreover, he proposed a new social order. Mencius was his disciple—and the one who best understood his Master. Confucian thought is best reflected in the Five Classical Books, which the Master employed used to impart his teachings. These are The Classic of Historical Documents, The Book of Songs, The Classic of Rites, The Classic of Changes, and Spring and Autumn Annals. The emperors later declared these as of sublime importance to the Empire. The history of China unfolds with these five books whose contents largely define Chinese culture. From 124 BC onwards, they formed part of the curriculum of the Imperial Academy. And, from the Han Dynasty onwards, they became the official textbooks for

17 the youth and the benchmark for in choosing candidates to for public office. In his writings about the feudal empire, Sima Qian, made an exception to the rule by mentioning Confucius in a chapter dedicated to the lives of noblemen who belonged to the lineage of emperors.9 While the Han Dynasty put Confucius on the pedestal of history, a few years earlier, the emperor of the first dynasty raised barriers to banned the Master's teachings. In 212 BC, Emperor Qin had four of Confucius’ works burned. Defying 800 years of governance by birthright, Qin wished to appoint his officers administrative officials himself.

Qin decided that it was vital necessary to eradicate Confucius’ teachings because The Five Classical Books underscored the importance of the family and of family ties. In a way, these encouraged the feudal system, where political power was considered a family legacy and was therefore inherited. Emperor Qin was bent on destroying all Confucian literature except The Classic of Change. Regrettably, he also had over 400 intellectuals burned to death for sharing and defending the ideas in these books.10

A few years later, the Han ordered the salvaging of these books and, through no small effort and by offering numerous rewards, they were able to recover a good portion of these works. For instance, they retrieved 59 of a compilation of 100 pieces that Confucius called The Book. These now form part of the volume known today as The Classic of Historical Documents.11 Other works met a better fate, like the Book of Songs, since its contents were poems that many people had learned by heart and sung in various occasions for centuries.

In 195 BC, the first emperor of the Han Dynasty went on a pilgrimage to Confucius’ tomb. The honor that the emperor bestowed on Confucius in 136 BC is the reason for the Master’s philosophy and writings holding unparalleled influence in China’s social and political horizons. In 1 AD, Confucius received the title, “The Perfect and Illustrious Duke of Ni.”12

In 57 AD, the emperor ordered that Confucius receive the same homage as that given to the great King Wen, one of the sage-kings of the Zhou Dynasty; while in 492 AD, Confucius was conferred another honor, “Venerable Ni, the Wise.” And in 609 AD, a 註解 [LM7]: It might be good to explain what is meant by "Ni." commemorative plaque in honor of Confucius was transferred from the temple of King Wen to another place that was specially built to house it. Similar places of worship were erected in all schools of the empire. Finally, in 657 AD, Confucius was named “Kung,

9 Qian, S. (2007), Preface 10 Over 400 intellectuals were burned to death as a warning to the people. 11 Wu, S.L. (2005), p. 253 12 Ni was the family name of Confucius. 18

Ancient Master, Perfect Sage,” a title that he retains to this very day. In 1907, the empress widow raised Confucius to the first celestial rank, which is that of a supreme deity.13

According to imperial records, Confucius enjoyed such esteem during the Imperial Period that 12 emperors visited his birthplace, Qufu, to pay their respects to the Master. Moreover, through the centuries, the emperors sent 196 delegations of princes, dukes and ministers to render homage and sacrifices to Confucius, using the same 12 ceremonial vessels that were virtually reserved for the funerals of emperors.14

Confucius is perhaps the only one who has contributed the most to the social cohesion of the Chinese people. He formulated a social order wherein the State and the family nurture, complement, and sustain each other. This social order is based on filial piety, man’s first relationship with the world, and from where all the other social relations are drawn. Confucius’ common sense was not only undisputed; for millennia, his doctrine was irreplaceable.

Now we would like to clarify that when we refer to In this study, any mention of Confucius, touches on we are speaking of three distinct realitiessub-themes: 1. The legacy of Confucius’ his teachings, which is made up of The Five Classical Books that he used to impart his doctrine. It is of great importance that this study should demonstrate how these books are like a mirror that reflecteds Confucius’ his thinking. This said, Confucius considereds that the State’s reason for being iwas to serve and protect the family. Apart from these five books, Confucius’ disciples wrote the Analects, where they described their Master and summed up what they had learned from him.

2. The Confucian school, which is formed by the his followers of Confucius. From the Han Dynasty onwards, they turned Confucianism into a doctrine of the State, placing special emphasis on the Master’s ideas about the social order and the political organization. All throughout the centuries, Confucianists occupied the majority of government posts and, in a certain way, Confucianism co-exists with and is has been incorporated by the Legalist school.

3. The Neo-Confucian school, which reinterpreted Confucius’ thinking. This was spearheaded by a A group of intellectuals of during the Song Dynasty (960-1279). This group was likewise spearheaded this school that was influenced by Buddhism and Taoism and so hence highlighted emphasized man’s interior perfection, not because they

13 The Classic of Historical Documents (1969), pp. 32-33 . Unless another versión is mentioned, we will be usesing the translation of Juan Bergua. 14 Kong D. P. and Liu H.X. (2007), p. 45 19 dispensed with through avoiding social relations,; rather, they saw that man must be perfected in order but as a condition to perfecting the social order. Zhu Xi stands out as an important figure of this group of philosophers. Just as the Han Dynasty (206 BC-220 AD) canonized The Five Classical Books, the Yuan Dynasty (1280-1369) did the same for with The Four Books of Zhu Xi. Neo-Confucianism lives on to this day.

Unlike the other great thinkers of his time, Confucius humbly considereds himself a mere transmitter of ideas—not their creator. While Western philosophers contemplated the reality in front of them, Confucius lookeds back at to the realities time prior to his existence: “I transmit but I do not innovate. I am truthful in what I say and devoted to antiquity. It is these things that cause me concern: "having virtue and not cultivating it; 格式化: 字型: (英文)Times New Roman, 12 點 studying and not sifting; hearing what is just and not following; not being able to change 格式化: 字型: (英文)Times New Roman, wrongdoing." failure to go more deeply into what I have learned, inability, when I am 12 點 told what is right to go over to where it is, and inability to reform myself when I have defects.”15

Still, Confucius does not limit himself to simply transmitting historyical data; he gives history pedagogical value such that his students—that is, all those who have studyied him until now—could imbibe drench themselves in the moral doctrine that he felt obliged sought to shareimpart. Through his pen, China’s remarkable history before Confucius’ birth becomes a work of art in his hands. The Analects describe Confucius’ his deep respect for the ancient writings: “The Master said, ‘Grant me a few more years so that I may continue to learn at the age of fifty and I shall, perhaps, be free more from major errors”16

Even more significant is another item passage from the Analects, which tells of how the Master recited the Book of Songs and The Classic of Historical Documents. It also recounts that whenever the Master participated in ceremonies, he never used the official language and never his dialect, but rather the official language.17

Confucius affirms that he had worked at recovering historical sources in a personal and exhaustive way unlike his other intellectual tasks wherein he always engaged sought the participation of his disciples, he had worked at recovering historical sources in a personal and exhaustive way. He frequently cites a certain number of texts that he had studied, organized and edited. It is worth remembering the titles of these five books the way they were catalogued during the middle of the Han Dynasty (2 BC): The Classic of Historical Documents (Shu Jing), Book of Songs (Shi Jing), The Classic of Change (Yi Jing), Spring

15 Confucius (2002), Book 7, Nos. 1 and 3 16 Confucius (2002), Book 7, No. 17 17 Confucius (2002), Book 7, No. 18 20 and Autumn Annals (Chun Qiu), and The Book of Rites (Li Ji).

Sima Qian mentions a sixth classic, The Book of Music, which communicates expresses the joy of living and teaches harmony. However, it is not usually counted among the list of Classics, as and we have no existing information about its contents. Sima Qian, on the other hand, writes about how the five classics complement each other:

The Book of Historical Documents (or The Book of Documents) chronicles the deeds of the kings of old. It is a study in politics.

Book of Songs sings of Nature—the mountains and rivers, valleys and plaines, plants and trees, birds and beasts, and the male and female species. It contains teachings on human love and the love for one’s country.

The Book of Rites is a study of human behavior puts and achieving balance in human relationships. It is a study of human behavior.

The Book of Changes deals with Heaven and Earth, the Ying and the Yang, the four seasons and the five elements. It is an excellent study on the practice of divination.

Spring and Autumn Annals distinguishes good from evil. It is a study on the governance of men.18

Each classic therefore represents a literary genre but, taken as a whole, they constitute an immense treasure trove of centuries of wisdom and experience that can be applied to any situation. If one should ask wWhat makes these books canonical?, wWe can start off by pointing out their official character, as opposed to the personal writings of specific authors. Confucius’ role in historical importancey was propagated took shape during the two-and-a-half-century interval between his death and the rise of the Han Dynasty. It was during this period that a portion of the said writings was adapted these Classics gave rise to the “Confucian mentality.”19

2. The Classic of the Spring and Autumn Annals

The influence of The Five Classical Books proved to be greater than the power wielded by the emperors of old, and this calls for a more continuous study. Among the five, The Classic of Historical Documents is the oldest, the most important and the most

18 Cheng, A. (2006), p. 76 19 Cheng, A. (2006), p. 79 21 informative. Yet, it is The Spring and Autumn Annals that best introduces one the student to the other four Classical Books.

Many of Confucius' ideas about the State are found in this book that he wrote towards the end of his life. The Master named it such because this work was meant to expound on the moral reasons behind the rise, growth and the fall of nations. 20 The Annals were so important that they enjoyed prominence in China for over two centuries. Based on the official archives of the State of Lu government, under which Confucius himself was a subject, it not only deals with the history of the said that State but also of the whole Empire.

Mencius was Tthe first one to attribute this book to Confucius. was Mencius, tThe Master's most faithful disciple wrote: “The principles of humanity and justice have fallen into oblivionbeen forgotten. The most perverse discourses, the cruelest of actions have once more returned to troubled the State. There were sSubjects who assassinated their prince; children who murdered their father. Confucius, aghast at this great desolation, completed The Spring and Autumn Annals and struck terror fear into the hearts of rebellious subjects and undutiful sons...”

Mencius furthered that The Spring and Autumn Annals were written by Confucius as a service to the Emperor, as an act of obedience to the Son of Heaven. Confucius said that he personally picked out As regards his choice of the sources and texts for this work, Confucius said he personally picked what he needed to write this book. For this reason, Confucius he affirmed, “He who may wish to know me shall not, without Spring and Autumn; and he who might accuse me, will not do so unless it is through Spring and Autumn.”21

The book consists of two parts. One relates depicts China's political, social and religious behavior scenario the way theyse are described in the official chronicles: a feudal China composed of duchies and marquisates, of counties and vice counties and baronies—all subject to the Emperorire as their center of authority. However, these chronicles were written by the official historians of each State, and it was common practice to cover up the real actions and the weaknesses of the feudal lords and their relatives.

We can appreciate the wisdom of Confucius here. He was an expert at putting together an account with an objective commentary that usually contradicteds the official version.22

20 Ku, H.M. (2006), pp. 26 y 29 21 Mencius (2003), Book 3, Part B, No. 9, p. 141. The translation of D. C. Lau (2003) will be used when it comes to citing this book. 22 Guerra, J.A. de J. (1981), pp. 36-37 22

He did this as a service to the emperor, who bade him to write in order to get to the bottom of the truth behind the official versions that had been twisted from the start. Of course, the official accounts of the States justified their declaring and waging war against each other: not one wanted to admit to being at fault.

To understand Confucius' concern about the critical situation of China at that time, it is enough to consider that this book gives a very systematic historical account of the wars, of the emergence of new powers, and of the extinction of kingdoms, great and small, from the years 722 to 481 BC. Within this period, The Spring and Autumn Annals chronicles 483 wars.23

A randomly chosen page from this book describes the period and can help us understand why Confucius clearly saw the need to propose a new social doctrine to reunite the broken nation. He does not give any value judgement or attempt to defend any party. He only wants to point out the absurdity of war and betrayal, of hostility and revenge, of hunger and fear, and therefore prove that the situation demanded a remedy:

1. 'In the 23rd year of the Duke of Chao, in the Spring, the first month of the his reign, Shu Hun Shai went to Qin. 2. Shu Yang died in Kuai Chou. 3. The people of Qin detained our emissary Shu Hun Shai. 4. The troops of Qin besieged the city of Kao. 5. In summer, the sixth month, Tung Kuo, Marquise of Tase, died in Tsu. 6. In autumn, the seventh month, Kang Yu viscount of Keu, arrived, a fugitive from Lu. 7. On the last day of the moon, Wu defeated the armies of Hu, Shin, Tun, Tsae, Chin, and Heu in Ke Fu. Kuan, viscount of Hu and Qing, viscount of Shin perished in that battle and Hea Ni Qin was taken prisoner. 8. The king assumed the throne in Tei Tsuen and the Chief of the House of Shang raised to the throne the son of King Zhou. 9. On the eighth year, there was an earthquake. 10. In winter, the duke, fell ill in Hu on his way to Qin and so had to return.’24

The book opens with an account of over a thousand kingdoms that coexisted in China; it closes referring to only about a hundred. During that period, China was shifting from the Bronze to the Iron Period. Weapons of war were becoming increasingly lethal. The account begins with a narration of the conflicts among the aristocracy, the only ones who possessed the weapons and chariots for combat. However these wars ended up as clashes among powerful armies, knights, and kingdoms that gradually “advanced” towards total destruction. Confucius compares the Empire's situation with that of ancient times and concludes that the only way to get out of that predicament was to retrace one's steps into the past, which is what he presents in The Classic of Historical Documents.

23 Wu, S.L. (2005), p. 300 24 Spring and Autumn Annals (1994), Vol. V, pp. 697-698. The translation of James Legge is used here. 23

The decadence of the Empire was manifested even in tiny details. For example, under the reign of Kung Wang (927-912 BC), the sixth emperor of the Zhou Dynasty, the sacred bronze vessels—considered today as immediate and primary historical sources— suddenly changed in design, for no apparent reason and without undergoing some kind of transition in style. The previous periods conserved these vessels' technical and artistic perfection but it seems that the revered tradition of depicting ancient symbols was suddenly discarded. The technique of melting bronze was obviously abandoned, as seen in the finished pieces. The line that marked the fusion of the two sides of the mold was left as isuntouched, without giving it any finishing touch or polish. This deterioration of the quality of the vessels went on for centuries. This and other details confirm Confucius' observation that the Empire was divided and in a state of decay. He was convinced that they had seen better times.25

In order to survive, the weaker states had no choice but to ally with and depend on the stronger ones--a dependence that took its toll on the people's finances and their lives. They had to put their armies at the service of their ally every time it was besieged, or were required to join forces with the said State their ally in its plans to attacking other kingdoms. This was why diplomacy played a very important role at that time.26 Even if the kings generally disobeyed the Emperor who, during Confucius' times, was considered a mere figure head, one may affirm that elements of a modern State already existed since during the 10th century BC. Some examples are the There were practices of such as keeping archivesing, taxation, diplomatic relations and the maintenance of armies. What remained to be defined were the borders between kingdoms and the laying of the foundations of unity.

Confucius says that the key to good administration of the State is as follows: “Indeed, government is comparable to a fast-growing plant. Therefore the conduct of government depends upon the men. The right men are obtained by the ruler's personal character. The cultivation of the person is to be done through the Way, and the cultivation of the Way is to be done through humanity. Humanity (jen) is [the distinguishing characteristic of] man and the greatest application of it is in being affectionate towards relatives. Righteousness (i) is the principle of setting things right and proper, and the greatest application of it is in honoring the worthy.... Therefore the ruler must not fail to cultivate his personal life. Wishing to cultivate his personal life, he must not fail to serve his parents. Wishing to serve his parents, he must not fail to know man. Wishing to know man, he must not fail to know Heaven.”27

25 Speiser, W. (1961), pp. 47-51 26 Elorduy, C. (1976), p. 135 27 The Doctrine of the Mean (2003), pp. 37-38 24

As regards On the characteristics of such “noble men” who are qualified to govern, Confucius said, “A noble man understands that which is just and right; a vulgar man only understands what is gainful. A noble man helps others realize the goodness in them and avoids involvement in the evil deeds that others are capable of doing; a vulgar man does exactly the opposite. A noble man is concerned about his lack of abilities and not about whether or not others appreciate his talent. A noble man is strong and determined because he bears a heavy burden: to fulfill his responsibilities, a task that takes a lifetime and which ends only with death.”28

Confucius furthers that the person who can best attend to public concerns is the one who is not only strong and wise but, above all, virtuous. This ideal is seen in the educational system of Classical China which aimed to educate the young in virtue. It is centered on the ideal of humanity or benevolence, whose primary qualities are good manners—as seen in respect for others--, tolerance, good faith, moderation, diligence, sincerity, love for nature, patience, loyalty and filial piety, good humor, serenity, courage and honor.29

Confucius entrusted the task of teaching his disciples so that they might instruct, first, the children of the aristocracy, then other young people who are intelligent and good of heart. Through such teachers, the kingdoms would see a revival of good customs and the unity of the State, firmly established. Confucius knew that the leaders of his time could no longer follow his teachings: the prolonged aggression among kingdoms did not allow them to adopt his doctrine. He lived in a time that witnessed the constant mobilization of armies, invasion, pillaging and the annihilation of the defeated. Through The Spring and Autumn Annals, a work that outlived his time, Confucius took up the need for peace and unity.

He proposed to build peace on virtue. Others wanted to achieve peace through wisdom but, after over two centuries of wars, unity was obtained through violence. It is no wonder then that when the China was unified by means of violence, this book ended up being was burned. But once the period of persecution ended, a new period arose, which was that of reviving The Classical Books. One interesting event in relation to this is that of a house that stood beside the ancestral home of Confucius. While it was being demolished, the workers found a complete text of The Spring and Autumn Annals of the State of Lu with supplementary text by Confucius himself.

3. The Classic of Historical Documents

28 Confucius (2002), Book 4, No. 16; Book 12, No. 16 and Book 8, No. 7 29 Mencius (2003), Book 7B, No. 1 and Confucius (2002), Book 17, No. 6 25

Shu Jing, The Classic of Historical Documents, is the oldest among the Classical Books. It contains historical facts and the traditions of the first dynasties, as well as the discourses of the emperors and their ministers from 2357 BC to 627 BC. The discourses of the sovereigns and their advisers indicate an advanced culture that possessed a profound sense of ethics.30 The social order was built upon the virtues of the citizenry and, most specially, on those of their sovereign. Confucius took advantage of teaching ancient history in order to transmit values and virtues.

The Analects make mention of the said historycite that advanced culture: “The Master said: the Zhou Dynasty looked upon the two previous dynasties as models. What a splendid civilization! I am a follower of the Zhou Dynasty.”31 And the best example that immensely benefited the Zhou Dynasty was the filial piety of the king-sages of the past.

Among all the virtues, The Classic of Historical Documents concurs that filial piety is the corner stone. Heaven judges the acts of men, particularly those of their leaders; and man's worst failing is the lack of filial piety. The book reflects an existing aspect of ancient Chinese culture: the great value of giving good example. If the emperor is virtuous, then the people will follow his example. This seems to be the main reason behind Heaven's granting such a favor to the imperial family. If the emperor is not virtuous, then the Empire is lost.

“Those who are far away look longingly for him, and those who are near do not get weary of him.”32 This attitude has been society's unifying factor, as many families and clans, to a great extent, welcomed the idea of forming part of what was to be called the Chinese nation. This friendly, familiar way with which of the people who lived by the Yellow River was a great improvement on what they had experienced in from the past, being when they were invaded by warriors from the north and ravaged by people from the south. The Great Wall would later become a silent witness to the kind of protection that the Empire set up built for itself and for its subjects.

The Classic of Historical Documents describes the way how Chinese society was organized before the time of Confucius. It revolved around three families: the Xia, the Shang and the Zhou, who Confucius greatly admired. “Zi Zhang asked him: 'Can we foretell the future of ten generations?' The Master answered: 'The Shang Dynasty adopted rites from the Xia Dynasty: We can know which were eliminated and which were added upon. The Zhou Dynasty adopted rites from the Shang Dynasty: We can know which

30 Turnbull G. H. (2008), p. 123 31 Confucius (2002), Book 3, No. 14 32 Confucius (2002), Book 13, No. 16 26 were eliminated and which were added upon. If the Zhou Dynasty has successors, then we will know the results, even after a hundred generations.' ”33

There used to exist thousands of written pieces that documentsed that contained the conversations of courtesans and the decrees of emperors. From Aamong these, Confucius selected and edited a hundred. He used these texts them as teaching material and simply called the work it The Classic of Historical Documents. Seven men figure prominently in this work that focuses on the virtues of these men and not on. What counts here are not the events—the wars, alliances, efforts to take over the rivers and raise cities or the relationships with other States. What is important here are the virtues of these men. This is not a western-style narrative that is told in logical succession and is concerned about focused on the precision of dates and the victories of its protagonists; it is rather a story of didactic merit.

When Confucius edited In editing this material, he Confucius briefly summarized the history of China in this manner: The Master said: “Men who shun the world come first; those who shun a particular place come next; those who shun a hostile look come next; those who shun hostile words come last. There were seven who got up.”34 China's ancient history revolves around these men. We find Aa brief description of each one presents to us an immense panorama as we turn in the opening pages of China's history which, at first glance, seems difficult to understand because. Pprofundity marked the hundred thousand years before Confucius. The Classic of Historical Documents and we can enable us to better understand this that period through the description of these seven men in The Classic of Historical Documents.

Confucius identifies himself several times in this book. Someone asked him: “Master, why do you not participate in government?” The Master replied: “It is said in The Classic of Historical Documents, confine yourself to cultivate filial piety and be benevolent with your brethren and you shall contribute to the political organization. That is also a form of political action; one does not have to force one's self to be in government.”35

James Legge presents an interesting analysis of the authenticity of The Classic of Historical Documents, particularly about the recovery of the book after Emperor Qin ordered all the Classical Books to be destroyed in 213 BC. Legge concludes that there are no serious reasons to think that parts of the book that we have today are not substantially

33 Confucius (2002), Book 2, No. 23 34 Confucius (2002), Book 14, No. 37 35 Confucius (2002), Book 2, No. 21 27 the same as those of the Zhou documents, the way they were before and after Confucius.36

The present-day texts are based on those that were approved by the Imperial College during the reign of Emperor Yuan (317-322 AD), as stated in the catalogues of the Imperial Library of the Sui Dynasty. For his part, tThe second emperor of the Tang Dynasty ordered an annotated edition of said those texts. In 654 BC, this work was published and, fortunately, conserved to this day. In 837 AD, the complete text of the books was carved in stone, just like the other Classical Books and is kept in Chang An (Xian) City in the province of Shaanxi.37

Confucius retrieved retained much of the cultural elements of ancient China. He did not make them up, as these were part of the life of the people before Confucius' his times-- from the visits that the feudal lords paid the emperor to the seating arrangement at the dining table; from poetry to the matrimonial rites. Confucius describes an aspect that constitutes Chinese culture to this day: “In ancient times, people were reserved in speech, because they deemed it shameful if they failed to live up to their words.’38

It was a society that was organized around the family, where virtue was rewarded with a public position. This society was one with a sense of history, which and took delight in writing their poems, counsels and rites. They were a people conscious of their duty to help others and to do good and to avoid evil.39

The idea of good and evil and the consequent rewards and punishments were deeply rooted in the sensibility of the ancients. They recognized the transcendence of their actions. While the book does not mention if this transcendence meant belief in an afterlife in heaven or in hell, it does refer several times to speaks of Heaven and of of the Mandate of Heaven, which refers to an intelligent being who, after listening to the people, decides on the future of their leaders.

The book encompasses the following periods:

- The sSociety of pPatriarchal cClans: Emperors Yao and Shun (2350-2205 BC) - The Xia Dynasty (2205-1650 BC): The first hereditary dynasty - The Shang Dynasty (1650-1050 BC): Where the writings begin.

36 The Classic of Historical Documents, p. 13 Translation of James Legge (1861) 37 Legge, J. ( reprint 1994), Introduction 38 Confucius (2002), Book 4, No. 22 39 Confucius (2002), Book 12, No. 16 28

- The Zhou Dynasty (1050-221 BC). Until the last entry of the book dated 627 BC

All throughout the narrative, the figures of Emperors Yao, Shun and Yu the Great, founder of the Xia Dynasty, stand out as exemplary models. A few pages further, though separated by thousands of years, the same book takes note of cites the founders of the Zhou Dynasty: King Wen, King Wu, his brother, the Duke of Zhou, and finally, Emperor Cheng, nephew of the Duke.

Of the seven, six were kings or emperors. According to Confucius, the seventh, the Duke of Zhou was a gentleman of great moral standing. Along with possible embellishments added to the narrative, it is important to point out that, in recent decades, archaeological findings have contributed valuable information about these first dynasties of Xia, Shang and Zhou.

Thousands of bronze objects were unearthed from where, for millennia, they silently lay in tombs and mausoleums where they lay silently for millennia. They are now part of the collection of prestigious museums that add to the historical treasures of many Chinese cities. Many of these are adorned with inscriptions that offer original and very valuable information about their specific periods.

The sacred bronze vessels of the Zhou Dynasty that accompanied the departed to the Afterlife, along with oracles inscribed on animal bones and turtle shells from the Shang Dynasty, are faithful witnesses to persons and events that, in many cases, confirm the existence of persons and the events contained contents of in the books that were written much later.

NeverthelessHowever, these inscriptions do not sufficiently confirm the historicity of the discourses and of the virtues that were written and transmitted through the classical texts. On one hand, one must accept that tThese could have been Confucius' manner of idealizing people with the aim to of imparting an important teaching. In any case, the imperial power still presented these writings as a model and their messages and wealth in humanity constitute an important part of the Oriental heritage.

The Classic of Historical Documents can be critiqued and questioned by the historian but whoever accepts the logic of Chinese humanism shall find here a pure and crystalline source of the best in Oriental tradition.

Selection of Texts and Commentaries on The Classic of Historical Documents: a. The Legendary Emperors Yao and Shun

The first three chapters of this book tell of the moral principles of Emperors Yao (2350- 2275 BC), Shun (2275-2205 BC), and Yu the Great. One can affirm that the history of China started on the right foot under the reign of Yao. Indeed, Chinese school children have reasons to be proud of their past. The book opens this way: “Upon examining Ancient Times, we come across Emperor Yao, who was called The Meritorious, for many reasons: he was respectful and courteous to all; intelligent and highly cultured; experienced and knowledgeable of many things; and well-loved for his sincerity and cordiality. His fame for virtue reached all four corners of the land, was well known in the heavens and on earth, in the farthest seas. He likewise appointed to important positions men with a high degree virtue. Harmony prevailed among the nine branches of his family.”40

Of him, Confucius exclaimed: “Great indeed was Yao as a ruler! How lofty! It is Heaven that is great and it was Yao who modeled himself upon it. He was so boundless that the common people were not (able to find words to praise his generosity. How sublime his works, how splendid his institutions!”)41As we read The Classic of Historical Documents, the phrase “when harmony was well established among the nine branches of his family,”42 reflects how Yao admirably managed all the families of the hundred clans (his State) and established unity and concord among the people of the other States. Then there was great prosperity, and peace reigned over all the people!43

The Emperor said, 'Oh! You chief of the four mountains, I have been on the throne for seventy years. You can carry out my appointments;--I will resign my throne to you.' His Eminence said, 'I have no virtue, I should only disgrace the imperial seat.' The emperor said, 'Point out some one among the illustrious, or set forth one from among the poor and mean.' All in the court said to the emperor, 'There is an unmarried man among the lower people, called Shun of Yu.' The emperor said, 'Yes, I have heard of him. What is his character?' His Eminence said, 'He is the son of a blind man. His father was obstinately unprincipled; his step-mother was insincere; his half brother Seang was arrogant. He has been able, however, by his filial piety to live in harmony with them, and to lead them gradually to self-government, so that they no longer proceed to great wickedness.' The emperor said, “I will try him!' I will wive him, and then see his behavior with my two daughters.”44

As regards this episode, Professor Wu Shoulin says: “I found the tests most interesting,

40 Karlgren, B. (1948), pp. 45-46 Some authors maintain that the nine branches refer to the four generations before Yao and to the four after him. 41 Confucius (2002), Book 8, No. 19 42 Karlgren, B. (1948), p. 47 43 Karlgren, B. (1948), pp. 48-49 44 The Classic of Historical Documents, (1991) p. 44 The original was written between 1100-600 A.C. 30 particularly the first two, knowing that, first, he made his daughters marry Shun so that he might get to know his family, that is, he observed him with this saying in mind: 'One will know how to lead a country if he is able to keep his house in order,' which corresponds to the traditional Chinese ethics and criteria that the son who loves his family is necessarily a faithful subject of the monarch. Then, as a second test, he charged Shun to teach the five social relationships: that of a just father, a benevolent mother, a loving older brother, a respectful younger brother and a son with filial love. And he excellently fulfilled this task.”45

For one, it is reflected here This shows that, since ancient times, great importance was given to the virtue of filial piety and . Then it is also seen that the secondly, concern was to instructing people in what Mencius would later call human relations. It is therefore not surprising that Mencius briefly wrote of Emperor Shun as “The Most Accomplished Emperor.”

As the book opens, a code of virtues unfolds, the first of which is the virtue of filial piety defined as. Filial piety consists in a debt of gratitude that children have towards owe their parents for the gift of life. It is a gift that they can never fully repay. Filial piety is not only an inner sense of gratitude. For it to be true, iIt should be shown through actions as, obviously, any father or mother would be saddened to see their children turn dissolute, and become thieves or liars. Such bad behavior reflects on the parents and shames the good name of the family.

Gratitude towards one's parents for the gift of life is a distinctive element of Chinese civilization. For the Chinese, filial gratitude or being thankful to one's parents is part of human nature. To fail in this regard would be to violate the natural law and the person should be punished in the strictest way possible. After 28 years, the emperor died and the people mourned for him as for a parent for three years. No one would play a musical instrument during that period.46

The second chapter of The Classic of Historical Documents makes reference to Shun: “Examining into antiquity, we find that the emperor Shun was called Ch'ung-haw. He corresponded to the former emperor; was profound, wise, accomplished, and intelligent. He was mild and respectful, and entirely sincere. The report of his mysterious virtue was heard on high, and he was appointed to occupy the imperial sSeat. Shun carefully set forth expressed the beauty of the five cardinal duties; and they came to be universally observed.”47

45 Wu, S.L. (2005), p. 271 46 The Classic of Historical Documents (1991), p. 40 47 The Classic of Historical Documents (1991), p. 29 31

A good son is the pride of his parents, and this can only happen if society recognizes the virtues of this son. As there are no limits to being grateful to one's parents, neither should there be limits to living a virtuous life. Shun was declared Emperor for his exemplary filial piety, which is not just one virtue among many, but a decisive factor for his being chosen to lead the people. It was the first and most important virtue that man ought to live.

The duties of filial piety do not end with the death of one's parents. A good son—and all emperors ought to be so—had to mourn his parents for three years, during which he tries to repay them for the exquisite care that they had showered on him during the first three years of his life.

“The emperor said, 'My ministers constitute my legs and arms, my ears and eyes. I wish to help and support my people—you give effect to my wishes. I wish to spread the influence of my government through the four quarters;--you are my agents....When I am doing wrong, it is yours to correct me;--do not follow me to my face, and when you have retired, have other remarks to make. Be reverent, ye who stand before and behind and on each side of me. As to all the obstinately stupid and calumniating talkers, who are not to be found doing what is right, there is the target to exhibit their true character; the scourge to make them remember; and the book of remembrance! Do we not wish them to live along with us? There are also the masters of music to receive the compositions which they make, and continually to set them forth in song. If they become reformed, they are to be received and employed; if they do not, let the terrors of punishment overtake them.”48

Interspersed in this compendium of Confucianism is the Analects, where a counterpoint emerges and is repeated many times. On one hand, The Classic of Historical Documents highlights the virtues of the king-sages of old; on the other, Confucius tirelessly praises them and casts his gaze and those of his disciples to on these figures of antiquity.

“The Master said: How lofty Shun and Yu were in holding aloof from the Empire when they were in possession of it.” A few lines after, Confucius said: “How difficult it is to find capable men! It is assumed that the times of Yao and Shun witnessed an abundance of talent, even as Shun only appointed five ministers.”49 Shun appointed Yu as Prime Minister, for knowing to channel the waters and so dry the land for farming; he named Ki as Minister of Agriculture; Kao as mMinister of Defense; Chui as Minister of Public Works; and Pe as Chief of Protocol.

“The emperor said, “K'wei (Hui), I appoint you to be the Director of music, and to teach

48 The Classic of Historical Documents (1991), p. 79 49 Confucius (2002), Book 8, Nos. 19 and 20 32 our sons, so that the straightforward may yet be mild, the gentle may yet be dignified, the strong not tyrannical, and the impetuous not arrogant. Poetry is the expression of earnest thought; singing is the prolonged utterance of that expression. The notes accompany that utterance, and they are harmonized themselves by the pitch pipes. In this way the eight different kinds of instruments can all be adjusted so that one shall not take from or interfere with another, and spirits and men will thereby be brought into harmony.' [K'wei (Hui) said, 'Oh! I smite the stone; I smite the stone. The various animals lead on one another to dance.']50

The Emperor said to his Minister of Public Education: “See (Xie), the people continue unfriendly with one another, and do not observe docilely the five orders of relationship. It is yours, as the mMinister of Instruction, reverently to set forth the lessons of duty belonging to those five orders. Do so with gentleness.”51 The Emperor was referring to the same five relationships that, years back, Emperor Yao entrusted him to learn and to teach: the love between father and son; justice between prince and subject; a wife's subjection to her husband; respect between older and younger siblings; and fidelity among friends.

“The emperor said: 'Ah! You, twenty and two men, be reverent, and so shall you aid me in performing the service of Heaven.' Every three years there was an examination of merits, and after three examinations the undeserving were degraded, and the deserving promoted. By this arrangement the duties of all the departments were fully discharged.”52

“In the second month of the year, he made a tour of inspection eastwards, as far as Tae- tsung (Tai Mountain), where he presented a burnt-offering to Heaven, and sacrificed in order to the hills and rivers...When he returned to the capital, he went to the temple of his Ccultivated ancestors, and offered a single bullock... He gave delineations of the statutory punishments, enacting banishment as a mitigation of the five great punishments.53Torture is employed with maximum prudence. How admirable were his decisions! In him, the severity of justice is tempered by his mercy.”54

One simple paragraph brings to light Shun's virtues: religion, mercy, industry, justice and prudence. All hold a preeminent position in the system of virtues proposed by Confucius. It was against this background that Confucius instructed his disciples and established a school for the next generations. He saw it necessary to educate the young in the virtues.

50 The Classic of Historical Documents (1991), p. 47 51 The Classic of Historical Documents (1991).p. 43 52 The Classic of Historical Documents (1991), p. 49 53 The five statutory punishments were: tatooing the face, cutting off the nose, cutting off the feet, castration and beheading. 54 The Classic of Historical Documents (1991), p. 35 33

The Classic of Historical Documents affirms that fulfilling the will of Heaven is compatible with the edification of human society. Yao and Shun, as well as all those who came after them, piously offered sacrifices to Heaven and all were excellent administrators of the Empire. In the Heaven of old, there was no envy or rancor or revenge; neither did hate nor did war or and favoritism exist.

The Code of Yao and the Code of Shun weare the first brilliant steps toward the making of a nation. From these saintly emperors of remote times come the first records of a government structure and a civil service system. With these, the first brick was laid for the building of a traditional government inspired by virtues and of a benevolent State that Confucians would later idealize as the embryo from which shall evolve a system of judicial courts, of the concerns and duties of the State and of the morality of emperors. 55

Emperor Shun said to Yu the Great: “The inundating waters filled me with dread, when you realized all that you represented, and accomplished your task,--thus showing your superiority to other men. Full of toilsome earnestness in the service of the State, and sparing in your expenditure on your family; and this without being full of yourself or elated; you again show your superiority to other men. Without any prideful presumption, there is no one in the Empire to contest with you the palm of ability; without any boasting, there is no one in the Empire to contest with you the claim of merit. I see how great is your virtue, how admirable your vast achievements. The determinate appointment of Heaven rests on your person; you must eventually ascend the throne of the great sovereign.”56

It is difficult to determine whether these narratives give a factual or an idealized account of the lives of these men, the way Confucius wrote it. Still, these are the only profiles that we have of them.57 They were often pictured as such and generations of children and young people were educated through stories of their exemplary deeds. Shun succeeded Yao on account of his filial piety and his talent; Yu succeeded Shun because of his talent and then for his virtues.

China is known as a “hydraulic” country. The water level of the Yellow River varies 75 times between the dry and the rainy seasons, and so living by its banks is an adventure. The huge amount of lime that it shores up fertilizes the fields and brings about bountiful harvest. The drainage, the canals and the irrigation systems are not just the stuff of legend: they drew together families and clans in a way that people joined forces to tame the

55 Wu, S.L. (2005), p. 260 56 The Classic of Historical Documents(1991), p. 60 57 Wu, S.L. (2005), p. 274 34 powerful river.

Apart from narratives that are highly-charged with a strong sense of ethics from the very start, the The Classic of Historical Documents book also relates other aspects of this society of old. One is the ancients' proclivity for fortune telling. “Yu said, 'Submit the meritorious ministers one by one to the trial of divination, and let the fortunate indication be followed.' The emperor said, 'Yu, the officer of divination, when the mind has been made up on a subject, then refers it to the great tortoise. Now, in this matter, my mind was determined in the first place. I consulted and deliberated with all my ministers and people, and they were of one accord with me. The spirits signified their assent, the tortoise and grass having both concurred. Divination, when fortunate, may not be repeated.' Yu did obeisance, with his head to the ground, and firmly declined the throne. The emperor said, 'Do not do so. It is you who can suitably occupy my place.'”58 And so it was that when Emperor Shun died, Yu the Great became Emperor, the first of the Xia Dynasty. b. The Xia Dynasty

The Xia Dynasty (2205-1650 BC) is the first dynasty that is based on hereditary succession. It lasted for over 400 years. The territory of the Xia tribe extended to both ends of the Yellow River: to the south, the Henan, Hunan and Shanxi provinces and, to the north, the Hebei and Shandong provinces. Due to massive efforts to control the waters, which many sources trace back to the times of Yu the Great, we know that much progress was achieved in the fields of agriculture and the domestication of animals.

The founding of the Xia Dynasty is considered an important moment in China's history because it departs from the principle of choosing an emperor based on his moral qualities. After Yu the Great, the principle of heredity was established, whereby the emperor considers everything under Heaven as a family possession.59

Here is one advice that Minister Kao gave Yu the Great: “Affability combined with dignity; mildness combined with firmness; bluntness combined with respectfulness; aptness for government combined with reverence; docility combined with boldness; straightforwardness combined with gentleness; easiness combined with discrimination; vigor combined with sincerity; and valor combined with righteousness. When these qualities are displayed, and that permanently, have we not the good officer? ... Let not the emperor set to the rulers of States an example of indolence or dissoluteness. Let him be wary and fearful, remembering that in one day or two days there may occur ten thousand

58 The Classic of Historical Documents(1991), p. 63 59 Bai, S.Y. (2005), p. 54 35 springs of things. Let him not have the various officers cumberers of their places. The work is Heaven's—it is men’s to act for it.”60

From Heaven are the social arrangements with their several duties; to us it is given to enforce those five duties, and then we have the five courses of generous conduct! ... Heaven hears and sees as our people hear and see; Heaven brightly approves and displays its terrors, as our people brightly approve and would awe:--such connection there is between the upper and lower worlds. How reverent ought the masters of the earth to be!” 61 It seems clear that the ancients considered Heaven not as some arch in the sky. This text suggests that they conceived Heaven as a reality that is close to man, interested in men's concerns and even ready to wield justice when needed.

On the morning of the first day of the year, Yu was invested with the imperial trappings in the temple of the spiritual Ancestor. He later took the oaths of all the officials, the way Emperor Shun did during his time. “The Emperor said: ‘Alas! O Yu, there is only the prince of the Miao, who refuses obedience;--do you go and correct him. Yu on this assembled all the princes, and made a speech to the host, saying, 'Ye multitudes listen to all my orders. Stupid is this prince of Miao, ignorant, erring, and disrespectful. Despiteful and insolent to others, he thinks that all ability and virtue are with himself. A rebel to the right, he destroys all the obligations of virtue. Superior men are kept by him in obscurity, and mean men fill all the offices. The people reject and will not protect him. Heaven is sending calamities down upon him. On this account I have assembled you, my multitude of gallant men, and bear the instructions of the emperor to punish his crimes. Do you proceed with united heart and strength, so shall our enterprise be crowned with success.

At the end of thirty days, the people of Miao remained obstinate, and so Yu's officers came to his help, saying, 'It is virtue which moves Heaven and there is no distance to which it does not reach. Pride brings loss, and humility receives increase:--this is the way of Heaven. In the early time of the emperor, when he was living by mMount Li, he went into the fields, and daily cried with tears to compassionate Heaven, and to his parents, taking to himself and bearing all guilt and evil....Entire sincerity moves spiritual beings;-- how much more will it move this prince of Miao! Yu did homage to the excellent words and said, 'Yes.' Thereupon he led back his army, having drawn off the troops. The emperor also set about diffusing his accomplishments and virtue more widely. They danced with shields and feathers between the two staircases of the court. In seventy days the prince of Miao came to make his submission.”62 格式化: 縮排: 左: 0 公分

60 The Classic of Historical Documents(1991), p. 63 61 The Classic of Historical Documents(1991), p. 72 62 The Classic of Historical Documents(1991), p. 64 36

Emperor Yu said, “I have taken pains to give good example so that all may imitate me.... Accordance with the right is good fortune; the following of evil bad: -- the shadow and the echo... Caution the people with gentle words; correct them with the majesty of the law; stimulate them with the songs on those nine subjects,--in order that your success may never suffer diminution.”63 Yu the Great bestowed many territories and honored several deserving families. For respecting the lives of men, Yu conquered the hearts of his subjects.

Addressing the judges, Emperor Yu gave them the following instructions: “Punishments do not extend to the criminal's heirs; while rewards reach to after generations. You pardon inadvertent faults, however great; and punish purposed crimes, however small. In cases of doubtful crimes, you deal with them lightly; in cases of doubtful merit, you prefer the high estimation. Rather than put to death an innocent person, you will run the risk of irregularity and error.” 64 ‘Yu's fame was such that it reached the four seas until he received the royal black scepter.’65

To summarize this chapter about Yu the Great, the following points may be highlighted:

- It is Heaven that establishes the laws on the five human relationships. - Heaven decides to punish the foolishness of the people of Miao. - Men's good acts move the spirits. -Yu conquered the hearts of his subjects because he respected human life.

It is therefore not surprising that Confucius should admire Emperor Yu. Of him, the Master says: ‘I find no fault in Yu. He was frugal in eating and drinking but showed profound devotion in sacrificing to the spirits; he dressed simply but his ceremonial tunics were magnificent; his dwelling was modest but he put all his energy into channeling the flood waters. I cannot find any kind of flaw in Yu.’66

As it frequently happens in Chinese history, a dynasty disappears once a weak or evil emperor rises to power. A case in point is the Xia Dynasty's emperor Tai Gang, a descendant of the great Yu, who “occupied the throne like an impersonator of the dead. By idleness and dissipation he extinguished his virtue, till the black-haired people all began to waver in their allegiance. He, however, pursued his pleasure and wanderings

63 The Classic of Historical Documents(1991), p. 54 64 The Classic of Historical Documents(1991), p. 57 65 Karlgren, B. (1948), p. 167. The inscription on Wu Liang's (1 BC) tomb reads: ‘When the rivers and streams end their course and the four seas receive their waters, it is proclaimed that one's life is accomplished with the black scepter.’ The black scepter that Yu received means that he had ended his earthly life. 66 Confucius (2002), Book 8, No. 21 37 without any restraint...Wildly have we dropped the clue he gave us, overturning our family and extinguishing our sacrifices.” 67 The line of tradition that his grandfather handed to him slipped through his hands.

One man brought about the end of a dynasty but what endured in the hearts of the Chinese people was the certainty that a government is not lost through good works; wrongdoings are always the reason behind the loss of the basic things in life.

The Xia Dynasty endured for almost 500 years; the next one, the Shang Dynasty, for over 600 years; and the third, the Zhou, for more than 800 years. What is interesting is the tendency of a founder of a new dynasty to justify his right to overthrow the previous dynasty and claim the Mandate from Heaven in the name of reestablishing order, harmony, justice and prosperity. What also stands out is the importance of the family in the political sphere: three families governed China for almost 2000 years, which shows Heaven's utmost patience with persons and their families: the situation must be so insidious for it to retract its Mandate. c. The Shang Dynasty

The third part of the book begins with an exhortation by Tang the Victorious, the first Emperor of the Shang Dynasty (1650-1050 BC): “The king said, 'Come ye multitudes of the people, listen to all my words. It is not I, the little child, who dare to undertake what may seem to be a rebellious enterprise; but for the many crimes of the sovereign of Xia, Heaven has given the charge to destroy him.' He continues his discourse explaining why he has to fulfill Heaven's sentence to punish the last emperor of the Xia Dynasty. Whoever would help him was to be magnificently rewarded, but whoever refused was to be put to death along with his wives and children; no one was to be spared.”68

This procedure is similar to that used earlier by Yu. When he He prepared a military campaign, he by addressinged his officers and soldiers in this manner: “Ah! All ye work on the right, it will be a disregard of my orders. If you, charioteers, do not observe the rules for the management of your horses, it will be a disregard of my orders. You who obey my orders shall be rewarded before my ancestors; and you who disobey my orders shall be put to death before the spirits of the land; and I will also put your children to death.”69

This repetition of procedures brings to light that, in the society of old, family ties were so

67 The Classic of Historical Documents (1991), p. 159 68 The Classic of Historical Documents (1991), p. 175 69 The Classic of Historical Documents (1991), p. 155 38 strong that all were one in receiving the reward or punishment incurred by a family member. Be it punishment or reward, those who decided were the emperors, who were considered paragons of virtue and who acted in the name of a mandate that was deemed superior to that of human justice. The Emperor (the State) had unlimited power over his subjects, and this was not seen as tyranny or an abuse of authority, but rather part and parcel of social relationships.

In his first proclamation, Tang, the newly designated Emperor of the Shang Dynasty said to his people: 'Ah! ye multitudes of the myriad regions, listen clearly to the announcement of me, the one man. The great God has conferred even on the inferior people a moral sense, compliance with which would show their nature invariably right. But to cause them tranquilly to pursue the course which it would indicate, is the work of the sovereign....The king of Xia extinguished his virtue and played the tyrant, extending his oppression over you, the people of the myriad regions. Suffering from his cruel injuries, and unable to endure the wormwood and poison, you protested with one accord our innocence to the spirits of heaven and earth. The way of Heaven is to bless the good and to punish the bad. It sent down calamities on the House of Xia, to make manifest its crimes...High Heaven truly showed its favor to the inferior people, and the criminal has been degraded and subjected. Heaven's appointment is without error;--brilliantly now like the blossoming of flowers and trees, the millions of the people show a true reviving. It is given to me, the one man, to give harmony and tranquility to your States and Families.70

One important teaching of The Classic of Historical Documents is that Heaven never makes mistakes in its decisions. A concept of a Heaven that rewards goodness and punishes evil cannot be the blue or gray firmament that we contemplate by day and the darkness that envelopes us as we sleep at night. Neither can it be the place where the clouds rendezvous with the winds. This heaven of many colors cannot issue a decree or wield justice. Heaven in The Classic of Historical Documents is an intelligent entity that rewards the good and chastises the evil.

Many years later, a grandson of Tang assumed imperial power. This was the first year of the reign of Tai Xia. Yi-Yin, his prime minister, who was tutoring the young emperor, reminded him of his illustrious grandfather: “Oh! Of old, the earlier sovereigns of Xia cultivated earnestly their virtue, and then there were no calamities from Heaven. But their descendant did not follow their example, and great Heaven sent down calamities. To punish the Xia, Heaven made use of the arm of Tang, our prince, and gave him the Empire...Now, your majesty is entering on the inheritance of his virtue;--every thing depends on how you commence your reign. To set up love, it is for you to love your elders; to set up respect, it is for you to respect your relatives. The commencement is in

70 The Classic of Historical Documents (1991), p. 185 39 the family and State; the consummation is in the Empire. Oh! Do you who now succeed to the throne, revere these instructions in your person. Think of them!--Sacred counsels of vast importance, admirable words forcibly displayed. The ways of God are not invariable;--on the good-doer He sends down all blessings, and on the evil-doer, He sends down all miseries. Do you be but virtuous, without consideration of the smallness of your actions, and the myriad regions will have cause for congratulation. If you be not virtuous, without consideration of the greatness of your actions, they will bring the ruin of your ancestral temple.”71

The emperor lived in the palace of Tang, where he spent all the time in mourning and came to be a truly virtuous person. On his third year, the prescribed conclusion of the period of mourning, minister Yi-Yin invited the emperor to once again assume his tasks. He said: “To cultivate his person, and by being sincerely virtuous, bring all below to harmonious concord with him;--this is the work of the intelligent sovereign. The former king was kind to the distressed and suffering, as if they were his children. O King, zealously cultivate your virtue. Regard the example of your meritorious ancestor. At no time allow yourself in pleasure and idleness. When honoring your ancestors, think how you can prove your filial piety; in receiving your ministers, think how you can show yourself respectful...Oh! Heaven has no affections;--only to those who are reverent does it show affection. A place of difficulty is the Heaven-conferred seat! Where there are those virtues, good government is realized; where they are not, disorder comes. To maintain the same principles as those who secured good government will surely lead to prosperity; to pursue the course of disorder will surely lead to ruin. Your course must be as when in ascending high, you begin from where 'tis low, and when in travelling far you begin from where 'tis near. Do not slight the occupations of the people;--think of their difficulties; do not yield to a feeling of repose on your throne; think of its perils. Be careful for the end at the beginning.”72

Yi-Yin left the reign of government in the hands of his sovereign and, before leaving for his own land, he exhorted the Emperor some more: “Oh! it is difficult to rely on Heaven;- -its appointments are not constant. But if the sovereign see to it that his virtue be constant, he will preserve his throne; if his virtue be not constant, the nine provinces will be lost by him....Where the sovereign's virtue is pure, his movements are all fortunate; where his virtue is wavering and uncertain, his movements are all unfortunate. Good and evil do not wrongly befall men, because Heaven sends down misery or happiness according to their conduct....Let the officers whom you employ be men of virtue and ability, and let the minister about you be the right men. The minister, in relation to his sovereign above him, has to promote his virtue; and in relations to the people beneath him, has to seek their

71 The Classic of Historical Documents (1991), p. 193 72 The Classic of Historical Documents (1991), pp. 202, 207, 211 40 good... Since virtue must be practiced in the most varied situations, one cannot follow just one fixed model; one should seek the best as a model. What is best cannot be identified with a single and same mark; but a good action is one that is always done with purity of intent...Do not consider yourself so enlarged as to deem others small in comparison. If ordinary men and women do not find the opportunity to give full development to their virtue, the people's lord will be without the proper aides to complete his merit.”73

Minister Yi-Yin's proposed criterion for discerning the goodness of an action is the purity of intent which implies that a man ought to be continuously introspective and so be able to decide based on the said criterion. Introspection is an essential characteristic in the building of the Confucian moral edifice. Various schools offer different definitions of human nature but all agree on these two points. Besides this, we can see one of the few references that The Classic of Historical Documents makes about human freedom. The context in which it presents freedom is that it is not intrinsic to the person—even if it does not rule this out. Rather, freedom here is seen as a social demand. If the leader does not grant freedom to a man or a woman among his people freedom, he compromises himself and somehow hinders prosperity in the region.

Once again, the author of the Book of Documents is firmly convinced that the system of punishments and chastisements is ultimately connected with a power that is not of this earth: “Good and evil do not wrongly befall men, because Heaven sends down misery or happiness according to their conduct.” In ancient times, people did not only believe in divine intervention in this world, but also that this intervention was in accordance with divine justice. We saw in the chapter on the Xia Dynasty that the book suggests God has human characteristics. “Good and evil do not wrongly befall men, because Heaven sends down misery or happiness according to their conduct.” Only a personal God, that is, one that is intelligent and free, can behave this way, and not a cosmos that is a mix of matter, energy, light and invisible life forces.

The Classic of Historical Documents summarizes the 600 years of the Shang Dynasty through the counsels given to the emperors and the chronicling of the virtues of these illustrious men. The close of each dynasty saw the moral decadence of its last emperor, which caused the fall of the empire. This is one more lesson that this author wishes to impart. The entire book comprises a code of behavior for the sovereign, his officials and his ministers, a code based on filial piety and on social relationships nurtured by virtues. The chapter on the Shang Dynasty is therefore a significant step in tracing the evolution of a civilization through the Classical Books.

73 The Classic of Historical Documents (1991), pp. 214, 216 41

Before ending our story on the downfall of the Shang Dynasty, it would be interesting to describe specific details of the period—elements of culture that, more than characterizing Chinese civilization, are accentuated and reinforced in the next dynasty, the Zhou. The basic social unit comprised lineages, that is, the ties of blood that established certain obligations among the family members. Family ties did not disappear with the emergence of the State. The root that further strengthened family unity was the practice of ancestor worship. The Emperor not only maintained it; he also had to be exemplary in observing this show of filial piety.

1. Historically, the Shang Dynasty was part of the Bronze Period. It was a period of extensive writing. Bronze was used especially in fashioning horse-drawn war chariots, as well as the implements used for ancestor worship. Archeologists are awed by the flawlessness of the numerous bronze pieces that were not even found in the tombs from that era. This proves the importance given to ancestor worship. The artisans of the Shang Dynasty achieved a high level of technical skill and aesthetic sensibility in crafting jade pieces, silk weaves and ceramic items for domestic use.

2. Anyang was the capital of the Shang Dynasty. Located 500 kilometers south of Beijing, it was rediscovered in 1952. Its clay walls that formed a square covering some 340 hectares, were solidified through pressure. Many other seats of authority by the banks of the Yellow River are similar to the fortress of Anyang in form and construction. This reveals the Empire's efforts at securing and safeguarding the people of these wealthy agricultural zones from invasion by the nomads from the north and northeast. Most of the people tilled the land with a plow and hoe.74

3. In 1953, extensive archaeological work in Yin Xu in Anyang, a province of Henan, uncovered the bronze smelters of Miaopu, which possibly applied the sophisticated techniques used in the ceramic workshops. Likewise, the ruins of structures of the imperial palace where the last 13 Shang emperors lived for 255 years were discovered in 1976. These included the circular pits where human sacrifice was performed; the exclusive sanctuaries of the ancestors of the imperial family; the repositories of tortoise shells and cattle bones that bore close to 150,000 inscriptions constituting the world's first library. To date, of the 4,500 characters used in these inscriptions, only around 1,500 have been identified.

The only tomb of a member of the royal family that was not sacked before these excavations took place was that of Fu Hao, a concubine of Emperor Wu Ding. The queen in her tomb was accompanied by exquisitely crafted objects: 468 bronze pieces, 755 jade pieces, 546 bones and tortoise shells with inscriptions, and 6,800 sea cowries, the

74 Speiser, W. (1961), pp. 22-24 42 currency used during the Shang Dynasty. The precious jade items came from Xinjiang, proving that the Silk Road was already operating during that time. However, what stands out the most is the care, respect and effort to surround the dead with items that may be of use to them in the next life.

Human sacrifice was also practiced in the rites of ancestor worship and in those offered to Heaven. The number of victims counted from one to 200. The great burial chamber of King Yin revealed the remains of 225 human victims. Human sacrifice reached the peak of cruelty towards the end of the Shang Dynasty, after which the practice suddenly came to a halt,75and eventually disappeared in the next dynasty. Confucius clearly opposed this practice. Human sacrifice was totally eradicated after the Qin and Han Dynasties. Despite its grisliness, this custom also proves that ancestor worship was not done as a mere formality to satisfy one's need to repay the love of one's parents.

4. There also existed a deeply rooted tradition of divination, as seen in the many animal bones and tortoise shells--oracles--that bear inscriptions that usually include the name of the seer, the reason for consulting the oracle, the reply, and the result. The inscriptions in bronze during this period are brief and usually limited to two to three words.

5. A system of education was likewise in place. The Minister of Public Instruction was charged to foster the six rites and so moderate the people's natural inclinations; and to teach the seven doctrines in order to promote the virtues among the people. The eight rules of administration were standardized as a precaution against licentiousness and to foster good moral conduct. This ministry was also mandated to teach people to steer the chariots of war and to be skilled in the use of the bow and the shield.

6. Positions of public service preferred capable men and rejected the stupid and the violent. Ancient China promoted the worthier candidates as well as the more competent ones. An exemplary government best reinforces its laws, which is why a benevolent government that respected the abandoned and looked after the needs of the poor and the widows was encouraged.

7. The Shang Dynasty was not troubled by the lack of water or of land. Water abounded and the problems centered around the flooding. The lands vastly opened toward the south and one big concern was to open trails through the thick forests. There was no need to be worried about excessive population growth.76

Still, as it happened many times in China's history, after many years (500 in the case of

75 Zhang, G.L y Zhang, H. (2007), pp. 3-52 76 Speiser, W. (1961), p. 42 43 the Shang Dynasty), a wicked emperor would emerge, bearing the same family name as that of the previous dynasty: Zhou. As his name was Xin, we shall call him Zhouxin, to avoid any possible confusion. According to The Classic of Historical Documents, Emperor Zhouxin was so cruel that he ordered the execution and torture even of the innocent; he also led a dissolute life.

Emperor Zhouxin was so sure that no one was better than he, and he ignored the counsel of his advisers. The Classic of Historical Documents relates: “On the day of the supplementary sacrifice, there appeared a crowing pheasant, a sign of bad luck. One of his ministers said, 'To rectify this affair, the king must be corrected.' Accordingly, he lessoned the king, saying, 'In its inspection of men below, Heaven's first consideration is of their righteousness; and it bestows on them accordingly length of years or the contrary. Heaven does not cut short men's lives;--they bring them to an end in the midst of themselves. Some men may not have complied with virtue, and will not acknowledge their crimes, but when Heaven has evidently charged them to correct their conduct, and they still say, 'What is this to us?'”77 Unfortunately, Zhouxin chose to ignore the warning. d. The Zhou Dynasty

This last part of the book is largely dedicated to the four important figures of Chinese civilization that Confucius alluded to: King Wen, King Wu, the Duke of Zhou and Emperor Cheng. Though these three great sages came millions of years after Yao, Shun and Yu the Great, they summarize the heritage of the three legendary emperors. Since Confucius gives them great importance as founders of an ideal social system, it would be interesting to go through this anthology of readings to complete the profiles of the seven men who won the Master's admiration.

These three who lived during the third and second millennia BC are similar in the way they lived filial piety. They differ in their concern for ancestor worship. The inclusion of deceased family members in China's social relationship is certainly a pillar of social unity and of China as an empire. This element of culture that was widely disseminated created stronger ties, even among those of the same race. This and other similar cultural manifestations, such as filial piety and the cultivation of virtuous people, explain how Chinese society was able to integrate people of different races into one political unit.

“King Wen admonished and instructed the young and all who were charged with office and in employment, that they should not ordinarily use spirits. Throughout all his States, he required that they should be drunk only on occasion of sacrifices, and then that virtue

77 The Classic of Historical Documents (1994), p. 266 44 should preside so that there might be no drunkenness. He said, 'Let my people teach their young men that they are to love only the productions of the ground, for so will their hearts be good. Let the youth also hearken diligently to the constant lessons of their fathers. Let them look at virtuous actions whether great or small in the same light.”78

“It was your greatly distinguished father, the King Wen, who was able to illustrate his virtue and be was careful in the use of punishments. He did not dare to show any contempt to the widower and widows. He employed the employable, revered the reverend; he was terrible to those who needed to be awed:--so getting distinction among the people. It was thus he laid the first beginnings of the sway of our small portion of the Empire and the one or two neighboring countries were following your father.” King Wen dressed meanly. He was admirably mild and beautifully humble, he cherished and protected the inferior people and showed a fostering kindness to the widowers and widows. From morning to midday, and from midday to sun down, he did not allow himself time to eat. He did not dare to go to any excess and from the various States he received only the correct amount of contribution”. “”The fame of him ascended up to the High God, and God approved. Heaven gave a great charge to King Wen, to exterminate the great dynasty of Shang”.79

The chief of the princes of the West, King Wen of the State of Zhou defeated the State of Li and the Emperor was informed thus: “Son of Heaven, Heaven is bringing to an end the destiny of your dynasty of Yin; the wisest of men and the great tortoise equally do not venture to know anything fortunate for it. It is not that the former kings do not aid us, the men of this after time; but by your dissoluteness and sport, O king you are bringing on the end yourself. On this account Heaven has cast us off, so that there is distress for want of food; there is consideration of our heavenly nature; there is not obedience to the statutes of the Empire.”80 Emperor Zhouxin disregarded his advisers and did not repent.

King Wen died while preparing for the final attack. King Wu, his son and successor, “in the spring of the thirteenth year, there was a great assembly at Meng. The king said, 'Ah! Heaven and Earth is the parent of all creatures; and of all creatures, man is the most highly endowed. The sincere, intelligent, and perspicacious among men become the great sovereign; and the great sovereign is the parent of the people. But now Zhouxin, the king of Shang, does not reverence Heaven above, and inflicts calamities on the people below. He has been abandoned to drunkenness, and reckless in lust. He has dared to exercise cruel oppression. Along with criminals he has punished all their relatives. He has put men into office on the hereditary principle. He has made it his pursuit to have palaces, towers,

78 The Classic of Historical Documents (1994), p. 403 79 The Classic of Historical Documents (1994) pp. 385 and 469 80 The Classic of Historical Documents (1994) pp. 268-271 45 pavilions, embankments, ponds, and all other extravagances, to the most painful injury of you, the myriad people. He has burned and roasted the loyal and good. He has ripped up pregnant women. Great Heaven was moved with indignation, and charged my deceased father Wan reverently to display his majesty; but he died before the work was completed. The iniquity of Shang is full. Heaven gives command to destroy it. If I did not comply with Heaven, my iniquity would be as great.” 81

At the end of the first day of spring, King Wu stayed at the north of the Yellow River. “This time was on the morrow, when the king went round his six hosts in State, and made a clear declaration to all his officers. He said, 'Oh! My valiant men of the west, Heaven has enjoined the illustrious courses of duty, of which the several characters are quite plain. And now Show, abandons himself to wild idleness and irreverence. He has cut himself off from Heaven, and brought enmity between himself and the people. He cut through the leg bones of those who were wading in the morning; he cut out the heart of the worthy man....He has thrown to the winds the statutes and penal laws. He has imprisoned and enslaved the upright officer. He neglects the sacrifices to Heaven and Earth. He has discontinued the offerings in the ancestral temple. He makes contrivances of wonderful device and extraordinary cunning, to please his woman.82 ....His crimes accumulated in the city of Shang, and though the extinction of the dynasty of Yin was imminent, this gave him no concern, and he wrought not that any sacrifices of fragrant virtue might ascend to heaven. The rank odor of the people's resentments, and the drunkenness of his herds of creatures, went loudly up on high, so that Heaven sent down ruin on Yin and showed no love for Shang, --because of such excesses. There is not any cruel oppression of Heaven; people themselves accelerate their guilt, and its punishment.”83

“In planting a man's virtue, strive to make it great; in putting away a man's wickedness, strive to do it from the root...If I subdue Show, it will not be my prowess, but the faultless virtue of my deceased father Wan. If Show subdues me, it will not be from any fault of my deceased father Wan, but because I, who am a little child, am not good.... I expect you all to show courage and confidence so that this task may be completely fulfilled.’84

81 The Classic of Historical Documents (1994) pp. 281-287 82 One winter morning, when he saw a man cross the river, apparently unmindful of the cold, he ordered the man's legs to be cut off so that they could be examined from inside and find out why they were so sturdy. He had the heart of a minister who entreated him to change his life cut open to see if it was true that the heart of a wise man indeed had seven lives. To entertain his favorite concubine Da Ji, he had a copper column made and coated with grease, then had a brazier installed at its foot. Some hapless victims were ordered to climb the column. Da Ji laughed in amusement as they slipped, fell and died in each other's arms. (Translator's notes) 83 The Classic of Historical Documents (1994), pp. 408-409 84 The Classic of Historical Documents (1994), pp. 296-297 46

On the day he left the capital to launch an assault on Emperor Zhouxin, King Wu said: “I, Wu Fa, the Prince of Zhou, by a long descent, am about to have a great righting with the Shang. Xhouxin, the king of Shang, is without principle, cruel and destructive to the creatures of Heaven, injurious and tyrannical to the multitudes of the people, chief of the vagabonds of the Empire, who collect about him as fish in the pond, and beasts in the prairie. I, who am but a little child, having obtained the help of virtuous men, presume reverently to comply with the will of God, to make an end of his disorderly ways.' On the day of kea-tze, at early dawn, Zhouxin led forward his hosts, around 700,000 men, they seemed like a forest. But they would offer no opposition to our army. Those in the front inverted their spears, and attacked those behind them, till they fled, and the blood flowed till it floated the pestles about. Thus did King Wu once don his arms, and the Empire was greatly settled.”85 Wu turned out to be very generous with the empire and the people gladly subjected themselves to him. The next day, on a full moon, the illustrious chiefs of the principalities and all the officials received their respective jurisdictions from the founder of the Zhou Dynasty.

The Book of Songs dedicates various odes to King Wu and his victory over the Shang. The decisive battle of Muye is retold in an inscription on a bronze piece of Ligui from the Zhou period. It was discovered in 1976 in Qishan in the province of Shaanxi. The text recounts how in the morning before the battle that saw King Wu's victory over the Shang, the King prayed and consulted the oracles. At sunset of the same day, the Zhou triumphed and occupied the capital of the Shang. The inscriptions in bronze are a testimony to this and to many other sources that modern-day authors put to doubt.

According to these sources, the Battle of Muye saw 180,000 dead and 300,000 captured. In a series of attacks during subsequent military operations, the Zhou defeated 99 states while another 652 freely surrendered without resisting.86Thus the new Empire covered over a million square kilometers of territory.

The year after the defeat of the Shang, King Wu, now Emperor, fell ill. His brother, the Duke of Zhou had three earthen altars built facing the East to pray to three ancestors and another one facing North, on which he positioned himself. The Duke of Zhou addressed the three ancestors of their family through a small tablet that bore the prayer that the Duke requested the imperial historian to write: “A.B., your chief descendant is suffering

85 The Classic of Historical Documents (1994), pp. 308-310 86 Shaughnessy, E.L. (1997), pp. 31 y 35 47 from a severe and dangerous sickness;--if you three kings have in heaven the charge of watching over him, Heaven's great son, let me, Tan, be a substitute for his person.”87

“The duke then divined with the three tortoises, and all were favorable. He took a key, opened and looked at the oracular responses which also were favorable. He said, 'According to the form of the prognostic, the king will take no injury. I, who am but a child, have got his appointment renewed by the three kings, by whom a long futurity has been consulted for. I have to wait the issue. They can provide for our one man.' Having said this, he returned, and placed the tablets in the metal-bound coffer; and next day the king got better.”

Nevertheless, Emperor Wu died shortly after and Cheng, a son of Wu, was crowned Emperor. Two of Cheng's brothers opposed this and accused their uncle, the Duke of Zhou, of wanting to usurp the throne, as Cheng was but a child.

The Duke of Zhou lived for two years in the eastern side of the Empire. It is not known whether he left to deal with the enemies of the young Emperor or was exiled by the Emperor himself. However, “in the autumn, when the grain was abundant and ripe, but before it was reaped, Heaven sent a great storm of thunder and lightning along with wind, by which the grain was all beaten down, and great trees torn up. The people were terrified; and the king and great officers, all in their caps of State, proceeded to open the metal- bound coffer, and examine the writings, when they found the words of the dDuke of CZhouw when he took on himself the business of taking the place of King Wuoo. The king and the two dukes asked the grand historian and all the other officers about the thing. They replied, “Ah! it was really thus; but the duke charged us that we should not presume to speak about it.' The king held the writing, and wept, saying, “Now Heaven has moved its terrors to display the virtue of the dDuke of CZhouw. That I meet him a new man, is what the rules of propriety of our Empire require.”88

“The king speaks to the following effect: 'It greatly occupies my thoughts, that I, so very young, have inherited this illimitable patrimony, with its destinies and domains. I have not displayed wisdom, and led the people to tranquility, and how much less should I be able to reach the knowledge of the decree of Heaven! Yes, I who am but a little child, am in the position of one who has to cross deep water;--it must be mine to go and seek how to cross over. I must diffuse the elegant institutions of my predecessor, and augment the appointment which he received from Heaven;--so shall I be not forgetful of his great work. Nor shall I dare to restrain the majesty of Heaven seen in the inflictions it sends

87 The Classic of Historical Documents (1994), pp. 351-354 88 The Classic of Historical Documents (1994), pp. 355-360 48 down. The Tranquilizing King left to me the great precious tortoise, to bring into connection with me the intelligence of Heaven....How should I be all for the oracle of divination, and presume not to follow the advice? I am following the Tranquillizer, whose purpose embraced all the limits of the land. How much more must I proceed, when the divinations are all favorable! It is on these accounts that I make this expedition in force to the east. There is no mistake about the decree of Heaven. The indications of the divinations are all to the same effect.”89

The Duke of Zhou was tasked to manage the concerns of the new city of Lo. As the regent of the Empire, he addressed the former officials of the Shang Dynasty and, in the Emperor's name, said: ‘And thus it was that while Heaven exerted a great establishing influence, preserving and regulating the house of Yin...their successor showed himself greatly ignorant of the ways of Heaven, and... greatly abandoned to dissolute idleness, he paid no regard to the bright principles of Heaven, nor the awfulness misery of the people. On this account God no longer protected him, but sent down the great ruin which we have witnessed. Heaven was not with him because he did not seek to illustrate his virtue. May I say that you were very lawless? I did not want to remove you. The thing came from your own city. When I consider also how Heaven has drawn near to Yin with so great tribulations, it must be that there was there what was not right....Ho! I declare to you, ye numerous officers, it is simply on account of these things that I have removed and settled you in the west;--it was not I, the one man, considered it a part of my virtue to make you untranquil. The things were from the decree of Heaven.... I thereby follow the ancient example, and have pity on you. The king says, 'Ye numerous officers, formerly, when I came from Yen, I greatly mitigated the penalty in favor of the lives of the people of your four countries.... I declare to you, ye numerous officers of Yin, now I have not put you to death, and therefore I repeat to you my charge again. I have built this great city here in Lo, considering that there was no other place in which to receive my guests from the four quarters, and also that you, ye numerous officers, might here with zealous activity, perform the part of ministers to us with much obedience. You have still here I may say your grounds, and here you may still rest in your duties and dwellings. If you can reverently obey, Heaven will favor and compassionate have compassion on you. If you cannot reverently obey, you will lose not only your lands, but I will also carry to the utmost Heaven's inflictions on your persons. Now you may here dwell in your villages, and perpetuate your families; you may pursue your occupations and enjoy your years in this Lo; your children will also prosper.'90

89 The Classic of Historical Documents (1994), pp. 362-367 90 The Classic of Historical Documents (1994), pp. 453-463 49

“The Duke—still acting as the regent of Emperor Cheng—spoke these words: 'Ho! Eldest son of the king of Shang, in accordance with the statutes of antiquity, that the honoring of the virtuous belongs to their descendants who resemble them in worth, do you continue the line of the kings of your ancestors, cultivating their ceremonies and taking care of their various relics. Be a guest also in our royal house, enjoying the prosperity of our kingdom, forever and ever without end....I raise you, therefore, to the rank of High Duke, to rule this eastern part of our great land.'91

Many others under such circumstances would have been condemned to imprisonment or executed by their victorious rival. The Duke of Zhou did not act this way. He was magnanimous and wanted to give the defeated a chance, inviting them to join the new empire. Thus is revealed one characteristic that the book frequently highlights: the need to be merciful towards the defeated, to be compassionate with those who are mistaken, to help those in needs. This most attractive virtue actually plays an important role in the formation of the Empire and of its people: Treat well those who are near you so that those from afar may draw near.

Among other counsels that the Duke of Zhou gave the young emperor are these: “Oh! God dwelling in the great heavens has changed his decree in favor of his eldest son, and this great dynasty of Shang. Our king has received that decree. Unbounded is the happiness connected with it, and unbounded is the anxiety:--Oh! How can he be other than reverent?

Heaven as Guide

Examining the men of antiquity, there was the founder of the Xia dynasty. Heaven guided his mind, allowed his descendants to succeed him, and protected them. He acquainted himself with Heaven, and was obedient.--But in process of time the decree in his favor fell to the ground. So also when we examine the case of Shang, Heaven guided its founder, so that he corrected the errors of Shang, and it protected his descendants. He also acquainted himself with Heaven, and was obedient.--But now the decree in favor of him has fallen to the ground. Our king has now come to the throne in his youth:--let him not slight the aged and the experienced, for it may be said of them that they have studied the virtuous conduct of our ancient worthies, and still more, that they have matured their plans in the light of Heaven. We should by all means survey the dynasties of Xia and Shang. I do not presume to know and say, 'The dynasty of Xia was to enjoy the favoring decree of Heaven for so many years,' nor do I presume and say, 'It could not continue longer.' The fact was simply that, for want of the virtue of reverence, the decree in its

91 The Classic of Historical Documents (1994), pp. 376-379 50 favor prematurely fell to the ground...It is for him who is in the position of king to overtop all with his virtue. In this case, the people will imitate him throughout the whole Empire, and the king will become more illustrious.’92

A few years earlier, Emperor Wu had told his son: ‘Oh! Fung, the little one, it is as if some disease were in your person; be respectfully careful. Heaven in its awfulness yet helps the sincere. The feelings of the people can for the most part be discerned, but it is difficult to calculate on the attachment of the lower classes. Where you go, employ all your heart. Do not seek repose nor be fond of idleness and pleasure;--so may you regulate the people. I have heard the saying--'Dissatisfaction is caused not so much by great things or by small things, as by a ruler's observance of principle or the reverse, and by his energy of conduct or the reverse.... Fung, deal reverently and understandingly in your infliction of punishments. Oh! Fung, there must be the right regulation in this matter. When you show a great discrimination, subduing men's hearts, the people will admonish one another, and strive to be obedient. Deal with evil, as if it were a sickness in your person, and the people will entirely put away their faults. Deal with them, as if you were guarding your infants, and the people will be tranquil and orderly.”93

“Yes, you are the little one;--who has a heart like you, O Fung? My heart and my virtue also are known to you. The king says: “Fung, such chief criminals are greatly abhorred, and how much more detestable are the unfilial and unbrotherly!--as the son who does not reverently discharge his duty to his father, but greatly wounds his father's heart; and the father who can no longer love his son, but hates him; and the younger brother who does not think of the manifest will of Heaven, and refuses to respect his elder brother, so that the elder brother does not think of the toil of their parents in bringing them up, and is very unbrotherly to his junior. If we who are charged with government do not treat parties who proceed to such wickedness as offenders, the laws of our nature given by Heaven to our people will be thrown into great disorder or destroyed. You must deal speedily with such parties according to the penal laws of King Wan.' He also says, 'In examining the evidence in criminal cases, reflect upon it for five or six days, yea for ten days, or three months. You may then boldly carry your decision into effect in such cases....And you are here prince and president;--if you cannot manage your own household, with your petty officers, the instructors, and heads of departments, but use only terror and violence, you greatly set aside the royal charge, and try to regulate your State contrary to virtue.'94

The Corner Stone of the Judicial System

92 The Classic of Historical Documents (1994), pp. 425-432 93 The Classic of Historical Documents (1994), pp. 387-390 94 The Classic of Historical Documents (1994), pp. 390-398 51

The counsels of Emperor Wu constitute the corner stone of the juridical system for the next 3000 years. They may be considered as the Constitution of China—its fundamental law. The great Codes of future dynasties shall almost entirely pick up the ideas of Emperor Wu. Beneath these counsels lies the spirit of Ancient China that resurfaces once more despite efforts to declare them obsolete.

Many years later, Emperor Cheng told his ministers: ‘I have heard that (the Duke of Zhou) said, 'Perfect government is like piercing fragrance, and influences the spiritual intelligences. It is not the millet which has the piercing fragrance; it is bright virtue....Oh! All ye men of virtue, my occupiers of office, pay reverent attention to your charges, and be careful of the commands you issue; for, once issued, they must carried into effect and not be retracted. In deliberating on affairs, determine by help of such study, and your arts of government will be free from error. Make the regular statutes of our dynasty your rule, and do not with artful speeches introduce disorder into your offices. To accumulate doubts is the way to ruin your government. Without study, you stand facing a wall, and your management of affairs will be full of trouble. ... Push forward the worthy, and give place to the able, and harmony will prevail among all your officers. When they are not harmonious, the government becomes a tangled confusion. If those whom you advance are able for their offices, the ability is yours. If you advance improper men, then you are not equal to your duty....Those who are inured to villainy and treachery, those who violate the constant duties of society, and those who introduce disorder into the public manners:--those three classes you will not spare, though their particular offences be but small...Diffuse widely the knowledge of the five invariable relations of society, and reverently seek to produce a harmonious observance of the duties belonging to them among the people. If you can be correct in your own person, none will dare to be but correct.’95

In its last paragraph that summarizes over a thousand years of history, The Classic of Historical Documents makes a wise observation: The State at times vacillates and falls into ruin on account of just one man. Likewise, there are times that it enjoys peace and prosperity because fortune has led it to one man.96 The author's interest is to foster the search for this one man (or woman), in any place and time, to carry on with the history of China, the way the virtuous sages of old did so in their time. e. Some considerations on The Classic of Historical Documents

95 The Classic of Historical Documents (1994), pp. 530-543 96 The Classic of Historical Documents (1994), pp. 629-630 52

The virtues of Yao, Shun and Yu the Great now come together in the person of Zhou.: King Wen exhorted his warriors to show courage and confidence in restoring the moral order.; Emperor Wu donned his armor only once and brought about peace and joy among his people.; tThe Duke of Zhou was exemplary in unconditionally offering his own life for the dying emperor, in his humility to hand over his great power to the legitimate successor of the emperor, and in the piety with which he prayed. Emperor Cheng, on the other hand, exhorted his ministers and all the people in a way that they always aspired for the heights of perfection: that they sympathize with the sorrows of others as if these were their own; that truth and sincerity always influenced their decisions; and that they be prudent, just and objective before giving out an order.

In sharp contrast with the realities of his time, Confucius sought to redefine the task of governance: ‘In the original it says: ‘Guide them by edicts, keep them in line by punishments and the common people will stay out of trouble but will have no sense of shame. Guide them by virtue, keep them in line with the rites, and they will, besides having a sense of shame, reform themselves.’97Confucius appeals to the self respect that everyone has and to the sense of mutual trust that sustains all organized societies. For this, he refers to the example of the first Zhou Emperors.

The ancients and Confucius explain the importance of the five social relationships to society and to all men. They frequently emphasize the relationship between a father and son, followed by the relationship between a sovereign and his subjects. However, in describing these modes of relating to others, one important aspect is overlooked. For Confucius, the second relationship is a direct and automatic consequence of the first: a good son shall be a good subject. This analogy may be true to a certain point, but these two relationships differ from each other.

It would be good to distinguish power and authority. Power and authority are forms of recognition given to another. Parents have authority over their children because the children acknowledge that their parents know what is best for them and act in their best interests. Among other things, children know that their parents will not use their power to harm them. On the other hand, an emperor has power only over his subjects. That is, his subjects recognize his power, as their overall representative, to decide on the steps that would lead to the common good; the subjects do not have to know everything that is in his mind.98

Wisdom in Governance

97 Confucius (2002), Book 2, No. 3 98 The distinction between power and authority was defined in a class with Professor Álvaro D’Ors 53

The Classic of Historical Documents seems to approximate this difference, which is why it insists that the emperor must be a virtuous person. The only way that he can wield credible authority over his people is when the people acknowledge his wisdom in governance. In a present-day State, the executive and the legislative powers represent power, while authority lies in the judiciary. This is an ideal situation because the fact is that, in many democracies, the chief executive is the one who appoints judges to the Supreme Court.

While children will never reject the authority of their parents, subjects can deny the emperor’s power over them. Paternal authority is superior to civil or State power, not only from the temporal, but also from the spatial point of view. Whoever holds civil power cannot decide on matters that affect parental authority and the legitimate decisions that parents make with regard to their children. However, the present-day order of social relationships is subverted. Better said, as the Duke of Zhou proposed, civil power should always and every time bolster and support paternal authority.

Both power and authority generate a bond. The solidity of a relationship of authority is greater, more intense and more lasting than that of a relationship of power. The relationship of a father and son precede that of a sovereign and his subject. Paternal authority is superior to the power of the State. Confucius expresses this when he speaks of filial piety. There is no way of breaking the father-son bond; however ancient history has proven that this can happen to a sovereign-subject relationship especially when the sovereign ceases to look after the common good of his subjects.

According to Chinese tradition, the Duke of Zhou is the enduring model of public administration; and this hardly has changed to this day. His teachings that were assumed by Confucius continue to be the backbone of China despite the political systems that have arisen. The master statement of Confucius' thinking may be summarized in this manner: ‘In close attendance on our Majesty there are the regular presidents, the regular high officers, and the officers of the laws; the keepers of the robes also, and the guards. Oh! Admirable are these officers. Few, however, know to be sufficiently anxious about them....Yao and Shun studied antiquity, and established a hundred officers.... in the dynasties of Xia and Shang, the number of officers was doubled and they continued able to secure good government. Those intelligent kings, in establishing their government, cared not so much about the number of the offices as about the men.'99

99 The Classic of Historical Documents (1994), pp. 508-512; 519 54

As regards the way of keeping the unity of the Empire, after describing the more important tasks of government, the six ministers and their functions, the Duke of Zhou chose to promote many members of the Zhou clan and had them occupy and govern territories. Each one was to build a walled city from where he was to control the region assigned to him. “In six years the chiefs of the five tenures attend once at court. When this has been done a second six years, the king makes his tours of inspection in the four seasons, and examines the regulations and measures at the four mountains. The princes attend to him, each at the mountain of his quarter, and promotions and degradations are awarded with great intelligence.”100

When the Zhou took over the Shang, they were few, compared to the size of the territory that they had to handle. The land that they just conquered measured about a million square kilometers, composed of an alliance of clans that each had having its own city or cities. No one married outside the clan, so even if they formed numerous cities, all the habitants of a city shared the same lineage and even bore the same surname. The chief of the clan wielded great authority over his own issues and concerns, while they were only subordinate to the Emperor in matters that were not related to the clan, such as their participating in decisions about going to war and occupying new territories.

The Zhou prohibited marriages within the same clan 101 and sent their men to new territories so that they might meet and marry the young women of the other clans that used to be subjects of the Shang. This step brought about an important change in society. In the new State, beginning with the Zhou Dynasty, authority over the fields and cities was gradually transferred from the head of the clan to the head of the family. Thus the interest of the State shall be always to promoted the authority of the family instead the face of the ancient regimen, thereby applying the principle of “divide and conquer.”

It is difficult to determine how prohibiting marriage among relatives contributed to the social cohesion of the empire. Nevertheless it may be considered one of the reasons behind the ever-growing cohesiveness that, through the centuries, has characterized the Chinese who are known today as the people of the race of Han. Centuries later, their tolerance with for living alongside people of other minority races completes the demographic profile of the Chinese populace who today live in all parts of the world.

The visits of the princes from the different circumscriptions established and reinforced the relationship between the Emperor as the central power with and the princes who held power over their respective regions. The Zhou were few and comprised a small parcel of

100 The Classic of Historical Documents (1994), pp. 523-526; 530-532 101 Liu Y.P. (1998), p. 63 55 the Empire. On the other hand, the land that they had conquered was immense. The central power largely relied on the established rites that had to be celebrated throughout the Empire and on the princes' periodic visits to the Emperor. This iwas one reason why Confucius held in great esteem the importance that the Duke of Zhou gave to the celebration of rites.

Even if the government of the empire started to become centralized, one factor threatened to divide it: the local governments remained hereditary. The first generations considered themselves as one family and recognized the Emperor's authority over them—both as a blood relative and arbiter when disputes arose. However, in less than a century, this authority started to vanish and wars among the States became the order of the day. Such was the State of China all through Confucius' lifetime, from the day he was born.

One Mandate of Heaven

The custom of engraving the words of investiture on the bronze vessels that were used for rendering cult to the ancestral spirits was established after the reign of King Mu, around the middle of 10 BC. These vessels serve as important sources as regards to determine how the system developed by the Duke of Zhou spread far and wide. The Zhou's territories expanded very much like a bee swarm and, by 10 BC, they had acquired close to 2,000 principalities. Among the nobility, the first born son of the first wife automatically inherited the duties and privileges of rendering cult to the ancestral spirits. From then on, the Empire's unity started to crumble. The Emperor would have no power over the principalities. Soon, the relationship among cities would be regulated and dictated upon by noblemen who zealously guarded their established norms and by a tendency of the States to further enrich and empower themselves through matrimonial alliances, treatises and wars.102

However, going back to The Classic of Historical Documents that often makes mention of Heaven, one can infer from the readings that there can only be one Heaven, as there is only one Mandate from Heaven. “It is a Heaven where the gods do not quarrel, like those of the Greeks. If ever, it is a Heaven with just one God without a coterie of gods and goddesses.”103 If there were more Heavens, then there would be more Mandates that would oppose each other. Only Heaven can give the Mandate or take it back. Never was there a conflict “among Heavens” when it came to favoring one man or dynasty over another. If he who received the Mandate was worthy, then Heaven would not change its mind; but if the chosen person or one of his successors behaved unworthily of the

102 Gernet, J. (2006), pp. 63-65 103 Guerra, J.A. de J. (1980), p. 88 56

Mandate, then Heaven's decision to reject him was always unique, immutable, all- powerful, and all-knowing.

One can then identify a kind of hierarchy of virtues and individuals: among all the failings that offend Heaven, the greatest would be that of neglecting filial piety. The Duke of Zhou offered his life to God in exchange for that of his brother. His father would have certainly done the same thing. The duke's filial piety equals that of Shun, whose characteristic and primary virtue had to do with his relationship towards his family. On the other hand, what distinguishes the Duke is his relationship with Heaven. The book spontaneously refers to how natural it was for the ancients to relate with God and men. However, many centuries later, the Neo-Confucians broke away from the Classics by denying the existence of a transcendent Heaven.

The writings about the Zhou Dynasty clearly reflect that the ancients did not confuse God with their ancestors; and that even the most sublime ancestors simply received their mandates from Heaven. A case in point is that of Emperor Wu, who fell gravely ill. Neither men nor the ancestral spirits, much less the elements in the heavens, like the sun or the moon, which possess no intelligence of its own, cannot act as a judge the way Heaven does: “Heaven in its awfulness yet helps the sincere.”

One can say that The Classic of Historical Documents expresses the sentiments of Confucius. In this string of references to Heaven (after all, Confucius was a teacher) one sees the desire to educate young people, a task to which the Master dedicated the best part of his life. Confucius' schools taught social and political ethics and were open to monotheistic religions. Heaven for Confucius may be considered synonymous to the Christian God. Therefore, it is not surprising for a Christian to find the Duke of Zhou in prayer or offering up his life to God for a noble cause. He did so freely, as the Duke's sense of freedom—that of an offering of self—is on the same plane as his filial piety.

Confucius however did not pay much attention to human freedom, even as the concept of personal freedom figured in his teachings. One may say that it was unduly displaced as the center of everything. Confucius focused on the world of human relationships and was more interested in good governance. He understood that men ought to be good children, brothers, husbands and subjects; and anyone who behaved otherwise should be taught a lesson through some form of punishment. This oversight on human freedom was to generate some negative consequences that have to be rectified to this very day.

4. The Classic of Changes

Proceeding with the analysis of the Classical Books, the most enigmatic and controversial of all is The Classic of Changes. It was so different from the other books that the first emperor, Qin, exempted decided not to have it from being burned. The Emperor and his prime minister did not consider it dangerous reading because they only saw it as a book for divination and so decided that it did not carry the heritage of Confucius which they wanted to abolish.

One can consider The Classic of Changes as arising from and influenced by the then- popular agricultural calendars—predictions that were based on the natural and social sciences, similar to modern science's study of human behavior, preferences and tendencies. This work brought together forms of numerology and magic. Still, The Classic of Changes is a historical register that familiarizes one with aspects of history, philosophy, tradition, proverbs and the language of ancient times.104

As social relations were so important, the Classical Books are structured logically, even chronologically. While The Classic of Rites pays much attention to the relationship of human beings with their ancestors and compels men to confront the past, The Book of Songs focuses on the relationships among people in this world. It addresses men today. Finally, The Classic of Changes attempts to predict the future of men's relationships.

In the past, there arose the desire to discover a formula that would help one recognize the will of Heaven in every situation. This may have been partly influenced by the farmer's experience of relating the seasons with certain conditions: for instance, how animal behavior changes with the shifts in season. This desire likewise might have arisen from an idea that was rooted in the past: that Heaven rewarded good behavior; and if such a relationship existed, then it made sense to pursue it. Again, this may have been the consequence of the emperors' great concern and sense of responsibility for the Empire. Burdened with such a charge, they were pressured to establish special measures to assure right behavior and so keep the Empire intact. This does not mean that such concerns were compatible with belief in foretelling the future. In this regard, we are only trying to understand the possible reasons behind the writing of The Classic of Changes.

The book is typified by its symbolism, where the hidden is unveiled. Through symbols, the book links man with nature. Divination first began in 14 BC, as we have seen in the use of tortoise shells as oracles. “Divination in the Shang Dynasty was integrated into daily living and is manifested through oracles: man offered a simple proposal and the divinities would reply with a yes or a no. One did not have to go into a trance or enter into some alternate Sstate of consciousness to communicate with the supernatural. The

104 The Classic of Changes (2006), pp. 15-16. It was written close to 1200 BC. We shall be using the translation of Jordi Vila. 58 dialogue between man and god was quite earthly, and it was man who took the initiative, whereby man proposed and Heaven disposed.”105

After the Zhou Dynasty, divination consisted of a body of hexagrams made up of lines and dashes. The Classic of Changes is a manual of diagrams and texts that explain the diagramshexagrams . The hexagrams that might have been drawn by King Wen himself during his captivity (1143-1142 BC.). The Duke of Zhou, son of King Wen and brother of King Wu, may have written the first commentary on a formula that was described by his father. The hexagrams of King Wen, along with the commentaries of the Duke of Zhou, make up the principal text of the book.

Within a span of centuries, until the Han Dynasty, an appendix to the book was eventually compiled and entitled Ten Wings. This did not form part of the “recovered” patrimony of Confucius. For one thing, not one word in the text of Ten Wings suggests that Confucius may have been its author. 106 However, the appendix cites Confucius several times, which suggests that at least certain parts of the book were written after the Master's time. Who wrote this book and when was it written? It remains a mystery to this day. The oldest text of The Classic of Changes dates back to 170 BC. It was discovered in 1973 among the excavations of Mawangdui, which means it already existed during the Han Dynasty.

The Classic of Changes is considered by many as the First among the Classical Books because it expounds for the first time the doctrine of the dialectics between the Yin and the Yang, which are the basics of Chinese philosophy. According to this doctrine, the interaction of the Yin and the Yang constitutes the Way: the Dao of Lao Tzu, the Dao of Confucius and the Dao of many other Chinese philosophers throughout history.

CYin and Yang are the two opposing principles of nature, as deduced by the ancients who observed the phenomena of the universe. In their eyes, almost everything in the world—heaven and earth, sun and moon, day and night, man and woman, fire and water, height and depth, softness and hardness, victory and defeat—reveals the existence of a universal contradiction. As this was a direct observation that did not have to be demonstrated, the ancients classified the world's shifting realities into two: Yin and Yang. They used two symbols to represent them: a series of dashes for Yin and a continuous line for Yang. The authors of The Classic of Changes conceived the universe to be an alternating series of increase and decrease in the Yin and Yang, which bring about changes in the universe.

105 Cheng, A. (2006), p. 46 106 Legge, J. (1963), p. 28 59

To determine some cause-effect relationship, or a choice between two options, the author of The Classic of Changes first resorts to two short lines: one continuous (------) and one disjointed (-- --). Then three of these lines are superimposed positioned on top of each other such that one may obtain in eight possible combinations. Each combination is interpreted in accordance with according to different various criteria. Depending on the relative positionsing of these lines, one can get an concrete answer. Superimposing Using two groups of three lines gives yields 64 possible combinations, which the book calls the 64 hexagrams. Each hexagram has a name and an explanation. For instance, Hexagram 37's name means “family members.” It is composed of the following combination of lines: ------

The explanation offers a general idea and an interpretation of the six lines.

The general idea of Hexagram 37 is: “For the family to develop, it is most beneficial that the wife behaves firmly and correctly.” The general ideas for each of the 64 hexagrams are attributed to King Wen, while the interpretation for each line is attributed to the Duke of Zhou.

The interpretation of Hexagram 37 is as follows:

“The first line (the explanation begins with the last line) is continuous and shows that the subject of the divination establishing strict rules in his house. There is no occasion here for repentance.”

The second line, which is a series of dashes, shows that the subject is not benefiting from her (the wife) attending to the food preparation. It is good fortune to have a firm and correct (wife).

The third line, which is continuous, shows that the subject treats his household with great severity. There will be opportunities to repent, dangers, but also good fortune. If the wife and the children are quarrelsome and loquacious, they will eventually repent.

The fourth line, again a series of dashes, shows the subject bringing wealth to the family. He will have good fortune.

The fifth line, which is continuous, shows the extension of the king's influence over the family of the subject. There will be no anxiety, but rather good fortune.

Finally, the first last line, which is continuous, shows the subject as very sincere and clothed with majesty. He will enjoy good fortune.”107

Besides the individual interpretation of for each hexagram, the 64 hexagrams tend to form a circle similar to the arrangement of the cardinal points and the four seasons. Thus, the position of the hexagram with opposing points also may also be interpreted within in terms of space and time. Once a man has a complete idea of space and time, he will be able to understand his own place in relation to Nature. The interpretation of a hexagram as part of a series whole as well as in relation to terms of what opposes it determines the man's two fundamental relations: his integration with the universe and the conflicting relationships according to the doctrine of Ying and Yang.108

Without delving into the other elements that the author has taken into consideration used to come up with the said results or the other results interpretations for each of the 64 hexagrams, one can say that the divining mindset does not depend as much on discourse as on intuition. This is a logic that does not perceive time as a regular and homogenous cycle—the way we measure time—but as a process made up of moments that are more or less favorable. It seeks to unravel everything that can be an opportunity (or the lack of it), moving one to act accordingly.

The entire book generally presents divination as eminently optimistic. Most of the verdicts project a positive attitude: they tend to give premium to action that will be crowned with success and bring good luck and gain. The verdicts of the oracles likewise favor virtues, like steadfastness, courage, prudence, humility, and rectification.

Dr. Anne Cheng points out this coincidence: she discovers references to seeking favorable opportunities in two books chosen by Zhu Xi (XI AD) as paradigms for the Neo-Confucian movement: The Great Learning and The Doctrine of the Mean. One can then affirm that this attitude of seizing opportunities that arise remains a positive characteristic of the Chinese trait.

A consequence of the Chinese' interest to foretell future events is their fondness for gambling. Nowadays, one can find some similarity in the way a gambler confronts his

107 The Classic of Changes (2006), Hexagram 37, p. 57 108 Fu, H.S. (2008), pp. 53 and 72 61 destiny, a situation that is repeated every time one bets at the gambling table. The gambler thinks that if the divinity—Lady Luck, in this case—smiles on him, he will immediately become rich; if she does not, then he goes home in peace and waits for another chance to arise. It This is a manner way of being one with the will of heaven even if this may not be what Confucius was referring to meant when he expressed the desire to live longer in order to get a deeper understanding of The Classic of Changes. Wins or loses at the gambling table are not due to man's connection with some cosmological force, but only a matter of probabilities that can be statistically proven.

The idea of hHow human behavior and natural phenomena mutually affect each other seems to contradict the experience of human freedom. Every person is born, lives and dies free. Therefore, it is inconsistent to believe that everything that happens to a person is pre-determined by forces outside of him. Man has the capacity to decide for himself, regardless of the cosmic forces that surround him. To think otherwise would mean that man is tied down—conditioned—by such events as eclipses, earthquakes, a rainy spring morning or the song of a bird.

5. The Classic of Rites

The son of Confucius was asked if there was something particularly significant that he learned from his father. The boy answered, “No, nothing in particular...Well, it would be this: once, my father asked me, 'Have you studied The Book of Songs?' I replied that I had not yet studied it. He then told me, 'Unless you study it, you will have be ill-equipped to speak.' Another day, my father asked me, 'Have you studied The Classic of Rites?' I answered, no, I had not, and he said, 'Unless you study it, you will be ill-equipped to take your stand. I retired and studied the two books. I was taught these two things'”109

There are three books that bear the title The Classic of Rites: Zhou Li, Yi Li and Li Ji. Scholars often call them The Three Rites. The first two are from the Zhou Dynasty, which Confucius and Mencius refer to. The third one is a compilation of texts made during the Han Dynasty even if it but still contains passages from antiquity. Still, from that time, tThis last book was raised to a higher distinction, to form part of the Five Classical Books.110 The contents of the three books may be summarized in this manner:

A. Zhou Li or The Classic of Rites of the Zhou contains a detailed relation of the tasks and functions of those who hold high posts in the government. It describes the

109 Confucius (2002), Book 16, No. 13 110 The Classic of Rites or Li Chi, written towards 1100 BC. We shall use the translation of James Legge (1885, reprinted in 2008), Part One, Chapter I, No. 1, pp. 4-5 62 bureaucracy of the Empire that was organized under six offices or ministries. It is the first manual on the organization and function of public administration:

1. The Office of Heaven is the office of the Prime Minister, who is tasked with everything that is directly related to the Emperor and the appointment of officials to other ministries. 2. The Office of Earth is in charge of administering all the territories that are outside the royal dominion. Its other duties include promoting agriculture, education and social security. It can also fix the cost of goods during times of scarcity. 3. The Office of Spring, charged with all the rites and ceremonies, also has the mission of compiling and safeguarding historical archives. 4. The Office of Summer, or the Department of Defense, recruits, trains and mobilizes the army. It is also charged with building and defending fortifications. 5. The Office of Autumn combines the judicial and diplomatic powers. 6. The Office of Winter is in charge of the economy, public works and Sstate monopolies.111

B. Yi Li or The Classic of Ceremonies contains , among many, prescriptions for offering sacrifices to Heaven, for rendering cult to the ancestors, marriage and funeral ceremonies, official visits, competitions among archers, diplomatic missions and banquets. The ceremonies for chiefs of states are modeled after the way a patriarch conducts family or clan meetings.

The descriptions of these ceremonies as well as of the details touching on the responsibilities that of each person in government has are quite exhaustive. It tries to make sure that nothing is amiss or open to improvisation among the participants. This is largely the fruit of the Duke of Zhou's concern to elaborate the proper behavior that is expected of those attending intricate ceremonial visits and participating in sacrifices to the ancestral spirits. It is also an attempt to ensure the unity and loyalty of the Emperor's many relatives who were appointed to head the cities and regions.

Li Ji or The Classic of the Archives of the Rites contains some exemplary stories of filial piety as well as stories and sayings of Confucius and his disciples. Other chapters compare the ceremonies and rites of the first three dynasties: Xia, Shang and Zhou. Li Ji is best known for its treatises that explain the origins and significance of the rites.

This book fosters love for one's parents, respect for one's teachers and superiors, and separation between the sexes. It also sustains that it is a mistake to return good for evil: ‘Repaying good with good, and ill with ill’ is the basis of civil order and ‘those who

111 Nylan, M.(2001), pp. 182-183 63 repay ill treatment with good’ are rewarding evil and therefore are confusing ordinary morality.112

‘Various chapters of the books are dedicated to topics, like birth, weddings, family, funerals, duels, and ancestor worship. Still, oOver and above the exquisitely detailed descriptions, this book offers a great wealth of information about ancient culture, many of which remain a common heritage of the Chinese people.

The book Classic of Rites states, “Without the Rites, there would be no way of distinguishing the proper relationship between father and son; without the Rites, there would be no appropriate way of maintaining due distance between a man and a woman, a father and a son, or an elder brother and a younger brother. Relationships among families brought together through matrimony would not be established, much less the relationships between friends. For these the kings of old instituted the Rites.”

The Classic of Rites furthers, “There are three levels of filial piety. The highest one consists in honoring one's parents through one's own worth, that is to say, through the merits acquired from living an exemplary life, not committing works unworthy or degrading to one. The lowest form of filial piety is the inability to solve difficulties or to support one's parents when it is needed.”113

Thus, the noblest manifestation of filial piety is that of working for a cause that will greatly benefit all men. Filial piety begins with the love for one's parents, matures in serving one's country, and is perfected by a good reputation for being just and sincere.114 Parents naturally want their children to fulfill their duties as citizens and, if possible, to carry out tasks for the good of all. Thus a son who practices filial piety is one that satisfies his parents' desires.115

‘The Duke of Ai asked: How is it that the gentlemen of the present day do not practice the Rites? Confucius said, the gentlemen of the present day are never satisfied in their fondness for wealth, and never wearied in the extravagance of their conduct. They are wild, idle, arrogant and insolent. They seek to get whatever they desire without reference to right or reason’.116This is how Confucius links the Rites with filial piety: the children's failure to do good translates to a neglect of the Rites.

112 Nylan, M. (2001), pp. 186-187 113 Cheng, T.H. (1947), p. 168 114 Classic of Filial Piety (1879), Chapter 1, No. 1, p.17, written in 2 BC. We use the translation of James Legge 115 Cheng, T.H. (1947), p. 169 116 The Classic of Rites (1885), Part Two, Chapter 24, No. 1, pp. 262-263 64

According to the probable dates of the composition of this book, some 800 years had passed between the time the Duke of Zhou promulgated the Rites and the time the Duke of Ai engaged Confucius in the aforementioned dialogue. It is possible that the final version of the book was written during the first years of the Han Dynasty.

As regards the value given to Regarding matrimony, The Classic of Rites declares, ‘The ceremony of marriage was intended to be a bond of love between two families of different surnames, with a view, in its retrospective character, to secure the services in the ancestral temple, and in its prospective character, to secure the continuance of the family line. Therefore the superior men, -the ancient rulers- set a great value upon it’.117

The book can only refer to matrimony as the union between man and woman, where children are fundamental for the continuity of the family. For the ancients, the institution of the family was not a religious prescription but a social necessity. This text points out that the ancients gave as much importance to marriage as to ancestor worship. For them, the social order was oriented towards the family, and they constantly considered that man's present Sstate of life (being wed) projected into his future (ancestor worship). The first part of The Classic of Rites, has a chapter called the “Nei Zeh” or “The Model for the Family, which begins this way: “The sovereign and king orders the chief minister to send down his lessons of virtue to the millions of people.”’

In the second part of the Book, there is another Chapter on “The meaning of the marriage ceremony: 'The respect, the caution, the importance, the attention to secure correctness in all the details, and then the pledge of mutual affection, -these were the great points in the ceremony, and served to establish the distinction to be observed between man and woman, and the righteousness to be maintained between husband and wife. From the distinction between man and woman came the righteousness between husband and wife. From that righteousness came the affection between father and son; and from that affection, the rectitude between ruler and minister. Whence it is said, “‘The ceremony of marriage is the root of the other ceremonial observances.”118

If matrimony is the root of all ceremonies, then funeral rites and sacrifices offered to the dead are the most important; the rites and ceremonies held during imperial audiences, those of greatest honor; and the visits between the courts and folk festivals, those that promote the most harmony.

117 The Classic of Rites (1885), Part Two, Chapter 41, No. 1, p. 428 118 The Classic of Rites (1885), Part Two, Chapter 41, No. 3, p. 430 65

For the matrimonial ceremony, the father of the groom would give his son a cup, as it was only proper that the man should initiate the first step to welcome the woman. The bride-to-be entered the house of the groom and, after rendering the customary signs of respect to her future in-laws, took her place at her fiancée’s side to render cult to Heaven and to the family ancestors, represented by the family plaques. Each house had a small space dedicated to these plaques that bore the names of the ancestors. This ceremony, which has been observed for over 20 centuries, is a formality that represents the spiritual side of the matrimonial ceremony.119

The Classic of Rites continues to explain how the daily routine should be: “To honor their parents, the first family law requires the children to wash their hands, rinse their mouths, comb their hair and dress up once the cock crows in the morning.” The decree then gives a meticulous and exhaustive list about how one should go about these activities, adding: “The wives of the sons should serve their in-laws as they would their own parents. They also must start working at cock crow.”

“Once dressed, the daughters and sons should go to where their parents or in-laws are resting. Once they get there, they should softly and affectionately ask if they had slept well. They shall bring them a washbasin, and ask if they wish them to help them in washing. When they are done, they shall give them a towel. They will ask them if they needed anything else and will respectfully bring them whatever they asked. All this will be done with an aspect of gladness, to please their parents. They shall bring them all sorts of food; when their parents start tasting them, the children and daughters in law shall leave.”120

As for the little children, “the small children go to bed earlier and get up much later, whenever they want to. Neither is there a fixed schedule for feeding the infants. When the child is able to eat on his own, he shall be taught to use his right hand...”121

These and other similar indications form part of the body of culture which Confucius felt responsible to transmit to the next generations. The imperial ordinance included a whole spectrum of indications: “On the street, the man walks on the right, and the woman on the left.” “Men should not talk about domestic concerns, neither should women talk about things that have nothing to do with the home.” These simple norms that The Classic of Rites describes shows that Chinese humanism is deeply rooted in most the remotest of ancient times—long before the different religions came to light.

119 The Classic of Rites (1885), Part Two, Chapter 41, No. 2, p. 429 120 The Classic of Rites (1885), Part One, Chapter Nei Zeh, Sec. 1, Nos. 2-4, pp. 256-257 121 The Classic of Rites (1885), Part One, Chapter Nei Zeh, Sec. 2, Nos. 32-37, pp. 272-273 66

Mo Zi, an important author from V the 5th century BC wrote: “In ancient times, people 格式化: 上標 did not yet know how to build houses, and so they lived in the hills and high places, in caves and grottos that were so humid and detrimental to the health. It was after the times of the king-sages that they started building houses. The buildings had to be tall in order to avoid humidity: the external walls, resistant to the wind and cold; the roofs, able to withstand the rains and snow; and the inner walls, high enough to keep the prescribed separation between the men and the women. Nothing short of great care must be put in observing these requirements.”122

Since far-flung ancient times, the laws on social order included the family, down to those the height of the houses' inner walls. These norms directly affected persons as members of the family. The sovereign was obliged to oversee order in the family, including the hierarchy of respect that children owed their parents, the mutual respect among the family members, and multi-secular family traditions.

In general, these laws favored social life, family harmony, and the development of the person. However, some cases pointed otherwise due to the excessive emphasis on parental authority over the children's marital relations and their right to property. For example, the law granted parents the right to decide on the divorce of their children. Another case in point is that of requiring a daughter- in- law to present herself to her in- laws on the day after her wedding to manifest her desire to obediently serve them and to continue the family line.123

“When the sons and their wives, with reverence and filial piety, receive an indication or command from their parents, they must not ignore or delay its execution...when the sons or their wives do not render due reverence or have no filial piety, the parents will try to instruct them in it, but if they do not learn or obey....the parents can cast the son out of the house or send back the daughter- in- law to her parents' house. They shall do so discreetly, with making public the reasons for their decision.” Another law states that children have no juridical rights to own property. “A son and his wife cannot possess property or goods or animals or crockery.”124

Deprived of the right to have possessions, which is due to any adult, it was impossible to leave the paternal home. In the case of a woman who did not get along with her in-laws, not even the husband could do anything to defend her. Apparently, the law went to

122 Mo Zi (2010), p. 39 123 The Classic of Rites (1885), Part Two, Chapter 41, No. 3, p. 431 124 The Classic of Rites (1885), Part One, Chapter Nei Zeh, Sec. 1, Nos. 14 y 19, pp. 260-261 67 unwarranted extremes in upholding parental authority, and remained in force all throughout the imperial period.

Another aspect of the established order that opposed the principle of equal opportunities and of non-discrimination among people was the openness, even the legalization, of concubinage. “If a son has two concubines and the parents favored one over the other, even if the son loves the latter, he can never dare give her the same treatment as the first one—not in dress or in food or in domestic chores. Even if his parents die, he cannot change the way he treats the two. On the other hand, if a son loves his wife, he must divorce her if his parents do not like her. And if a son does not love his wife but his parents think that she serves him well, the son should respect her as a wife for as long as she is alive.”125

Discrimination was even greater within the imperial family. “In Ancient times, the Empress divided the harem into six palaces that housed the first three concubines; another group of nine lesser concubines; another group of 27 other lesser concubines; and, lastly, a bigger group of 81 concubines. All of them were instructed in domestic chores and specific rules that corresponded to their 'status,' such that they obeyed the Empress or the First Wife. The Emperor, the Son of Heaven, is to the queen as the sun is to the moon. And the Son of Heaven and his queen are like father and mother to the people.”126

Activities outside the home, like farming, hunting or going to war were a man’s tasks, while the woman found security and well-being in looking after the household chores. It was a commonly accepted rule, almost without any exemptions, that a woman who married should leave the house of her parents to form part of her husband's household. This was likewise the reason for the parents’ preference for having sons. In a way, a woman did not marry a husband, but his entire family. This custom is reflected in the law described in The Classic of Rites.

The book is generally based on the concept of subordination: the woman is totally submissive to her husband; the son must practice complete piety towards his parents; the younger brother must outdo himself in respecting and obeying his elder brother; and everyone must render absolute obedience to the Emperor. Cao Gui maintains that all the laws in The Classic of Rites were designed to control the people's behavior. Violations of these norms brought down terrible punishment on the transgressor. Laws referring to a woman as wife and mother were, so to speak, carved in stone.127

125 The Classic of Rites (1885), Part One, Chapter Nei Zeh, Sec. 2, No.16, p. 260 126 The Classic of Rites (1885), Part Two, Chapter 41, Nos. 11-13, pp. 432-434 127 Legge, J. (1994), Vol. 5, p.105 68

The Classic of Rites of the Zhou also describes the situation of the State then. From that moment, the State was directly responsible for the physical and mental well being of the citizens, as well as for their moral conduct. As a consequence, it went about facilitating and providing for the citizens’ basic needs, including security, employment and education. As regards the youth, the aged, the sick, and the disabled, a complete system of social service was instituted: the Emperor, besides forming dominions, divided the regions, defined the ranks of the officials, and established the tasks of the administrative bureaucracy. The Emperor was the people's ultimate norm for morality. He guided them through example, music and the rites.128

Family unity as well as the solidity of the Empire was promoted through the Rites. The Duke of Zhou crafted a system by which the feudal lords had to visit the Emperor periodically. Mencius says: “When the emperor goes to (visits) the feudal lords, this is known as a ‘tour of inspection.' When the feudal lords go to pay homage to the Emperor this is known as ‘a report of duties’. If a feudal lord fails to attend court, on the first offense, he loses his rank; on the second office, he loses a part of his territory; and for a third offense, the Six Armies will move into his State.”129

The Zhou princes who were sent by the emperor to head the new conquered territories and their descendants married women from the area and enjoyed great autonomy. They had their own government, chose their officers and maintained their own armies. However, even more dangerous to State unity was the fact that the positions that were granted to these princes took on a hereditary character. As these were passed on through three generations, the princes of these States had lost sight of the Emperor as the reference point in terms of authority. Thus, in the next 800 years, Imperial China existed by law but not in fact.

6. The Classic Book of Songs

Music was important in classical China. The Classic of Rites gives reasons to for this: “Music affects the inner man, while the ceremonies influence the outer man. If the ceremonies unite the Nation, then music is of no lesser importance”130

The book furthers, “Music that is produced through the modulation of the voice reflects the affections of the mind—the heart—which affect what is outside of man. These

128 Nylan, M. (2001), pp. 184-185 129 Mencius (2003), Book 6 Part B, No. 7, pp. 273-275 130 The Classic of Rites (1885), Part Two, Chapter 17, Sec. 3, Nos. 25-26, p. 126 69 external influences produce pleasure, anger, joy, sadness, love, shame, etc. For this, the kings of old put great attention on that which affects the mind and the heart.”131

“Since exterior things that affect man from the outside cannot be controlled, when one allows himself to be swayed by twhat he likes or dislikes, without controlling his interior order, then man’s perception of the nature of things changes. He abandons the voice of the celestial principle that is inside him and is led by external desires that end up dominating him. Such are men of false and rebellious heart; those who lead violent and licentious lives. The strong abuse the weak; the majority abuses the minority; the knowledgeable abuse the ignorant. With such disorder, the needy, the aged, the orphans, the newly born, and the widows are neglected.”132

Consequently, the ancient kings--those wise and prudent men that Confucius admired— instituted ceremonies to guide men towards the good; music to cultivate harmony in men's voices; laws to unify the conduct of men; and punishment to check their tendency to do evil.133 It is therefore not surprising that one classical book, which has been lost in time, should be dedicated to music. When the ancient kings instituted their ceremonies, music, laws, and chastisement, they did so observing the demands of humanity.134

Among all the ancient books, The Book of Songs is the one that has left a most profound mark on China's national spirit. The Classic of Historical Documents is most important for containing the documents kept in the imperial archives, however, these were not accessible to the common folk. At best, some States had their historians who offered a more localized and partial view of events. On the other hand, poetry was a universal commodity and many knew them by heart. The Spring and Autumn Annals was hardly cited in The Classic of Historical Documents but it did make several references to the Book of Songs, which always wielded certain authority because it contained the sublime human values.135

Music was a vehicle for communicating to others feelings of joy or sadness or to express the spiritual harmony between man and Nature. Poetry was sung or recited to the rhythm of music. Musical instruments from the Shang Dynasty were Ssilent witnesses to this form of expression. are the musical instruments from the Shang Dynasty. Musical iInstruments of bronze, gold, stone, bamboo, wood, leather, silk and ceramic were

131 The Classic of Rites (1885), Part Two, Chapter 17, Sec. 1, No. 1, p. 114 132 The Classic of Rites (1885), Part Two, Chapter 17, Sec. 1, No. 12, p. 119 133 The Classic of Rites (1885), Part Two, Chapter 17, Sec. 1, No. 2 and 10, pp. 114 and 118 134 The Classic of Rites (1885), Part Two, Chapter 17, Sec. 1, No. 13, p. 119 135 Elorduy, C. (1976), pp. 100-102 70 excavated and recovered from the various ruins of Anyang, the old capital of the Shang. After four thousand years, they still produce clear and delightful melodies.

Poetry sessions usually commenced by the ringing of bells and the beating of drums. The bells signaled the singers and actors to prepare for their entrance. Three thousand years later, influenced by this very idea, the Beijing Olympics commenced with the thunder of 2008 drums—a gesture that reminds us to never underestimate the value and present-day relevance of these aspects of ancient culture.

The date of the poems' composition reveals the sentiments, customs and culture of the Chinese people before they were influenced by Confucianism, Taoism and Buddhism. To appreciate the value of poetry in education, suffice it to recall Confucius’ words about The Book of Songs. The Master said: “The Poems, the 300 of them, may be summarized in one phrase: 'that I may not stray from the right path.'136 This is found in Poem 297 that tells of a team of horses moving straight ahead, without turning from one side to another.

The Book of Songs contains works chosen by Confucius who desired to transform the poetic heritage of the ancient world into a code of conduct that touches the hearts of men. Arthur Wiley's excellent English translation has the poems grouped according to theme: the first 69 refer to young love and courtship; the next 46 deal with matrimony and children. It gives an idea of the importance of the family in society.

Although the majority of the poems are of folk origin, these were polished by experts to take on form, rhythm and elegance in language. They were sung during various occasions, like banquets, competitions, weddings, send-offs, and ceremonial State activities. In general, each poem contains a hidden lesson that is expressed through analogy. Many of the poems center around an image drawn from daily life, which is sometimes difficult to decipher.

The Book of Songs constitutes 305 poems, the oldest of which is “The Rise of the House of the Shang,” which dates back to 1700 BC. The most recent, called “Camaraderie,” is dated 500 BC. Just like the other Classical Books, The Book of Songs disappeared during the Qin Dynasty, but the succeeding dynasty easily recovered it, as people from all parts knew the poems from memory. Four different versions emerged, of which the work of Mao Heng was popularly accepted as the closest to the original.137

The book is divided into two sections, according to the type of music that accompanied the poems:

136 Confucius (2002), Book 2, No. 2 137 Xu, Y.Z. (1994), Publisher’s Note 71

a. Songs: composed of 160 songs and 74 odes representing what the people of the 15 States sung. b. Hymns: 31 pieces that the nobility sang in court and 40 hymns that were sung when offering sacrifices to Heaven and rendering cult to the ancestral spirits.

Confucius seems to refer to the composition of this book when he wrote: “It was after my return from Wei to Lu that music was put right with each section of the Poems being assigned its proper place.”138

Sima Qian (145-86 BC) affirms that this book has “three thousand ancient songs. Confucius set aside the repetitive ones and chose what he deemed adequate for inculcating good conduct.”139 The purpose to educate through poetry is to make man self- controlled, sincere and honest, but not stupid.

To appreciate the importance he gave the poems, we read in his Analects: “My children, why do you not study The Book of Songs? In it, you can perfect your discernment to see and appreciate things as they should be. In it, you can stimulate your imagination: you can learn to live in harmony with others; you will learn to disagree without losing face. The book teaches you how to serve your parents at home and to serve the prince when you are not at home.”140

The book is a most important manual for educating the people, not only for its reference to good manners, but also for observing the norms on social, family, personal and religious life. The poems take advantage of use the people's emotions to reinforce moral education and thus strengthen married life, increase filial love, purify one's way of being and improve social habits and love for country. Love is the oil that soothes social relations. The lessons contained in the poems are so profoundly simple that the uninitiated reader will find it difficult to understand how such short poems can conceal such wisdom. For instance, generous and unselfish love is extolled in poem 64141:

She throws a quince to me; I give her a green jade Not in return, you see,

138 Confucius (2002), Book 9, No. 15 139 Qian, S. (2005), pp. 54-56 140 Confucius (2002), Book 17, No. 9 141 Book of Songs (1994), pp. 83-84. The book is a collection of poems from various centuries (from 1300 to 500 BC) and from different regions. It is generally accepted that it was Confucius who compiled and edited the poems that we have today. We shall be using the translation of Xu Yuanzhong. 72

But to show acquaintance made.

She throws a peach to me; I give her a white jade Not in return, you see, But to show friendship made.

She throws a plum to me; I give her jasper fair Not in return, you see, But to show love for e’er.

In harmonious rhythm, with a sense of the classical, The Book of Songs gives the family and the home a due place of honor in society. The family preserves love, veneration and the commemoration of its ancestors, which is a tradition that has passed the test of time, religions, politics and ideologies.

The duty of filial piety arises from man's gratitude to those who gave him life and this extends to one's parents and grandparents. Exquisite sanctuaries were raised to deceased relatives and their names, inscribed on simple plaques. Neglect and indifference were unacceptable.

From ancient times, it was indispensable to obtain the consent of one’s parents to marry. Mencius relies on the Book of Songs to highlight this: “When a man feels in him the stirrings of love, when he feels that he loves a beautiful maiden, the Book of Songs says:

-What must a man do when he wants to marry a woman? - Consult his father and mother.142

Many poems in this book sing of human love that leads to family ties. The first emperor of the Han Dynasty approved an edict that begins with the following consideration: “We have learned that people must be guided by the Rites and moved by Poetry and that the institution of matrimony is based on the family.”143 The Book of Songs sings of love that overflows with joy and generosity. Conjugal fidelity likewise occupies an important place here: infidelity must not disturb social life. Poem 31144 has a soldier revealing his inmost sentiments:

142 Mencius, Book 5, Part 2, No. 2 143 Various versions shall be used for the quotes from Sima Qian. This one is a translation by Burton Watson (1993), Vol. 2, p. 358 144 Book of Songs (1994), p. 55 73

We parted, live or die, We made oath, you and I When our hands we hold And live till we grow old

Poem 1, entitled, “Cooing and Wooing” was sung by young girls as they gathered vegetables that grew in the wild. Professor Wu Shoulin explains that turtle doves are birds known to be faithful in love, and so are symbols of married love and fidelity.145

By the riverside are cooing A pair of turtledoves; A good young man is wooing A fair maiden he loves.

Water flows left and right Of cresses here and there; The youth yearns day and night For the good maiden fair

His yearning grows so strong. He cannot fall asleep; He tosses all night long, So deep in love, so deep!

Now gather left and right The cresses sweet and tender! O lute, play music bright For the bride fair and slender!

Feast friends at left and right On cresses cooked till tender! O bells and drums, delight The bride so fair and slender!

The original version describes the maiden as virtuous, which summarizes the essential qualities of the ideal woman: modesty, elegance, unspoken graciousness, a pure heart and

145 Book of Songs (1994), p. 33 74 fidelity.146 It is the oldest love poem in China. In the Analects, the Master said, “in the ‘Cooing and Wooing’ there is joy but not to the extent of wantonness, and sorrow but not to the extent of self injury.”147

Similarly, Poem 6 148 describes the love of a newly-wed couple and their hopes for happiness. They were married in spring, when the peach trees were in flower, and so the poet compared the bride's beauty, the promise of fertility and prosperity for the new household to the blossoms, leaves and fruits of the peach tree.

The Newly Wed

The peach tree beams so red, How brilliant are its flowers! The maiden's getting wed, Good for the nuptial bowers.

The peach tree beams so red, How plentiful its fruit! The maiden's getting wed; She's the family's root.

The peach tree beams so red, Its leaves are lush and green. The maiden's getting wed; On household she'll be keen.

While Poem 23 149 has a young woman asking for respect. The Chinese word for “woman's bedroom” is composed of two characters: one that means “jade stone” which, to this day, the Chinese consider most precious for its great value and purity, while the other means “door.” The precious stone is safeguarded and the door protects the woman's intimacy.

A Deer-killer and a Jadelike Maiden

An antelope is killed And wrapped in white afield.

146 Ku, H.M. (2006), p. 157 147 Confucius (2002), Book 3, No. 20 148 Book of Songs (1994), pp. 36-37 149 Book of Songs (1994), p. 48 75

A maid for love does long, Tempted by hunter strong.

He cuts down trees amain And kills a deer again. He sees the white-dressed maid As beautiful as jade.

“Oh, soft and slow, sweetheart! Don't tear my sash apart!” The jadelike maid says, “Hark! Do not let the dog bark!”

In the countryside, weddings were celebrated in spring. Poem 95, of popular origin, for instance, was sung by young farm folk. When spring comes, young people expressed sentiments of love amidst games and dances, moments when one could easily fall in love.

Riverside Rendezvous

The Rivers Zhen and Wei Overflow on their way. The lovely lad and lass Hold in hand fragrant grass. “Let's look around,” says she; “I have already,” says he. “Let us go there again! Beyond the River Wei The ground is large and people gay.” Playing together then, They have a happy hour; Each gives the other a peony flower.

Poem 58150 however offers sound counsel, warning the youth that they could be easily misled, as many to channel their desires in the light of forming a family.

A Faithless Man

How fresh were mulberries

150 Book of Songs (1994), p. 78 76

With their fruit on the trees! Beware, O turtledove, Eat not the fruit of love! It will intoxicate. Do not repent too late! Man may do what he will, He can atone it still. No one will e'er condone The wrong a woman's done.

Poem 218151 for its part describes the happiness of a husband who mounts his cart to seek his betrothed. It was not easy for this young man to conquer the love of such a virtuous maiden, but his efforts were ultimately rewarded.

The Newly-Wed

Having prepared my creaking cart, I go to fetch my bride. Not hungry nor thirsty at heart, I'll take her as good guide. No good friend comes nor priest; We'll rejoice in our feast.

In the plain there's dense wood And pheasants with long tails. I love my young bride good; She'll help me without fail. I'll praise her when we feast, Never tired in the least...

I climb the mountain green To split oak for firewood. Amid leaves lush and green I split oak for firewood. Seeing my matchless bride, I will be satisfied.

151 Book of Songs (1994), pp. 242-243 77

Poems about spouses also bespeak love and the pain of separation due to the wars. The most beautiful work among these is Poem 62.152

My Lord

My lord is brave and bright, A hero in our land, A vanguard in the King's fight, With a lance in his hand.

Since my lord eastward went, Like thistle looks my hair. Have I no anointment? For whom should I look fair?

Let it rain, let it rain! The sun shines bright instead. I miss my lord in vain, Heedless of my aching head.

Where's the Herb to Forget? To plant it north I'd start. Missing my lord, I fret: It makes me sick at heart.

Neither are the poems of love separated from the people's desire to be blest with numerous descendants. Poem 5153 compares a large family to a beehive where everyone comes and goes and live together in harmony.

Blessed with Children

Insects in flight, Well you appear. It is all right You've many children dear.

Insects in flight,

152 Book of Songs (1994), p. 82 153 Book of Songs (1994), p. 36 78

How sound your wings! It is all right You've children in long strings.

Insects in flight, You feel so warm. It is all right Your children come in swarms.

Speaking of filial piety, the Doctrine of the Mean quotes Poem 164 that weaves together the bonds of filiation and fraternity.

Brotherhood

When war comes to an end, Peace and rest reappear. Some may think a good friend Better than brothers dear.

But you may drink your fill With dishes in array And feel happier still To drink with brothers gay

Your union with your wife Is like music of lutes And with brothers your life Has longer, deeper roots.

Delight your family, Your wife and children dear! If farther you can see, Happiness will be near.

While reading this poem, Confucius uttered words of praise: “How happy must your parents be seeing you at the head of such a family!” In other words, it is great duty of filial piety to build a united family.154

154 Cheng, T.H. (1947), p. 178; also, Book of Songs (1994), pp. 168-169 79

Other poems also allude to filial piety. For example, the first stanza of Poem 110155 has a soldier thinking about his father; in the second, he remembers his mother, and the third, his brothers and sisters.

A Homesick Soldier

I climb the hill covered with grass And look towards where my parents stay. My father would say, “Alas! My son's on service far away; He cannot rest night and day. O may he take good care To come back and not remain there!”

Poem 164156 also expresses and illustrates high esteem for the virtue of fraternity.

The blooms of cherry tree, How gorgeous they appear! Great as the world may be, As brother none's so dear.

A dead man will be brought To brother's mind with woe. A lost man will be sought By brothers high and low

When a man is in need, Like wagtails flying high To help him brothers speed, While good friends only sigh.

Brothers may fight within; They fight the foe outside. Good friends are not kin: They only stand aside.

Your union with your wife

155 Book of Songs (1994), p. 117 156 Book of Songs (1994), p. 168 80

Is like music of lutes And with brothers your life Has longer, deeper roots.

Delight your family, Your wife and children dear! If farther you can see, Happiness will be near.

Not all poems sing of love as seen through a pair of rose-colored glasses. Much of family life is characterized by sorrow, loneliness, apprehension, infidelity, abandonment, separation, and scandal; and the poems do not gloss over these realities. In fact, they reveal a clear sense of morality so that children and young people learn to accept suffering and to learn from one's mistakes. The titles of these poems are self-explanatory: “The Deceased Wife” (Poem 122); “Elegy” (Poem 124); “A Deserted Wife” (Poem 22); “Complaint of a Woman” (Poem 26); “An Abandoned Woman” (Poem 29); “A Rejected Wife” (Poem 35); “Regret” (Poem 69); “The Forgotten” (Poem 132); “A Castoff Woman” (Poem 201); “A Rejected Husband” (Poem 188); “Scandals” (Poem 46); “Incest” (Poem 101); “A Faithless Man” (Poem 58); “Leave Me Not” (Poem 81); and “An Evil-Doer” (Poem 141).

We can go on and on citing poems that in one way or another sing about the family and its many facets and eventualities. However, before we close this section and proceed to poems that dwell on matters of governance, allow Poem 32 to move our hearts. Here, seven sons sing to their mother who was widowed during a war (718 BC).157

Our Mother

From the south blows the breeze Amid the jujube trees The trees grow on the soil; We live on mother's toil.

From the south blows the breeze On branches of the trees. Our mother's good to sons; We are not worthy ones.

157 Book of Songs(1994), pp. 55-56 81

The fountain's water runs To feed the stream and soil. Our mother's seven sons Are fed by her hard toil.

The yellow birds can sing To comfort us with art. We seven sons can't bring Comfort to mother's heart.

One may conclude that China, from ancient times, has been a poetry loving nation. The people expressed themselves through verse, not only when in love, but also when entertaining guests, sending off a friend, venting out feelings of sorrow, preparing for an imperial inspection, celebrating the appointment of a court official, praying during sacrificial rites to the ancestral spirits, or recounting the epic deeds of the kings and nobles of old. Confucius and his disciples were key to preserving and disseminating ancient poetry.

Besides being a philosopher and a statesman, Confucius was, above all, an educator. He handpicked traditional poetry and put these to music as aids to his task, convinced that such works could help people lead morally upright lives, as poetry is easy to teach and memorize and so become a permanent source of inspiration.

The Master likewise believed that traditional poetry, as allegory, could rebuke the leaders of the land to repent of their misdeeds, but without offending them. Poems and songs were a way of preserving the body of culture without giving rise to envy or frivolity. Rather than trying to argue or lobby, poetry moves hearts to do good.

The topic of each poem reveals itself in concentric circles, making the work easier to comprehend. A metaphor is oft-repeated in each stanza, like a refrain.158

Besides aiming to foster filial piety, the family, and the practice of the virtues, a second category of poems allowed people to verbalize their opinions about politics and society— to praise or to criticize, or to denounce or support a certain stand. In this sense, poetry became an enduring channel that was open to families, feudal lords and the Emperor's officials. The common folk had no access to the Imperial City but it was their music and poetry that penetrated its barriers.

158 Wu, S.L. (2005) p. 57 82

Through folk poetry, the people were heard but without directly slighting their leaders; they made their presence felt even if they could not directly question the Emperor's decisions. In their weakness, they exhibited power because poetry was the vox populi-- the voice of the people. Poem 113, 159 for example, subtly expresses the people's complaints about an unjust official.

To Corrupt Officials

Large rat, large rat, Eat no more millet we grow! Three years you have grown fat, No care for us to show. We'll leave you now, I swear, For a happier land, A happier land where In our own place we'll stand.

Large rat, large rat, Eat no more wheat we grow! Three years you have grown fat. No kindness to us you show. We'll leave you now, I swear, For a happier State, A happier State where We can decide our fate.

Poem 253,160 on the other hand, was written by Duke Mu of the Zhao State, addressing King Li (877-841 BC). Composed during a time of great turbulence and suffering, the Duke purposely used the same words in the first five stanzas to reiterate his stand.

Duke Mu of Zhao's Advice

The people are hard pressed; They need a little rest. Do the Central Plain good, You'll reign o'er a neighborhood. Of the wily beware;

159 Book of Songs(1994), pp. 119-120 160 Book of Songs(1994), pp. 292-293 83

Against vice take care! Put the oppressors down Lest they fear not the crown! Show kindness far and near; Consolidate your sphere!

The people are hard pressed; They need relief and rest. Do good in the capital, You'll please your people all. Of the wily beware; Against wicked men take care! Repress those who oppress Lest they go to excess! In manner dignified You'll have good men at your side.

In other cases, poetry sets aside metaphor and speaks plainly, just like Poem 254, which censures the advisers of the above-mentioned King Li. It calls the government's attention to fulfill its duty to protect the family, as the family is the wall that defends the very essence of the State.161

Count of Fan's Censure

God won't our kingdom bless; People are in distress. Your words incorrect are; Your plans cannot reach far. You care not what sages do; What you say is not true. Your plans are far from nice; So I give you advice.

Our duties are different, We serve the government, I give you advice good; Your attitude is rude, My advice is sought after;

161 Book of Songs(1994), pp. 294-295 84

It's no matter for laughter, Ancient saying is good: “Consult cutters of wood!”

Good men a fence install; The people form a wall. Screens are formed by each State And each family great. Virtue secures repose, Walled up by kinsmen close. Do not destroy the wall; Be not lonely after all!

In the mid-Zhou Dynasty, it was normal for the educated to know at least some poems. These texts that have come down to us serve as a window that gives a view of the culture, habits, attitudes and manners that very much characterize this period. Poetry is like a ray of light without which a page in history would be in shadows. It is a cultural legacy where each region of the Central Plain (China) has a significant contribution.162 Since ancient times, poems were recited in gatherings, feasts, and sacrificial rites. Verses were part of, or even expected to be part of daily conversation.

Poems were channels of communication to air the peoples' joys and sorrows, loyalties and miseries, and works and sacrifices. They likewise were an instrument of unity of language, customs and culture--a symbol, like a national anthem, flag or seal that the men of the Central Plain identified with.

The poems at the end of the book bring to life the sacrifices that the people of old offered to their ancestral spirits; the deeds of the great men of that time; and the manifestations of gratitude to Heaven for granting a good harvest or victory to the men of the black-haired race.

Some poems are hymns to the heroes of the Shang and Zhou Dynasties—the sages that we admire in The Classic of Historical Documents, as well as some from the House of Lu, of which Confucius was a subject. Poem 299 actually tells of the Marquis of Lu.163

The Marquis of Lu

162 Nylan, M. (2001), p. 74 163 Book of Songs(1994), pp. 347-349 85

The Marquis' virtue high Is well-known far and nigh, His manner dignified, He's every people's guide. He's bright as well as brave, Worthy son of ancestors grave. He's full of filial love And seeks blessings from above.

His officers aligned With their forces combined Drove in martial array Southeastern tribes away. They came on backward way Without noise or display. At poolside hall they show What they've done with the foe.

They notch their arrows long On bows with bone made strong. Their chariots show no fears, With tireless charioteers. The tribes of Huai they quell Dare no longer rebel. As the Marquis would have it, The tribes of Huai submit.

One of the older poems is 301, which alludes to King Tang the Victorious, who overthrew the Xia Dynasty and founded the Shang Dynasty (1765 BC). Just like The Classic of Historical Documents, it manifests the close relationship between men and their ancestors.164

Sacrificial Hymn to King Tang

How splendid! how complete! Let's put the drums in place. Listen to their loud beat, Ancestor of our race!

164 Book of Songs(1994), p. 354 86

Your descendants invite Your spirit to alight By resounding drumbeat And by flute's music sweet. In harmony with them Chimes the sonorous gem.

The descendants with cheer Listen to music bright. Bells and drums fill the ear, And dancers seem in flight; Our visitors appear Also full of delight.

Our sires since olden days Showed us the proper ways To be meek and polite And mild from morn to night. May you accept the rite Your filial grandson pays!

These stanzas once again put to the fore a conviction that ancients, Confucius included, shared: that there was real spiritual communion between the living and the dead. The living beat their drums and danced joyfully for the deceased to listen and be entertained, and the living gratefully prayed that their ancestors would accept these rites. This goes to show that ancient humanism was vertically oriented and addressed both the future generations (the descendants) as well as the past (the ancestors).

The French stand up to proudly sing their national anthem, the Marseilles, to commemorate an event that took place over 200 years ago. For over 3000 years, the Chinese have been singing, reciting and calling to memory the heroic feats of Kings Tang, Wen and Wu. The short Poem 285,165 like the Marseilles, is a battle hymn as well as song of victory. Both remind the people of the origins of their Nation.

Hymn to King Wu

O King Wu great and bright,

165 Book of Songs(1994), p. 337 87

Matchless in main and might. King Wen beyond compare Opened the way for his heir. King Wu after his sire Quelled Yin's tyrannic fire. His fame grows higher and higher.

The choice of poems in this study proves the social cohesion as Confucius wove it--a fabric that sheltered China for over three millennia, whose strands are the people, particularly the family, and the weaver, the State. Neither one nor the other are is perfect. The poems give reasons to celebrate the goodness of the people and of the State, as well as lament their experiences of evil--a reminder that not all public events are victorious or festive. Besides the victory hymns and songs of heroes and valor, there were also incidents of corruption (Poem 113), calumny (Poem 219), injustice (Poem 224), famine (Poems 223 and 258) and misery (Poem 258).

The Book of Songs, like The Classic of Historical Documents, proclaims the ancients' belief in Heaven, in a God that is intelligent and venerated by nobility and commoner alike. Although the idea of Heaven rarely appears in folk poetry, the “State” poems often make mention of it. It was solely the Emperor's duty to address Heaven. Poem 288, a brief dialogue between Emperor Cheng and his ministers, show this familiarity with which the ancients address Heaven. In the first six lines, the emperor’s ministers advice him to heed the will of Heaven. The following lines show the attitude of the Emperor in this regard.166

“Be reverent, be reverent! The way of Heaven's evident. Do not let its favor pass by Not say Heaven's remote on high! It rules over our rise and fall And daily watches over all.” “I am a young king of our State, But I will show reverence great. As sun and moon shine day and night, I will learn to be fair and bright. Assist me to fulfill my duty And show me high virtue and beauty!”

166 Book of Songs(1994), p. 339 88

The Poems were nostalgic of a golden period to which the Chinese people wished to return. What was their role in forming the national conscience? One may suggest that these art forms, simple yet profound and wise yet innocent, must have pervaded feasts, paths, taverns and the garrisons of the Great Wall for over 2500 years. During that period, they filled the hearts of children and adolescents. They were sung at home and during State celebrations. They were taught in small and great schools. One may conjecture that they were tools that contributed to the peaceful and harmonious relationship between the State and the family, which Confucius desired to transmit to future generations.

Chapter II Confucius and Mencius

1. The Heritage of Confucius

The Five Classical Books are the best way to understand Confucius' work, since he studied, edited, and taught them all through his life. He wrote no other books, but there exists one work about him and his teachings. Entitled Lun Yu, it was written by his closest disciples and was translated by the Jesuits to Western languages under the name The Analects. a. Confucius and the Five Classical Books

The recovery of the Five Classical Books can be viewed as an intellectual endeavor that was probably the greatest influenced on the history of China the most. Many have criticized them, pointing out their weakness in content, however they remain the body of work that has contributed to the continuing development of the Chinese people as a nation for almost 5,000 years--an achievement that no other nation can claim.

The original version of The Classic of Historical Documents was written at the beginning of the Zhou Dynasty. Since then, Ssome 500 years had passed since then until the times of Confucius, so it is impossible to identify which parts are historically factual and which ones were romanticized in order to drive home a pedagogical point. Nevertheless, we have Confucius' testimony to the effort he had poured into studying his past: “The Master said: 'I was not born with knowledge but, being fond of antiquity, I am quick to seek it.”167

In his biographies of the sages from the Han Dynasty, Sima Qian wrote: “After fourteen years of having been away from the Lu State, which saw years of decadence in the house of the Zhou, neglectful of the Rites and of Poetry, Confucius dedicated himself to editing The Classic of Rites of the three Dynasties and correcting The Classic of Historical Documents, making chronological annotations of the data, arranging them in the correct order, from the Shun period to the period of the Duke of Mu. Confucius commented on the person who was in charge of the music of his State: w”We know that in the past, the musicians were disciplined and played as one. Later, they began to introduce new arrangements and more licenses. From the time I arrived from Wei, I decided to put the music in order and to edit the poems and the hymns.”168

Confucius witnessed a period of conflict, where no one took interest in putting his teachings into practice. Sima Qian does not deny that, upon editing The Classic of Historical Documents, Confucius might have idealized some events in ancient history. Similarly, in choosing works for The Book of Songs, Confucius might have discarded many that were not aligned with his moral ideal and his purpose to use these books as

167 Confucius (2002), Book 7, No. 20 168 Qian, S. (2007), pp. 46-47 90 pedagogical tools. As we have seen, Confucius used the official language 169 in composing his material. He must have done so, not only out of respect for the texts, but also and mainly because he was addressing the whole Empire.

Sima Qian also relates, “Had Confucius been an official, he might have dealt (with a situation) by discussing it with others and not making a decision on his own. However, it was a different case when he wrote The Spring and Autumn Annals: he bravely annotated everything that he deemed worth annotating and rejected others that he thought were of no use to him. He did so with resolve, without vacillating. His disciples had no say part in this regarddecision—not even the best of them, like Zi Xia.”170

“The Master said: , 'Be stimulated by the Odes, take your stand through the help of the rites and be perfected by music.”171 Confucius promoted music and the ceremonies but his idea went beyond mere form; it was much deeper. The Book of Songs as well as The Classic of Rites aimed for the betterment of the person: “What can a man who is not benevolent do with the rites who is not benevolent? What can a man who is not benevolent do with music who is not benevolent?” 172 Upon reading the books that constitute the great library of the house of Confucius, one gets to understand the Master's attitude towards the world around him—an openness that humbly wishes to get to the bottom of issues.

Confucius identifies himself with the ideal of life attained by the emperors of old. He said that not the slightest shadow clouded the virtues of these great men of ancient history. The Master affirmed, “How lofty Shun and Yu were in holding aloof from the Empire when they were in possession of it.... Great indeed was Yao as a ruler! How lofty! It is Heaven that is great and it was Yao who modeled himself upon it. He was so boundless that the common folk could not find the words to describe his virtues and triumphs.”173

“Duke Ai asked about government. Confucius said, “The governmental measures of King Wen and King Wu are spread out in the records. With their kind of men, government will flourish. When their kind of men are gone, their government will come to an end. When the right principles of man operate, the growth of good government is rapid, and when the right principles of soil operate, the growth of vegetables is rapid. Indeed, government is comparable to a fast-growing plant. Therefore the conduct of government depends upon men. The right men are obtained by the ruler's personal character. The cultivation of

169 Confucius (2002), Book 7, No. 18 170 Qian, S. (2005), p. 61 171 Confucius (2002), Book 8, No. 8 172 Confucius (2002), Book 3, No. 3 173 Confucius (2002), Book 8, Nos. 18-19 91 the person is to be done through the Way, and the cultivation of the Way is to be done through humanity.”174 Such was Confucius' devotion to the past that he exclaimed, “I have grown so old. It has been so long since I have seen the Duke of Zhou in my dreams.”175

Confucius affirmed that Heaven had entrusted to him the mission to of preservinge the legacy of the heroes of The Classic of Historical Documents. For example, one reads in The Analects, “the guards of Kuang feared that the group of Confucius was that of one who was notorious for sedition and so they were kept him in detention for seven days. When the brave Zu Lu wanted to defend him, Confucius refused .... (saying) With King Wen dead, is not culture (wen) invested here in me? If Heaven intends culture to be destroyed, those who come after me will not be able to have any part of it. If Heaven does not intend this culture to be destroyed, then what can the men of Kuang do to me?”176

As regards The Classic of Changes, Sima Qian's biography of Confucius states that because the Master had read so much of The Classic of Changes that he had to change the cords that bound the bamboo pages of that book thrice. Confucius seems to have accepted that one can foresee the future through divination. To quote him, “If I were to live fifty more years, I would use them to study The Classic of Changes. Thus I shall be spared of committing many mistakes.”177

Confucius was “like an architect watching in despair as his house is burned to the ground, aware that the only thing he could do is to rescue the plans so that he may rebuild it.”178 He recovered the blueprint, now known to us as The Five Classical Books, in order to rescue Chinese civilization. Upon doing so, Confucius came up with a new synthesis that gave the Chinese people an idea of a government that was rational, enduring and absolute. Besides this, in the last years of his life, Confucius spearheaded what was probably the first-ever private school that was open to all who wanted to learn, whether or not they had the means to pay for it. b. A Profile of Confucius

The Analects, or Lun Yu, the only work that is attributed to Confucius, is actually a re- compilation of his brief sayings, as noted down by his disciples. By writing down their

174 The Doctrine of the Mean (2003), No. 20, p. 37 175 Confucius (2002), Book 12, No. 11 176 Confucius (2002), Book 9, No. 5 177 Confucius (1973), Book 7, No.16 178 Ku, H.M.(2006), p. 26 92 questions to him as well as his answers, the followers of Confucius give us an idea of the Master's personality.

He showed his had a zeal for learning from the very start and practiced what he learned. Of capital importance to him and for all human beings is the virtue of filial piety: “It is rare for a man whose character is such that he is good as a son and obedient as a young man to have the inclination to transgress against his superiors; it is unheard of for one who has no such inclination to be inclined to start a rebellion. The gentleman devotes his efforts to the roots, for once the roots are established, the Way will grow therefrom. Being good as a son and obedient as a young man is, perhaps, the root of a man's character.”179

In another part of The Analects, Confucius said, “Nowadays, for a man to be filial means no more than that he is able to provide his parents with food. Even hounds and horses are, in some way, provided with food. If a man shows no reverence, where is the difference?”180 Respect for one's parents is also seen in details of courtesy. “The Master said, 'In serving your father and mother you ought to dissuade from doing wrong in the gentlest way. If you see your advice being ignored, you should not become disobedient but should remain reverent. You should not complain even if you are distressed.”181

The Master also said, “A young person at home must respect one's parents; when outside, one should respect one's superiors; one should be prudent and truthful in speech, know to love others with affection, paying more attention to virtuous men....Make it your guiding principle to do your best for others and to be trustworthy in what you say. Do not accept as friend anyone who is not as good as you. When you make a mistake, do not be afraid of mending your ways.”182

Another reflection of this constant concern one should have for one's parents is this: “The Master said:, “'A man should not be unaware of the age of his father and mother. It is a matter, on the one hand, for rejoicing and, on the other, for anxiety.”183

As regards the importance of truthfulness and honor, Confucius affirmed: “To be trustworthy in word is close to being moral in that in enables one's words to be repeated. To be respectful is close to being observant of the rites in that it enables one to stay clear of disgrace and insult. If, in promoting good relationship with relatives by marriage, a

179 Confucius (1989), Book 1, No.2 180 Confucius (1989), Book 2, No. 7 181 Confucius (2002), Book 4, No. 18 182 Confucius (2002), Book 9, No. 25 183 Confucius (2002), Book 4, No. 21 93 man manages not to lose the good will of his own kinsmen, he is worthy of being looked up to as the head of the clan.”184

According to Confucius, one's family responsibilities do not end when one forms his own family. A son's ties with his family endure till death. That is why he said, “Observe what a man has in mind to do when his father is living, and then observe what he does when his father dies. If after three years, he does not change the way with which his father dealt with situations, then one can say that he is a good son.”185

He told another disciple, “When your parents are alive, comply with the rites in serving them; when they die, comply with the rites in burying them and in offering sacrifices to them.”186

One can affirm that Confucius was a loyal and faithful man, bereft of deceit or treachery. With respect to ancestor worship, he said, “Sacrifice as if present is taken to mean sacrifice to the gods as if the gods were present. The Master, however, said, “Unless I enter into the spirit of a sacrifice, it is as if I did not sacrifice.”187

“In the local community, Confucius was submissive and seemed to be inarticulate. In the ancestral temple and at court, though fluent, he did not speak lightly. At court, when speaking with counselors of higher rank, he was frank though respectful. In the presence of his lord, his bearing though respectful, was composed.”188 We can therefore see that if Confucius conducted himself with utmost reverence at the Imperial Court, how much greater would have been his esteem for his ancestors.

One disciple gave an awe-inspiring description of the Master. “Yen Yuan and Chi-lu were in attendance. The Master said, 'Why do you not each tell me what it is you have set your hearts on.' Tzu-lu said, 'I should like to share my carriage and horses, clothes and furs with my friends, and to have no regrets even if they become worn. Yen Yuan said, “I should like never to boast of my own goodness and never to impose onerous tasks upon others.' Tzu-lu said, 'I should like to hear what you have set your heart on. The Master said, 'To bring peace to the old, to have trust in my friends, and to cherish the young.”189 This goes to show that Confucius' teachings about filial piety and brotherly love were so firmly anchored in his heart, and there they developed to take on a universal character.

184 Confucius (1989), Book 1, No.13 185 Confucius (2002), Book 1, No. 11 186 Confucius (2002), Book 2, Nos. 5-6 187 Confucius (2002), Book 3, No. 12 188 Confucius (2002), Book 10, Nos. 1-2 189 Confucius (2002), Book 5, No. 26 94

To further confirm Confucius' constant effort to practice the virtues, one reads at the start of the book, “Every day I examine myself on three counts. In what I have undertaken on another's behalf, have I failed to do my best? In my dealings with my friends have I failed to be trustworthy in what I say? Have I failed to practice repeatedly what has been passed on to me?”190 The purpose of this self examination was to be better, to change and to repent. As the Master put it, “to make mistakes and not to correct them, is truly the biggest mistake.”191 And “It is only the most intelligent and the most stupid who cannot be budged.”192 “There were four things the Master refused to have anything to do with: he refused to entertain conjectures or insist on certainty; he refused to be inflexible or to be egotistical.”193 For, in his opinion, “Virtue never stands alone. It is bound to have neighbors.”194 This may be interpreted in two ways: first, when we meet a virtuous person, we see him exercise not just one, but many virtues; second, a virtuous person cannot but attract others to himself.

“Tsu-kung asked, 'Is there a single word which can be guide to conduct throughout one's life?' The Master said, “It is perhaps the word shu. Do not impose on other what you yourself do not desire.” 195 As the text suggests, Confucius' answer is not limited to avoiding doing evil to others. For example, the Master taught his disciples, “To fail to speak to a man who is capable of benefiting is to let a man go to waste. To speak to a man who is incapable of benefiting is to let one's words go to waste. A wise man lets neither men nor words go to waste.”196 This means that one who is in the a position to help, teach or correct another must do so. The Master suggests a proactive attitude in dealing with others. The first formula only establishes the limits, or the minimum expected in observing the norm of conduct.

Confucius' common sense replies are almost proverbial. For instance, one of his maxims goes, “There are nine things the gentleman turns his thought to: to seeing clearly when he uses his eyes, to hearing acutely when he uses his ears, to looking cordial when it comes to his countenance, to appearing respectful when it comes to his demeanor, to being conscientious when he speaks, to being reverent when he performs his duties, to seeking advice when he is in doubt, to the consequences when he is enraged, and to do what is right at the sight of gain.”197

190 Confucius (2007), Book 1, No. 4 191 Confucius (1989), Book 15, No. 29 192 Confucius (1989), Book 17, No. 3 193 Confucius (2002), Book 9, No. 4 194 Confucius (2002), Book 4, No. 25 195 Confucius (2002), Book 15, No. 24 196 Confucius (2002), Book 15, No. 8 197 Confucius (2002), Book 16, No. 10 95

However, very little is written about the Master's lifestyle. Among the brief references made by his disciples, the Master was known to dress well—not luxuriously, but always befitting his position in society. He was sober when it came to eating and liked to drink, but never to the point of stupor.198

He was always concerned more about people than about wealth. “Once, when the town's stable caught fire, the Master, when he returned to the court asked, 'Was any one hurt? The Master did not ask about the horses.” 199 Confucius was solely concerned about people; their huge numbers did not trouble him. What mattered was the moral caliber of the citizens, which was why he fostered study and envisioned a State where people took the practice of virtue to heart.

The good teacher that he was, Confucius went about transmitting to his students his great love for study. Teachers take upon themselves the task to help develop their students. Nowadays, development refers only to the student's scientific or technical skills, that is, anything that could translate to economic development. For Confucius, however, study should result in moral development. Confucius elucidated this in the following text: “To love benevolence without loving learning is liable to lead to foolishness. To love cleverness without loving learning is liable to lead to straying from the right path. To love trustworthiness in word without loving learning is liable to lead to harmful behavior. To love forthrightness without loving learning is liable to lead to being unrelenting. To love courage without loving learning is liable to lead to insubordination. To love unbending strength without loving learning is liable to lead to indiscipline.”200

Benevolence is a basic element of the moral edifice according to Confucian doctrine. It appears 109 times in The Analects. Benevolence is love for the ethical root that the individual extends to one's family and to society.201 Analyzing the Chinese word for benevolence, one identifies two characters: person and the number two. This means that benevolence is manifested in the relationship between two human beings. Just as the father-son relationship is safeguarded by filial piety, benevolence cements other social relationships.

Confucius zeroes in on benevolence, or humanity, all throughout his book, and discusses them from different angles. “Unbending strength, resoluteness, simplicity and slowness

198 Confucius (2002), Book 10, Nos. 6 and 8 199 Confucius (2002), Book 10, No. 12 200 Confucius (2002), Book 17, No. 8 201 Wu S.L. (2005), p. 183 96 of speech are close to benevolence.”202

The Master explained to another disciple how one can acquire this virtue: “There are five things and whoever is capable of putting them into practice in the Empire is certainly 'benevolent'.... They are respectfulness, tolerance, trustworthiness in word, quickness and generosity. If a man is respectful he will not be treated with insolence. If he is tolerant he will win the multitude. If he is trustworthy in word his fellow men will entrust him with responsibility. If he is quick he will achieve results. If he is generous his fellow men will be willing to do his bidding.”203 Only human beings are capable of making this a goal and advance in the practice of virtue. It makes no sense to try to find such behavior among animals. We can therefore conclude that even today, 26 centuries later, Confucius' viewpoint on benevolence remains a standard for determining whether or not a person can take on tasks of government.

Moreover, Confucius did not have to clarify much to show much the lengths to which filial piety can go. The differences in opinion between Confucius and the governor of She can serve as an example of how humanity or benevolence is distinct from filial piety: “The Governor of She said to Confucius, “In our village we have one Straight Body. When his father stole a sheep, he the son gave evidence against him. Confucius answered, 'In our village those who are straight are quite different. Fathers cover up for their sons, and sons cover up for their fathers. In such behavior is straightness to be found as a matter of course.”204

For Confucius, filial piety is the greatest form of benevolence. The love for one's parents goes further than justice. For the governor, that man fulfilled his duty—he acted as a good man because he testified against his father. For Confucius, on the other hand, the son fulfills his duty by not turning over his father to the authorities. Much later, Mencius was also asked about a similar case and he solved the dilemma in the same way as the Master did.

Confucius' criteria for determining whether or not the moral caliber of a person is superior is not based on the manner with which that person practices the virtues. To quote what he said to one of his disciples, “I would grant that a man is, indeed, schooled who shows deference to men of excellence by putting on the right countenance, who exerts himself to the utmost in the service of his parents and offers his person to the service of his lord, and who, in his dealings with his friends, is trustworthy in what he says, even

202 Confucius (2002), Book 13, No. 27 203 Confucius (2002), Book 17, No. 6 204 Confucius (2002), Book 13, No. 18 97 though he be said to be unschooled.”205

Confucius did not challenge the validity of the political system of his time; all he cared about was to improve it. His primary goal was to prepare the youth to later hold government positions. From there, through their advice and specific tasks, they would encourage the princes of the feudal states to revert to the splendor of the emperors of old, reigning to seek peace, harmony and popular support. Thus, when the Duke of Ai asked him, “What must I do before for the common people will to look up to me?” Confucius answered, “Raise the straight and set them over the crooked and the common people will look up to you. Raise the crooked and set them over the straight and the common people will not look up to you.”206 History has proven that Confucius' proposition can be applied to any political system.

Confucius' teachings address human acts, almost exclusively, seeing how they concern the world--above all, the world of men and how they relate with each other. The Master desired a better world, having witnessed the degeneration of the relationships among the men of his time and those of the centuries before him: war and betrayal became the order of the day, and uncertainty and fear were the rules of the game among the feudal states. He, indeed found that better world—in the distant past. He studied it and discovered its distinctive elements. As a consequence, he proposed as models the exemplary lives of the ancient rulers. If men behaved the same way, then national unity will be restored, as well as harmony among the people. Furthermore, safeguarding these key virtues ought to be the priority of state policies.

The Analects alludes to human freedom, albeit only once. The Master said: “The Three Armies can be deprived of their commander, but there is no way a common man can be deprived of his purpose.”207 With this simple example, Confucius also pointed to the need, the universality, and sovereignty of human freedom.208

Confucius would totally agree with the counsel given in The Classic of Historical Documents: If the leader does not grant freedom to a man or a woman among his people freedom, he compromises himself and produces a kind of hindrance to prosperity in the region.209

205 Confucius (2007), Book 1, No. 7 206 Confucius (2002), Book 2, No. 19 207 Confucius (2002), Book 9, No. 26 208 Confucius (2002), Book 14, No. 37 209 The Classic of Historical Documents (1969), pp. 90-91 98

In fact, he refers to human freedom in just two instances,210 and, very briefly, to the nature of man. Confucius said, “Men are close to one another by nature. They drift apart through behavior that is constantly repeated.”211 This statement is not enough to know for certain whether he thought that human nature was good, bad, or neither. It seems, however, that Confucius undoubtedly accepted that men share a common nature. In the context of his teachings that are aimed for encourage men to acquire virtues, one can surmise that Confucius was close to accepting, at least, the possibility that men share certain goodness, or that human nature is somehow good.

The second reference that Confucius made regarding human nature is rather laconic. “One of his disciples remarked, 'We can listen to the Master's opinions about culture and its manifestations. But he never tells us anything about the nature of man and about Heaven.”212 The reader of The Analects can likewise wonder why the Master kept silent about these two realities.

To Finding the answer to this question can would contribute to this the task of reconstructing the profile of Confucius. The reason for his silence about on the topic question of human nature may be because of due to his humility. Confucius might have felt that he was in the position to speak about human acts, but not about the principles of these acts. He rarely spoke of topicssubjects, such as being and non-being, the essence and the existence of man, the origins of man or his destiny, human freedom, human rights or of the dignity of the human person, simply because he chose not to speak of things that he knew nothing of.

However, within the sphere of action, Confucius is a true Master. One quote from him can throw some light on this enigma: “When there is a preponderance of native substance over acquired refinement, the result will be churlishness. When there is a preponderance of acquired refinement over native substance, the result will be pedantry. Only a well- balanced admixture of the two will results in gentlemanliness.”213

If Confucius does not use the word “nature” to refer to this native substance, it seems valid to establish a relationship between the two. The native substance that is described by Confucius is an aspect that what all men were are born with. A man who only follows his the inclination of his native substance is a rude person, while those who do not acquire or practice virtues are foolish; while those who exaggerate their “culture” while ignoring their native substance cannot be perfect either. The Master said, “Even when

210 Chan, W.T. (1973), p. 28 211 Confucius (2002), Book 17, No. 2 212 Confucius (1989), Book 4, No. 12 213 Confucius (2002), Book 6, No. 18 99 walking in the company of two other men, I am bound to be able to learn from them. The good points of the one I copy; the bad points of the other I correct in myself.”214The Master was aware of the reality of good and of evil but knowing that he was not well equipped to resolve the question, he felt it his duty to leave the topic open to discussion.

Confucius did not refer directly to Heaven but agreed that all the ancients related to it and that these men were convinced about the Mandate as coming from Heaven; therefore, it is the duty of the recipient of such a Mandate to lead a life worthy of it. The Master said, “There is no one who understands me. Tsu-kung said, 'How is it that there is no one who understands you?' The Master said, 'I do not complain against Heaven, nor do I blame Man. In my studies, I start from below and get through to what is up above. If I am understood at all, it is, perhaps, by Heaven.”215 Sima Qian narrates how the Sung minister of war tried to kill Confucius. His disciples urged him to flee, but the Master said, “If Heaven does not intend this culture to be destroyed, then what can the men of Kuang do to me?”216 For Confucius, Heaven is not just an intelligent entity that acts with justice; it also has a will that is independent of men. Heaven entrusted Confucius with a mission, and made sure that the message that Confucius uncovered by studying the lives of the seven king-sages would not be lost. Confucius’ Heaven possesses the two qualities of a human person: intelligence and will. This means that Confucius conforms with the concept of Heaven that is proposed in The Classic of Historical Documents.

Confucius knew that Heaven wanted him to carry out this mission, as seen in this conversation with one of his disciples. “The Master's illness became grave. Zi Lu asked permission to offer a prayer. The Master said, “'Is there such a thing?”' Zi Lu said, “'Yes, there is. The prayer offered is as follows: pray ye thus to the gods above and below.”' The Master said, “ 'In that case, I have long been offering my prayers.”217

According to Wing Tsit Chan, a famous passage from The Analects, that is oft-quoted by agnostic humanists, may shed light on Confucius’ idea of Heaven. “Zi Lu le asked the Master how to serve the spirits. Confucius said: We are not even capable of serving men. How can we serve the spirits?” The same disciple persisted: “May I ask you about death?” Confucius said, “If we know nothing about life, how can we know anything about death?”218 Thus, to say that Confucius denied the existence of Heaven would mean that he also rejected the reality of death. Yet, Heaven for Confucius is a reality that is as

214 Confucius (2002), Book 7, No. 22 215 Confucius (2002), Book 14, No. 35 216 Qian, S. (2007), p. 44 217 Confucius (2002), Book 7, No. 35 218 Confucius (1973), Book 11, No. 12 100 evident as death. It so happens that many centuries later, the Neo-Confucians would assert that Confucius was an atheist.

Confucius however only affirmed that he could not give a definite explanation to these two realities. He limited himself to topics that he was certain of and did not doubt the existence of death--he simply did not know what would happen after one died. One may consider Confucius an agnostic, but his admiration for the Duke of Zhou, as well as his conviction about Divine justice and the possibility of Heaven withdrawing its Mandate can lead us to believe that Confucius believed in the existence of God.

The Master’s most faithful disciple, Mencius, is a credible witness to Confucius’ religiosity. Mencius said, “One reads in The Book of Songs:219“Heaven produced the human race. And when something is produced, it has a reason for being and an adequate end. Men who subject themselves to their universal nature, to their permanent qualities, are attractive because of their virtue.” On this, Confucius commented, “The author of this poem knew the Way; everything has its nature and men are no exception. There are cases where one man is twice, five times or countless times better than another man.”220

Mencius further delves into the Master’s thinking: "There are honours bestowed by Heaven and there are honors bestowed by man. Benevolence, dutifulness, conscientiousness, truthfulness to one's word, unflagging delight in what is good,--these are honors bestowed by Heaven. The position of a Ducal Minister, a Mnister, or a Counsellor is an honor bestowed by man. Men of antiquity bent their efforts towards acquiring honors “Man, every man, has a relationship with Heaven: this is how Heaven wishes to confer a specific mission. It always begins by testing the soul and the intelligence through bitterness of difficulties; it exhausts one's nerves and body through difficult tasks; it makes one suffer hunger, deprivation, misery. As a rule, a man can only rectify his actions after committing errors. Heaven allows the results of man's actions to hinder what he wills to obtain. Thus, as a stimulus to the soul, as one's nature is fortified, one's power intensifies and grows with an energy without which a man would be unable to reach his noble destiny.”221

Finally, Mencius says: “There are honours bestowed by Heaven, and there are honors bestowed by man. Benevolence, dutifulness, conscientiousness, truthfulness to one's word, unflagging delight in what is good,--these are honours bestowed by Heaven. The position of a Ducal Minister, a Minister, or a Counsellor is an honour bestowed by man. Men of antiquity bent their efforts towards acquiring honours bestowed by Heaven, and

219 Book of Songs (1994), No. 260, p. 312 220 Mencius (2003), Book 6, Part A, No. 6, p. 247 221 Mencius (2003), Book 6, Part B, No. 15, p. 285 101 honours bestowed by man followed as a matter of course. Men of today bend their efforts towards acquiring honours bestowed by Heaven in order to win honours bestowed by man, and once the latter is won they discard the former. Such men are deluded to the extreme, and in the end are sure only to perish.”222 According to Mencius and Confucius, one need not be ashamed to face Heaven or men.223

2. The Legacy of Mencius

As we have previously seen, Mencius was the disciple who, not only most closely identified himself with his Master, but also contributed to disseminating his ideas. We know very little of Mencius, save for the work Mencius, a book that he wrote with the help of some of his disciples. The last paragraph of this book states that he was born a century after the death of Confucius.

According to The Classic of Historical Documents of Sima Qian, Mencius was under the tutelage of Zi Si, a disciple and grandson of Confucius. The biographies written during the Ming Dynasty note that Mencius was born in 371 BC and died in 289 BC. He was probably the best philosopher and writer of Ancient China.

Mencius believed that it was his personal responsibility to make the world a better place to live in: “In ancient times Yu controlled the Flood and brought peace to the Empire; the Duke of Zhou subjugated the northern and southern barbarians, drove away the wild animals, and brought security to the people; Confucius completed the Spring and Autumn Annals and struck terror into the hearts of rebellious subjects and undutiful sons.... I, too wish to follow in the footsteps of the three sages in rectifying the hearts of men, laying heresies to rest, opposing extreme action, and banishing excessive views.”224

Sima Qian continues his narration, saying that Mencius lived in a world beset by war, where aggression was a “virtue” and state alliances did not last beyond a single spring time. Mencius made it a point to visit each State, hoping to convert the feudal lords of his time to his ideas about morality and to his political philosophy.

However, the chiefs of those states showed no interest in emulating the virtues of Yao, Shun, Yu the Great, King Tang, King Wen, King Wu and the Duke of Zhou. Mencius proposed the practice of the very same virtues that Confucius recommended centuries before him; and, just like the Master, he was ignored. Around 318 BC, Mencius returned to his birth place, where he devoted his time to teaching and writing his book.

222 Mencius (2003), Book 6, Part A, No. 16, p. 259 223 Mencius (2003), Book 7, Part A, No. 20, p. 293 224 Mencius (2003), Book 3, Part B, No. 9, p. 143 102

It is worth noting that Mencius' discourse is keener, deeper, and more precise than his Master. Fifteen years later, during the Song Dynasty, the Neo-Confucians postulated that Mencius was the most faithful representative of Confucianism. A few years earlier, in 1313, the Emperor ordered that Mencius should form part of the four Classics, thus creating a new set of The Five Classics. From then on, Mencius became an official textbook for all of China. Thousands of young people for succeeding generations studied and memorized Mencius’ ideas.

The book Mencius contains a variety of topics, such as his idea about a government that 格式化: 字型: 非斜體 is rooted in the virtues of its ruler; the development of the theory on the primeval goodness of human nature; the need for man to study and be introspective in order to attain the Way; and his economic and fiscal theories. Among these, two topics stand out: the exemplary character of the king-sages of old and the relationships between family and Sstate.

Mencius’ philosophy likewise agrees with the content of The Five Classics. Reading through Mencius, one observes that he constantly cites The Book of Songs and The Classic of Historical Documents as sources. Mencius often refers to The Classic of Rites and explains why Confucius wrote The Spring and Autumn Annals. However, Mencius never cited The Classic of Change. a. The eExample of Emperor Shun

Emperor Shun’s exemplary life, even if his figure may be the stuff of legend, occupies a prominent place in Mencius. What stands out most in the life of Shun is his filial piety. Mencius wanted to make it clear that Shun’s reverence for his parents was solely on account of their being so--the people who gave him the gift of life— and was not simply an affectionate response to their love and care for him. Here, Mencius gives a detailed description of Shun’s personality:

“Shun was an Eastern barbarian; he was born in Chu Feng, moved to Fu Hsia, and died in Ming T'iao. King Wen was a Western barbarian; he was born in Ch'i Chou and died in Pi Ying. Their native places were over a thousand li apart, and there were a thousand years between them. Yet when they had their way in the Central Kingdoms, their actions matched like two halves of a tally. The standards of the two sages, one earlier and one later, were identical.”225 Despite the huge gap of time and space, Mencius discovered commonalities between Shun and Wen: their ideas about human nature, about the effort required to attain perfection, and that it is a matter of the will to take the first steps

225 Mencius (2003), Book 4, Part B, No. 1, p. 173 103 towards goodness. Shun practiced in the way he treated his father, while Wen did so through the advice that he gave his son.

Mencius therefore affirmed: “Even Yao and Shun were the same as anyone else.”226 He further clarified that anyone could be like Yao and Shun: “Shun was a man; I am also a man.”227 All men of the dark haired race ought to imitate Yao and Shun, as their good example is never outmoded. With this observation, Mencius declared that all men, and not only a handful of elite, could be virtuous.

Mencius said, “The Emperor was about to hand the Empire over to him. But because he was unable to please his parents, Shun was like a man in extreme straits with no home to go back to. Every man wants to be liked by the Gentlemen of the Empire, yet this was not sufficient to deliver him from anxiety; beautiful women are also something every man desires, yet the bestowal of the Emperor's two daughters on Shun as wives was not sufficient to deliver him from anxiety; wealth is something every man wants, yet the wealth of possessing the whole Empire was not sufficient to deliver him from anxiety; rank is something every man wants, yet the supreme rank of Emperor was not sufficient to deliver him from anxiety. None of these things was sufficient to deliver him from anxiety.”228

Apparently, Mencius’ admiration for Shun, led him to propose that all the good things in life are a poor second to being a good son or daughter. The relationship between parents and their children therefore takes on more force because it is constantly purified by the children’s effort to please their parents; thus filial piety is not only a subject that is taught in school. It is a sentiment that is inculcated among the people of the black-haired race that has produced a nation noted for its humanity. There, even the primary criteria for appointing government officials is the way one understands and lives this virtue.

Mencius continues to recall how the family of Shun treated him before he became an emperor: “Shun's parents sent him to repair the barn. Then they removed the ladder and the Blind Man set fire to the barn. They sent Shun to dredge the well, set out after him and blocked up the well over him.”229

This story highlights a dysfunctional father-son relationship. Shun's parents went against what is natural for parents, which is to love their children and desire only what is good for them, to the point of depriving themselves of many good things for their sake. From

226 Mencius (2003), Book 4, Part B, No. 32, p. 191 227 Mencius (2003), Book 4, Part B, No. 28, p. 185 228 Mencius (2003), Book 5, Part A, No. 1, p. 193 229 Mencius (2003), Book 5, Part A, No. 1, p. 195 104 this and other similar situations, Mencius discovered how every creature has a specific nature: it is natural for birds to fly and fish to swim.

Men share a common nature as well, and it is natural for man to love one’s children, and Mencius keenly demonstrates that it is just as natural for children to love their parents in return: He continues the story: “In Shun I have seen an example of a son who, even at the he age of fifty, yearned for his parents.” Mencius believes that love among men begins at home, in the mutual love between parents and children. There is nothing Utopic or artificial - that is, something imposed by the government - to in this. The family is the cradle of love.

Going back to Shun,: “Hsiang (Shun's younger brother) said, '“The credit for plotting against the life of Shun goes to me. The cattle and sheep go to you, father and mother, and the granaries as well. But the spears go to me, and the lute and the ti bow as well. His two wives should also be made to look after my quarters.” Hsiang went into Shun's house and there was Shun was, seated on the bed playing on the lute. Hsiang, in some embarrassment, said, “I was thinking of you.” Shun said, “I am thinking of my subjects. You can help me in the task of government.” I wonder if Shun was unaware of Hsiang's intention to kill him.” Despite this, when Shun was named Emperor, he responded to his brother's malice and hypocrisy by appointing him Prince.230

The story also tells of how Shun's younger brother failed in brotherly love. On this, Mencius said: “What a man is able to do without having to learn it is what he can truly do; what he knows without having to reflect on it is what he truly knows. There are no young children who do not naturally love their parents, and when they grow up will not respect their elder brothers. Loving one's parents is benevolence; respecting one's elders is uprightness. What is left to be done is simply the extension of these to the whole empire.”231

“Hou Chi taught the people how to farm and grow the five kinds of grain. When these ripened, the people multiplied. This is the way of the common people: once they have a full belly and warm clothes on their back they degenerate to the level of animals if they are allowed to lead idle lives, without education and discipline. This gave the sage-king further cause for concern, and so he appointed Hsieh as the Minister of Education whose duty was to teach the people human relationships: love between father and son, duty between ruler and subject, distinction between husband and wife, precedence of the old over the young, and faith between friends. Mencius continued this paragraph making Yao say, as the person in charge of this government function: “Encourage them in their toil,

230 Mencius (2003), Book 5, Part A, No. 2, p. 197 231 Mencius (2003), Book 7, Part A, No. 15, pp. 291-293 105 put them on the right path, aid them and help them, make them happy in their station, and by bountiful acts further relieve them of hardship. The act of sharing one's wealth with others is called benevolence and the act of teaching virtue to men is called uprightness of heart.”232

This is a clear and direct proposal. Mencius favored a benevolent government. In fact, he was the first to use the term “humanist government.” He often combined justice with benevolence, that is, benevolent people are a united people. They act with justice but take into account how each man differs from the next,233 a proposal that arises from making the family a model of the State.

Mencius concludes that the benevolent man bears no grudges or hatred against his brother, and that nothing is more exalted than a son’s reverence for his parents. The Book of Songs relates that Shun constantly thought of how to live filial piety and, being a good son, was an example for all. It is written in The Classic of Historical Documents: Emperor Shun 格式化: 字型: 非斜體 visited his father, Ku Seu, all the time and accorded him sincere affection and deep respect, while his father responded amiably and with submission.234

A disciple, T'ao Ying asked Mencius, “When Shun was Emperor and Kao Yao was the judge, if the Blind Man killed a man, what was to be done?” Mencius replied that the only thing that Kao Yao could have done under such circumstances was to apprehend the criminal. The disciple then asked, “In that case, would Shun not try to stop it?” Mencius answered: “How would Shun stop it? Kao Yao had authority for what he did.” The disciple insisted, “Then what would Shun have done?” Mencius affirmed, “Shun looked upon casting aside the Empire as no more than discarding a worn shoe. He would have secretly carried the old man on his back and fled to the edge of the Sea and lived there happily, never giving a thought to the Empire.” 235

One can be certain that Mencius would condemn any form of injustice, however he also recognized the right–which is an obligation—of a son to protect one's parents. Over and above legal considerations, the recounting of Shun’s story among the men of Mencius’ time—and for the generations to come—was an important reference point for the youth, especially among the Chinese intellectuals who had learned from ancient times that loving one’s parents hads no limits, wais never calculating and expectedts nothing in return.

232 Mencius (2003), Book 3, Part A, No. 4, pp. 111-117 233 Mencius (2003), Book 1, Part A, No. 6, p. 13; Book 4, Part A, No. 10, p. 159 and Book 6, Part A, No. 11, p. 255 234 Mencius (2003), Book 5, Part A, Nos 1-5, p. 203 235 Mencius (2003), Book 7, Part A, No. 35, p. 303 106

Mencius said: “The content of benevolence is the serving of one's parents; the content of dutifulness is obedience to one's elder brothers; the content of wisdom is to understand these two and to hold fast to them.”236 “Shun alone was able to look upon the fact that the Empire, being greatly delighted, was turning to to him, as of no more consequence than trash. When one does not please one's parents, one cannot be a son. Shun did everything that was possible to serve hisparents, and succeeded, in the end, in pleasing the Blind Man. Once the Blind Man was pleased, the Empire was transformed. Once the Blind Man was pleased, the pattern for the relationship between father and son in the Empire was set. This is the supreme achievement of a dutiful son.”237

Obviously, Mencius approved of Shun’s conduct. He presumed that Shun was ready to undergo any kind of sacrifice to help his father, to the point of renouncing all honor that was due his position—which he did. He also generously rewarded his brother, who treated him so badly. Shun was just to all, but had greater love for those who were closest to him and so went an extra mile to grant them their due. Here is another great pillar of Chinese humanism.

Mencius’ time saw a trend of thought that favored universal love and criticized familial love as a cause of conflict among men. As regards this Utopic philosophy, Mencius said: “That things are unequal is part of their nature. Some are worth twice or five times, ten or a hundred times, even a thousand and ten thousand times, more than others. If you reduce them to the same level, it will only bring confusion to the Empire. If a roughly finished shoe sells at the same price as a finely finished one, who would make the latter?”238 Mencius continues, “There are cases where one man is twice, five times or countless times better than another man, and sometimes we find a man who develops himself immeasurably because he can always become better.”239

Mencius said, “Shun had very noble sentiments; for him, virtue was common to all. Whenever anyone told him that he had made a mistke, Shun was delighted. Whenever he heard a fine saying, Yu bowed low before the speaker. The Great Shun was even greater. He was ever ready to fall into line with others, giving up his own ways for theirs, and glad to take from others that by which he could do good.”240

Wan Chan asked Mencius, “Why then did Shun marry without telling his parents?” Mencius answered, “Because he would not have been allowed to marry if he had told

236 Mencius (2003), Book 4, Part A, No. 27, p. 169 237 Mencius (2003), Book 4, Part A, No. 28, pp. 169-171 238 Mencius (2003), Book 3, Part A, No. 4, pp. 119-121 239 Mencius (2003), Book 6, Part A, No. 6, p. 247 240 Mencius (2003), Book 2, Part A, No. 8, p. 75 107 them. A man and woman living together is the most important of human relationships. If he had told his parents, he would have to put aside the most important of human relationships and this would sour relationships with his parents. That is why he did not tell them.”241 This said, one can think that the Chinese value more their grandchildren than their own children.

Confucius’ and Mencius’ teachings on filial piety very well explain why love within the family abounds and pervades in Chinese society, and why it is one of the greatest treasures of the Chinese government and civilization. Even the government issued a law to safeguard this love, which is considered the cornerstone of Chinese humanism, and went to lengths of imposing the harshest punishment on those who did not practice filial piety.

Besides his repeated references to Emperor Shun, Mencius also recounts the good beginnings of the Zhou Dynasty, when the Duke of Zhou helped King Wu punish the evil Zhouxin. He waged war against the Shang until he finally managed to punish its chief by driving Fei into the sea, where he slew him. Wu then annexed the fifty states, drove away the wild beasts and led the Empire into a period of peace. The Classic of Historical Documents says: “Lofty indeed were the plans of King Wen! Great indeed were the achievements of King Wu! Bless us and enlighten us, your descendants, so that we may act correctly and not fall into error.”242 While “the Duke of Zhou sought to combine the achievements of the Three Dynasties and the administrations of the Four Kings.”243

Quoting from The Book of Songs, Mencius says: “It was the barbarians that he (the Duke of Zhou) attacked. It was Qing and Shu that he punished. There was none who dared stand up to me. The Duke of Zhou wanted to punish those who ignored father and prince. I, too, wish to follow in the footsteps of the three sages in rectifying the hearts of men, laying heresies to rest, opposing extreme action, and banishing excessive views. I have no alternative.”244

Mencius then concludes: “The three Dynasties--Xia, Shang and Zhou–obtained the Empire through benevolence and the three lost it through cruelty. This is the truth behind the rise and fall and the survival and collapse of States. An Emperor cannot keep the

241 Mencius (2003), Book 5, Part A, No. 2, p. 195 242 Mencius (2003), Book 3, Part B, No. 9, p. 141 243 Mencius (2003), Book 4, Part B, No. 20, p. 179 244 Mencius (2003), Book 3, Part B, No. 9, p. 143 108

Empire unless he is a benevolent man...To dislike death yet revel in cruelty is no different from drinking beyond your capacity despite your dislike of drunkenness.”245 b. The Family: School of hHumanity

Mencius chronicles the author’s dialogue with King Hui of the State of Liang. “You, Sir,” said the King, “have come all this distance, thinking nothing of a thousand li. You must surely have some way of profiting my state? “Your Majesty,” answered Mencius, “What is the point of mentioning the word 'profit'? All that matters is that there should be benevolence and rightness. If Your Majesty says, 'How can I profit my state?' and the Counsellors say, 'How can I profit my family?' and the Gentlemen and Commoners say, 'How can I profit my person?' then those above and those below will be vying with each other for profit and the state will be imperiled. No benevolent man ever abandons his parents, and no dutiful man ever puts his prince last. Perhaps you will now endorse what I have said, “All that matters is that there should be benevolence and rightness. What is the point of mentioning the word 'profit?'”246

“Through what can the Empire be settled?” asked another King who sought Mencius' advice. He answered, “Through unity.” The King asked, “Who can unite it?” And Mencius said, “One who is not fond of killing can unite it...Now in the Empire amongst the shepherds of men there is not one who is not fond of killing. If there is one who is not, then the people in the Empire will crane their necks to watch for his coming. This being truly the case, the people will turn to him like water flowing downwards with a tremendous force. Who can stop it?”247

Mencius proceeds to recall the good example given by the ancient kings and quotes from The Book of Songs:“King Wen was exemplary in his conduct with his mother, his wife and was also exemplary in dealing with his brothers: he was affectionate at home and solemn in the temple. He governed his family and the State in this manner.”248 The men of old were more superior to those of our days and all they did was to act in accordance with the Natural order. They cultivated humanist sentiments and applied these to their behavior. Unity is built on peace and men who love their parents and siblings generate peace.

Mencius continued addressing the King: “Treat the aged of your own family in a manner befitting their venerable age and extend this treatment to the aged of other families; treat

245 Mencius (2003), Book 4, Part A, No. 3, p. 153 246 Mencius (2003), Book 1, Part A, No. 1, p. 3 247 Mencius (2003), Book 1, Part A, No. 6, p. 13 248 El Libro de la Poesía (1994), No. 240, pp. 273 109 your own young in a manner befitting their tender age and extend this to the young of other families, and you can roll the empire on your palm.”249 Mencius cited a common expression: “The empire, the state, the family. The empire has its basis in the state, the state in the family, and the family in one's own self. It is not difficult to govern. All one has to do is not to offend the noble families.250

Filial piety at home and benevolence in the state’s actions are two central and complimentary ideas in the discourse of Mencius. He opines that lawmakers can impose unjust laws, which is why he condemns such acts. Just like Confucius, Mencius maintains that in governing “There are two ways and two only: benevolence and cruelty.”251

It is the government's duty to do good, so Mencius said, “Should someone say to you, “I am strong enough to lift a hundred chin but not a feather; I have eyes that can see the tip of a new down but not a cartload of firewood,' would you accept the truth of such a statement? “No,” the King replied. “Then,” continued Mencius, “Why should it be different in your case? Your bounty is sufficient to reach the animals, yet the benefits of your government fail to reach the people. That a feather is not lifted is because one fails to make the effort; that a cartload of firewood is not seen is beause one fails to use one's sight. Similarly, that the people have not been tended is because you fail to practice kindness. Hence your failure to become a true King is due to a refusal to act, not to an inability to act.”252

Being aware of the power of the State, Mencius’ social and political philosophy includes the duty of the State to actively promote the common good. His ideas oppose those of other schools of thought and ideologies that preach moral relativism. For Mencius, state intervention in the affairs of men is rooted in and founded upon humanism, benevolence and justice. We can further suppose that his idea of State intervention in no way endorses man’s impulsive actions, but rather puts human reason into play.

“Exercise due care over the education provided by village schools, and reinforce this by teaching them the duties proper to sons and younger brothers, and those who heads have turned hoary will not be carrying loads on the road....If your government, O King, is human and does good to the people, then the young and the strong during their rest period

249 Mencius (2003), Book 1, Part A, No. 7, p. 19 250 Mencius (2003), Book 4, Part A, Nos. 5-6, p. 155 251 Mencius (2003), Book 4, Part A, No. 2, pp. 151-153 252 Mencius (2003), Book 1, Part A, No. 7, p. 17 110 will cultivate filial piety, deference towards their elder brothers, uprightness and sincerity. That is why I say he who is human has no enemies.”253

“It is by weighing a thing that its weight can be known and by measuring it that its length can be ascertained. It is so with all things, but particularly so with the heart. Your Majesty should measure his own heart.”254 Thus, for Mencius, when it comes to making decisions, the just mean surfaces when considering how one should treat one’s son, brother or father; other modes of governance can only lead to resentment and rebellion.

Mencius continues, “Now if you should practice benevolence in the government of our state, then all those in the Empire who seek office would wish to find a place at your court, all tillers of land to till the land in outlying parts of your realm, all merchants to enjoy the refuge of your market place, all travellers to go by way of your roads, and all those who hate their rulers to lay their complaints before you. This being so, who can stop you from becoming a true King?”255

On the sense of honor in family and in public life, Mencius says, “When a man is born his parents wish that he may find a wife some day, and when a woman is born, her parents wish that one day she may find herself a husband. Every father, every mother, harbors this sentiment. If the young couple break a hole through the walls (that separate them) and so be united intimately before they marry, the father, the mother and their neighbors will condemn their behavior. All of the people of ancient times, without doubt, always aspired for public office; but they detested not following the straight way, that is, by obtaining them through unworthy means. Those who do not follow the straight way are of the same class as those who breach the walls.”256

“There was a man from Song who pulled at his seedlings because he was Mencius furthers that one must be patient in life. and make use of one's intelligence as well as know how to value the voice of experience. Things follow their own course; and even if a soul must not forget its duties, it should not go around rushing to fulfill them. One should not be like that government official of the Song State: worried about their failure to grow. Having done so, he went on his way home, not realizing what he had done. 'I am worn out today,' said he to his family. 'I have been helping the seedlings to grow.' His sons rushed out to take a look and there the seedlings were, all shriveled up. There are few in the world who can resist the urge to help their seedlings grow.”257

253 Mencius (2003), Book 1, Part A, No. 3, pp. 7-9 254 Mencius (2003), Book 1, Part A, No. 7, pp. 19-21 255 Mencius (2003), Book 1, Part A, No. 7, p. 23 256 Mencius (2003), Book 3, Part B, No. 3, pp.129-131 257 Mencius (2003), Book 2, Part A, No. 2, p. 63 111

From these two examples, one can deduce that Mencius wanted to tell young people that time, patience and effort are needed to get ahead in society, to be in good financial standing or to win the love of a woman. Moreover, it is a way that demands honor, purity and orderliness. One should learn to work and live observing a hierarchy of values. All these realities in life, no matter how good they are, should be achieved following the ethical and moral norms; be in accordance with reason, and not passion; with balance and not force; and with justice and not crafty avarice.

The phenomenon of corruption sometimes boils down to a twisted desire for wealth, honor, power or pleasure, refusing to gain them through long and honest work. In other cases, such a desire arises when such a position of privilege is beyond one's reach unless one resorts to evil means. Thus, for Mencius, man's attitude in life should come from an inner--that is, free—decision to conduct one's self in accordance with a natural law that all men share--a law that guides them to goodness, truth and beauty.

Mencius was known to always speak bravely, regardless of the power or position of his audience. Take the case of King Xuan de Qi: “Suppose a subject of Your Majesty's, having entrusted his wife and children to the care of a friend, were to go on a trip to Ch'u, only to find, upon his return, that his friend had allowed his wife and children to suffer cold and hunger, then what should he do about it? 'Break with his friend.' If the Marshal of the Guards was unable to keep his guards in order, then what should be done about it? 'Remove him from office.' If the whole realm within the four borders was ill-governed, then what should be done about it? The King turned to his attendants and changed the subject.”258

Whether or not he was required to speak, Mencius always called the attention of the kings to strive to be men of virtue: “For a cruel man to be in high position is for him to disseminate his wickedness among the people. When those above have no principles and those below have no laws, when countries have no faith in the Way and draftsmen have no faith in measures, when gentlemen offend against what is right and common people risk punishment, then it is good fortune indeed if a state survives.”259

When Rey Xuan admitted to Mencius his weakness for women, the sage advised, “In antiquity, Duke Tan Fu (1325 BC) adored his wife, and the Book of Songs reads:

Ku Kung Tan Fu Early in the morning galloped on his horse Along the banks of the river in the West Till he came to the foot of Mount Qi.

258 Mencius (2003), Book 1, Part B, No. 6, p. 41 259 Mencius (2003), Book 4, Part A, No. 1, pp. 149-151 112

He brought with him the Lady Chiang, Looking for a suitable abode.260

Mencius continued, “At that time, there were neither girls pining for a husband nor men without a wife. You may be fond of women, but what is it to you so as long as you, (just as in the times of Tan Fu) have it that all people be not deprived of the pleasures of matrimony, and so you will not find it hard to govern.”261 Mencius' proposal for rulers is even bolder and much akin to the Christian attitude of loving one's enemies: “If others do not respond to your love with love, look into your own benevolence; if others do not respond to your attempts to govern them with order, look into your own wisdom; if others do not return your courtesy, look into your own respect. In other words, look into yourself whenever you fail to achieve your purpose.”262 c. Human Nature

Benevolence is an extension of the primary sense of filial piety, of that special love that a child receives from its parents. Prince Tien asked Mencius, “What is the business of a Gentleman?' 'To set his mind on high principles.' What do you mean by this? 'To be moral That is all. It is contrary to benevolence to kill one innocent man; it is contrary to rightness to take what one is not entitled to. Where is one's dwelling? In benevolence. Where is one's road? In rightness. To dwell in benevolence and to follow rightness constitute the sum total of the business of a great man.”263

Mencius' thinking is much alike that of the West's classical doctrine on the natural law, which affirms that man has a limited capacity to legally establish and regulate the rights of his fellow men because there are realities that can not be considered neutral in the face of justice. For instance, it is illogical to think that respecting or taking the life of an innocent being is “indifferent” as far as justice is concerned. Natural law is understood as that whose reason for existence is not by the will of man but by the very nature of man.264 Mencius affirms that there exists in every man a natural desire to respect other men. To deepen and make these desires effective leads man to be more just and therefore overflow with benevolence.265

To quote Mencius, “Benevolence is the heart of man, and rightness his road. Sad it is indeed when a man gives up the right road instead of following it and allows his heart to stray without enough sense to go after it. When his chicken and dogs stray, he has sense

260 El Libro de la Poesía (1994), No. 237, p. 267 261 Mencius (2003), Book 1, Part B, No. 5, p. 39 262 Mencius (2003), Book 4, Part A, No. 4, p. 153 263 Mencius (2003), Book 7, Part A, No. 33, p. 301 264 Hervada, J. (2008), pp. 88-90 265 Mencius (2003), Book 7, Part B, No. 31, p. 323 113 enough to go after them, but not when what strays is his heart. The sole concern of learning is to go after this strayed heart. That is all.”266

Mencius points to an ancient tradition to demonstrate that all men have in them the same sentiments. “Presumably there must have been cases in ancient times of people not burying their parents. When the parents died, they were thrown in the gullies. Then one day the sons passed the place and there lay the bodies, eaten by foxes and sucked by flies. A sweat broke out on their brows, and they could not bear to look. The sweating was not put on there for others to see. It was an outward expression of their innermost heart. They went home for baskets and spades. If it was truly right for them to bury the remains of their parents, then it must also be right for all dutiful sons and benevolent men to do likewise.” 267 And the disciple he addressed understood his point.

To further prove that human nature is good, Mencius affirms that no man is indifferent to the suffering of others. He again drives home this point through an example: “Suppose a man were all of a sudden, to see a young child on the verge of falling into a well. He would certainly be moved to compassion, not because he wanted to get in the good graces of the parents nor because he wished to win the praise of his fellow villagers or friends, nor yet because he disliked the cry of the child. From this it can be seen that whoever is devoid of the heart of compassion is not human.”268

Another characteristic of man that Mencius indicates is the slight “difference between man and the brutes. The common man loses this distinguishing feature, while the gentlemen retains it. Shun understood the way of things and had a keen insight into human relationships. He followed the path of morality. He did not just put morality into practice.”269 Mencius considered man's life on earth as a pilgrimage. Man is a pilgrim who must tread a certain path to reach his destiny. Mencius likewise affirms that human nature is good: “As far as what is genuinely in him is concerned, a man is capable of becoming good. That is what I mean by good. As for his becoming bad, that is not the fault of his native endowment.”270 By this, Mencius affirms that freedom is a common characteristic of men. Each man has a innate desire to do good, however that very same nature allows him to be led to do evil.

Moreover, Mencius declares that man is naturally inclined to live in a family and in society. “For every man there are things he cannot bear. To extend this to what he can bear is benevolence. For every man there are things he is not willing to do. To extend this

266 Mencius (2003), Book 6, Part A, No. 11, p. 255 267 Mencius (2003), Book 3, Part A, No. 5, p. 123 268 Mencius (2003), Book 2, Part A, No. 6, p. 73 269 Mencius (2003), Book 4, Part B, No. 19, p. 179 270 Mencius (2003), Book 6, Part A, No. 6, pp. 247-249 114 to what he is willing to do is rightness. If a man can extend to the full his natural aversion to harming others, then there will be an over-abundance of benevolence.... A benevolent man extends his love from those he loves to those he does not love. A ruthless man extends his ruthlessness from those he does not love to those he loves.”271

When speaking of human nature, Mencius observes common interior sentiments among men: The heart of compassion is possessed by all men alike; likewise the heart of shame, the heart of respect, and heart of right and wrong. The heart of compassion pertains to benelovence, the heart of shame to dutifulness, the heart of respect to the observance of the rites and the heart of right and wrong to wisdom. Mencius affirms that men do not acquire these virtues externally but rather exist originally in every human heart. If one seeks goodness, justice, uprightness, one will find it; but if one neglects this task, then one will lose them. There are cases where one man is twice, five times, or countless times better than another man but this is only because men fail in their potential to do what is best, according to their nature.272

Mencius now cites the Master: “Confucius said the influence of virtue spreads faster than setting up posting stations for orders to be transmitted.”273 In classical Western thought, this observation may be summarized in a similar way—that goodness, as well as good example, tends to spread out.

Nowadays, the prevailing idea among developed nations is that any leader cannot be truly good. Moral and intellectual relativism has held firm footing in the halls of power and it is normally upheld that today's victories and milestones are mostly due to this attitude. Still, humanism can never be out of fashion, unless man himself would mutate into something else; in which case, humanism would lose its reason for being.

According to Mencius, indifference has no place in a governance: “Confucius said, 'There are two ways and two only: benevolence and cruelty.”274 And he laments, “When the path of morality is blocked, then we show animals the way to devour men, and sooner or later it will come to men devouring men.”275

Like Confucius, Mencius believed that the unity of the Empire could only happen through peaceful means. A just kind of peace can only be achieved through dialogue and respect for the ideas of others. In China’s reunification, time and history reveal that the empire successfully ended 800 years of fratricidal wars only when the leadership ceased

271 Mencius (2003), Book 7, Part B, Nos. 1 p. 311 272 Mencius (2003), Book 6, Part A, No. 6, p. 247 273 Mencius (2003), Book 2, Part A, No. 1, p. 57 274 Mencius (2003), Book 4, Part A, No. 2, p. 153 275 Mencius (2003), Book 3, Part B, No. 9, p. 143 115 to be hereditary and the states led by a centralized government with just one army under its helm.

Still, Mencius' ideas did not sit well with the realities of his time. The more powerful States, the Seven Great Powers--Qi, Chu, Yan, Han, Zhao, Wei and Qin—were almost always at war with each other. In some extreme cases, the cities where their armies forcibly set up camp drove the people to eat their own children. The feudal wars continued some 60 years more. Historical records chronicle 125 wars during this period of Warring States (475-221 BC). In the end, contrary to what Mencius proposed, one State imposed itself on the rest and established a centralized Empire.

Unity was achieved at a very costly price--through the ultimate form of violence that capped centuries of aggression. Nonetheless, the majority of the emperors of the succeeding dynasties upheld the ideas of Mencius and Confucius, aware that they were two significant guides in keeping that much sought after unity, peace, harmony and stability.

The following centuries were to see the virtues and example of the king-sages as celebrated in The Book of Songs and in The Classic of Historical Documents, the horrors of war as narrated in The Spring and Autumn Annals, and the formulas and ceremonies in The Classic of Rites become the official textbooks in all the corners of the Empire.

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Chapter III Taoism

1. Lao-Tzu

In Chinese, only two words equate to the term “Taoism.”276 The first is Dao Jia, which refers to the school of thought of the two Masters, Lao-Tzu (571-471 BC) and Chuang- Tzu (369-286 BC). The second is Dao Jiao, which is the religion founded by Zhang Daoling during the reign of Emperor Shun Di of the Han Dynasty (126-144 AD). Since then, monasteries and convents were erected and Taoist ceremonies and rites, established. Even if these two thoughts share some doctrines, they are differentiated in Chinese history, as they came to light some 400 years apart.277 In this chapter, we shall refer to the Taoist philosophy of Lao-Tzu and Chuang Tzu, who belong to the Golden Period of Oriental thought (550-250 BC).

For the benefit of the Western reader, each Master left a literary legacy in a way that he can only be identified with his particular work. Lao-Tzu is the author of the rather short work, Dao De Jing, while the Book of Chuang Tzu bears the name of the master himself. Scholars differ as to when the Dao De Jing, the first classical Taoist book, was written. Some experts opine that Lao-Tzu was a contemporary of Confucius, even if he was a bit older than the Master. Others maintain that Lao-Tzu wrote his book after the times of Confucius.

For the first group of scholars, Aan important source of the first set of opinions was Chuang Tzu, who cites Lao-Tzu and Confucius among his many fables, parables and dialogues. Chuang Tzu himself claimed that Confucius was but a mere disciple of the great Master Lao-Tzu. As for the second set of opinions, it is certainly relevant The second group maintained that Mencius, who exhaustively studied everything about his Master, made no mention of Lao-Tzu. Thus, for now, we can only conclude that Lao-Tzu lived before Chuang Tzu.

Among the eExcavations conducted done in December 1973 in Mawangdui, in the province of Hunan province, yielded a collection of silk books was discovered: two copies of Dao De Jing written between 220 and 200 BC. Until then, the oldest known copy of this work was a stone engraving dated 7 AD. These two versions of the book of

276 Tao or Dao and Taoism or Daoism mean the same thing. 277 Bishop, D. (1985), p. 32 118

Lao-Tzu basically coincide with the versions that weare already known..278 These “small” discoveries are valuable in the sense that they back up the historicity of the Classic Books that several intellectuals of the 20th century have challenged.

Dao De Jing is composed of 81 chapters, the major part of which consists of a very short paragraph. The book totals no more than 5000 words. Therein lies the entirety of Taoism. As people commonly put it, “the shorter, the better.” Chapters 1 to 37 make up the Dao Jing, or The Classic of the Way; while Chapters 38 to 81 constitute The Classic of the Virtues (De Jing). The complete title for both works is Dao De Jing, or The Classic of the Way and Virtue. We start with The Classic of the Virtues to appreciate and better understand the genius of Lao-Tzu and his work.

Just like Confucius, Lao-Tzu considered virtue as the object and end of knowledge. One does not learn simply for the sake of learning, but to learn how to be good. What's more, the goodness of man is seen when he works for the benefit of others. Such is the Way that leads to Heaven. The last chapter of the book reads:

“Truthful words are not beautiful; beautiful words are not truthful. He who knows has no wide learning; he who has wide learning does not know. He who is good does not have much; he who has much is not good. The sage has no hoard. Having bestowed all he has on others, he has yet more; having given all he has to others, he is richer still. The way to heaven benefits and does not harm; the way of sageis bountiful and does not contend.”279

For both philosophers, knowledge goes beyond simply “knowing,” to knowing the way that leads to virtue; it is about “knowing how” to act. The discourse of Chinese thinkers, at least before the radical changes effected by Buddhism, is instrumental in nature—that is, it is always and above all action-oriented. 280 Has Chinese culture inherited the Masters' interest in the “how,” “where,” and “when” of things, or is relating reason directly with action simply integral to this culture? For Confucius, action must be guided by virtue, while Lao-Tzu affirms that action ought to be guided by the Tao (Dao). Still, both agree that the way to Heaven is one bereft of quarrels and contentions.

278 Preciado, I. (1998), pp. 38-39 279 Lao-Tzu (2006), Chap. 81 280 Cheng, A. (2006), pp. 33-34 119

On one side Confucius affirmed that study, experience, research and acknowledging the different social relationships precede action. On the other side, action for Lao-Tzu consists firstly of meditation, quietness, calm, simplicity and identification with Nature. Ó r, better said, it is a call to a sort of non-action that does not mean passivity but doing only what is right, necessary and just:

“It is easy to maintain a situation while it is still secure; It is easy to deal with a situation before symptoms develop; It is easy to break a thing when it is yet brittle; It is easy to disperse a thing while it is yet minute. Deal with a thing while it is still nothing; Keep a thing in order before disorder sets in. A tree than can fill a man's embrace Grows from a downy tip; A terrace nine storeys high rises from hodfuls of earth; A height of a thousand yards Starts from underneath one's feet.”281

Lao Tzu proposal is to respect Nature and to interfere with her ways in the least possible manner. Confucius, for his part, highlights the need to care for the tres growth and the preservation of the forests. The forests wll provide us with timber to buid the towes and the boats…Lao-Tzu is more concerned about planting a seed, laying a brick stone and taking the first step to one's destination. In this, Lao-Tzu upholds freedom and independence; non-interference with the nature of things, or at least with the nature of man, which he puts on the same level as the nature of earth and of heaven:

“Now the more taboos there are in the empire, the poorer are the people. The more prominent the laws and edicts, the more thieves and robbers there are... In the past, all the peope were equitable though no one so decreed.282

This Taoist stand may be applied to the individual person as well as to the family and the State. Just as a person needs to enjoy ample freedom and independence within the family, the family seeks to experience that same freedom within the State. Lao-Tzu does not advocate any form of government; rather, he suggests that government should limit its intrusion in the lives of individuals and of families:

“Hence in the words of the sage, I take no action And the people are transformed of themselves

281 Lao-Tzu (2006), Chap. 64 282 Lao-Tzu (2006), Chap. 57 and 32 120

I take no action And the people are transformed of themselves; I am not meddlesome And the people are rich of themselves... The best of all rulers is but a shadowy presence to his subjects.”283

Lao-Tzu's main idea, the foundation of his thought, goes this way:

“There is a thing confusedly formed, born before heaven and earth. Silent and void, it stands alone and does not change, Goes round and does not weary. It is capable of being the mother of heaven and earth. I know not its name, so I style it 'the way.' I give it the makeshift name of 'great.' Being great, it is described as receding, Receding it is described as far way, being far away, it is described as turning back.”284

Lao-Tzu identifies the Tao -the great Way- with chaos, a thing confussedly formed. It is a way that goes in unending circles, that is, no matter how much it moves, it returns to the same place. In other words, the universe is born of chaos and returns to chaos. Lao-Tzu ends this chapter with the following words:

“The way is great; earth is great, and the king is great. Within the realms there are four greats and the king counts as one. Man models himself on earth, Earth on eaven, Heaven on the way, And the way on that which is naturally so.”

The Tao is not found in what is material. Lao-Tzu therefore opens a way to man as an spiritual being: What is Tao? ‘As a thing the way is shadowy and indistinct. Indistinct and shadowy, yet within it is an image; Shadowy and indistinct, yet within it is a substance. Dim and dark, yet within it is an essence. This essence is quite genuine, And within it is something that can be tested. From the present back to antiquity, its name never deserted it. It serves as a means for inspeicting the fathers of the multitude. How do I know that the fathers of the multitude are like that? By means of this.”285

283 Lao-Tzu (2006), Chap. 57 and 17 284 Lao-Tzu (2006), Chap. 25, No.56 285 Lao-Tzu (2006), Chap. 21 121

And elsewhere, to reaffirm the Tao is imnmaterial, Lao Tzu continues with his description of the Tao:

“Look at it and you do not see it, this you call minute; Listen to it and you do not hear it, this you call rarefield; Feel for it and you do not get hold of it, this you call intangible... Follow behind it and you will not see its rear; Go up to it and you will not see its head.”286

Lao-Tzu's philosophy has left a deep mark ion Chinese culture to this very day. Perhaps there is no other way to sum this up than refering to another wise saying of his, which extols the proverbial patience of the Chinese people. One can only reach the Tao with the patience of a drop of water:

“In the world there is nothing more submissive and weaker than water. Yet for attacking that which is unyielding and strong nothing can take precedence over it. This is because there is nothing that can take its place. The weak overcomes the unbending, And the submissive overcomes the strong, This everyone in the world knows yet no one can put into practice.”287

It is only through this virtue that each man reaches the end of the Way ahead of him. Everything is much aligned with Confucius' teachings, yet it is ironic that these two great Chinese thinkers can also be so opposed to each other. Virtue for Confucius lies in order, social relationships, the family, the hierarchy and in the rites, while virtue for Lao-Tzu lies in communing with Nature, one's own thoughts, and in solitude. This is why Lao-Tzu equates the Dao with the Way.

‘My words are very easy to understand and very easy to put into practice, Yet no one in the world can understand them or put them into practice. Words have an ancestor and affairs have a sovereign. It is because people are ignorant that they fail to understand me. Those who understand me are few; Those who imítate me are honored. Therefore the sage, while clad in homespun, conceals on his person a priceless piece of jade.’288

286 Lao-Tzu (2006), Chap. 14 287 Lao-Tzu (2006), Chap. 78 288 Lao-Tzu (2006), Chap. 70 122

The Way of Lao-Tzu was difficult to follow, in his world as well as in the world we live in today. He describes his ideal society in the second to the last chapter of his book, close to the end of the said chapter; and just as it is difficult to follow his thinking from the start, he ends with a model that is hard to emulate:

Oh a small village with few people Even if they had discovered machines to be efficient The people ignore them; they have no use for them They refuse in their minds and abstain from moving to far-off lands Even if they possess boats and carriages, arms and armors. They need not use or show them Return to the system of cords and knots to communicate! Be content with frugal meals and simple vestments; With a modest home and a life free of complications Even if another neighboring village Is so near each and within viewing distance So near that their chickens could be heard cackling And their dogs barking They can listen to each other yet not converse all through their lives The two villages have nothing in common.

Obviously, the social ideals of Confucius and Lao-Tzu are miles apart. Confucius is the realist: it is clear to him that man is a social being and that the family is the way by which man is introduced to society. The State is modeled on the family and the means by which one could return to the good practices of ancient times. Lao-Tzu, on the other hand, proposes a simple life, without science or technology or social organization. It is a life of communion with Nature. Looking back to the “good old days,” instead of appreciating the grandeur of the Shang and the Zhou, Lao-Tzu limits himself to saying, “Of old those who practiced the way did not use it to enlighten the people but to hoodwink them. Now the reason why the people are difficult to govern is that they are too clever.”289

It is therefore not surprising that Lao-Tzu's ideal government consists of small clusters of families that are oblivious of their neighboring villages, as they hardly deal with them:

“The best of all rulers is but a shadowy presence to his subjects. Next comes the ruler they love and praise; Next comes one they fear;

289 Lao-Tzu (2006), Chap. 65 123

Last comes one they treat with impertinence.290

Lao-Tzu is however not an anarchist. The history of China has little or no tradition of anarchy. Theirs is a society of small villages, each made up of a clan that observes a certain order and hierarchy, and which do not deal with or bother each other.

As a lover of Nature, Lao-Tzu proposes a state machinery that imposes itself on the people to the minimum, as there is hardly anything to minister to. Neither does it need armies, an educational system, or judges. To quote the Master, “The further one goes, the less one knows. Hence the sage knows without having to stir. At another moment he says, The teaching that uses no words, the benefit of taking no action, these are beyond the understanding of all but a very few in the world.”291

His doctrine of “non-action” requires further clarification. Lao-Tzu does not recommend absolute passivity but a non-interference with the natural course of things and events. Taoist doctrine is an affirmation of spontaneity and of going with the flow of events, without forcing anything.292

The wise man in the Taoist tradition can therefore get to know the Tao but never completely understand it, for the Tao is a bottomless abyss. Apparently, the Tao cannot be applied to daily living. Still, Lao-Tzu explains how the Tao comes into play when dealing with mundane concerns:

“Govern the state by being straightforward; wage war by being crafty; but win the empire by not being meddlesome. How do I know that it is like that? By means of this. Now the more taboos there are in the empire The poorer the people; The more keen instruments the people have The more benighted the state; The more knowledge men have The futher novelties multiply; The more prominent the laws The more thieves and bandits there are. Hence in the words of the sage, I take no action And the people are transformed of themselves;

290 Lao-Tzu (2006), Chap. 17 291 Lao-Tzu (2006), Chap. 49, 43 and 47 292 Preciado, I. (1998), pp. 79-82 124

I prefer stillness And the people are rectified of themselves; I am not meddlesome And the people are rich of themselves; I desire not to desire And the people become like the uncarved block of themselves.”293

Lao-Tzu and Confucius differ in their notions of justice but both agree that it is a capital virtue.

For Lao-Tzu the practice of the virtues is a human necessity. In the chapter entitled “The Three Treasures,” he lists a set of priorities: mercy, frugality or sobriety and, lastly, humility:

“Now to forsake my compassion for courage, to forsake my frugality for expansion, to give up my position in the rear for the lead, is sure to end in death. Through compassion, I can triumph in war and be impregnable in defense. When heaven sets up something, it keeps it, as it were, behind ramparts of compassion.”294

As the background against which man's life transpires changes, the relative importance of the virtues change as well. Nevertheless, humility is the core of Lao-Tzu's philosophy:

“Hence it is necessarily the case that the noble has as its root the humble and the high has as its foundation the low. Thus the highest renown is without renown. Hence wishing not to be one among many like jade, Nor to be aloof like stone.”295

While this chapter seems to allude only to the exterior manifestation of humility, Lao- Tzu's thinking goes deeper into the heart of the human person. Another chapter of his book emphasizes the need to be humble by comparing the physical qualities of the living and the dead.

“A man is supple and weak when alive, but hard and stiff when dead. The myriad creatures and grass and trees are pliant and fragile when alive, but dried and shrivelled when dead. Thus it is said, the hard and the strong are the comrades of death;

293 Lao-Tzu (2006), Chap. 57 294 Lao-Tzu (2006), Chap. 67 295 Lao-Tzu (2006), Chap. 39 125 the supple and the weak are the comrades of life. Hence a weapon that is strong will not vanquish; A tree that is strong will come to its end; Thus the strong and big takes the lower position; The supple and weak takes the upper position.”296

Lao-Tzu and Confucius pursue virtue: the former's idea of mercy and generosity correspond to the latter's idea of benevolence. Both philosophers are moved by the desire to see a better society and that man comes to be a model of virtue. They likewise refer to Heaven and the Tao—the Way.Both also were born during a period of war and so sincerely sought peace, harmony and unity. They differ however in how one can achieve this ideal. In what seems to be a ironic comment on Confucius' ideal, Lao-Tzu says:

“Hence when the way was lost there was virtue; when virtue was lost there was benevolence; when benevolence was lost there was rectitude; when rectitude was lost there were the rites.”297

A possible interpretation of the aforementioned quote is that Lao-Tzu considered only first impressions as valid. Wisdom is about reaching the Tao, always and only through Virtue, but Confucius was mistaken in “complicating” reality in a labyrinth that has no way out. But to disperse any doubts that the road to the Way is not an easy one, Lao-Tzu wrote:

“Music and food, For them the wayfarer stops. Hence the way, in coming out with words, says, Insipid, it has no flavor There is not enough of it, when looked at, to be visible, Nor is there enough of it, when listened to, to be audible. Yet use cannot exhaust it.”298

He continues his critique with:

“Thus when the great way falls into disuse There are benevolence and rectitude; When cleverness emerges There is great hypocrisy;

296 Lao-Tzu (2006), Chap. 76 297 Lao-Tzu (2006), Chap. 38 298 Lao-Tzu (2006), Chap. 35 126

When the six relations are at variance There are the filial; When the state is benighted There are true subjects.”299

There exists no substantial proof, but this chapter seems to suggest that Lao-Tzu is refering to Confucius' disciples, who, he claims, only took on the “form” of their Master but without capturing the depth of his teachings. Was he addressing them or Confucius himself? How could this be possible when he was born ahead of them?

According to Lao Tzu, every human person ought to decide to live with naturalness and simplicity--to “allow one's self to be led by one's nature,” without resisting it or inventing other “intellectual or rational” ways that may be in conflict with it. Lao Tzu seems to rule out intellectual activity as a fundamental part of being human, that true knowledge, science, technology, cultural and art do not oppose human nature per se.

Further, Lao Tzu argued that the virtues Confucius taught did not bring peace to the State and that men had to rely on the State to better themselves. One only expected the State to impose itself for its own benefit, at any expense. In the struggle for hegemony, “personalities” or the reason behind the conflicts among the neighboring States did not matter; the only thing that counted was to defeat them. Lao Tzu shared in the suffering of his period and proposed a Way out of this predicament.

Confucius, on the other hand, tried to take steps in uniting his splintered nation where the emperor was just one among hundreds, if not thousands, of war lords. Had an emperor and his ministers risen to power because of their virtues and achieved peace and harmony among the States, Lao Tzu and Chuang Tzu, would have acquiesed to the beauty of Confucius' moral doctrine. However, under the present circumstances, they could only critize and label it as the root of all evil.

As an epilogue to this chapter, the beginning of the next chapter shows the philosophical strategy of Lao Tzu and, behind it, the illusion of a rather basic, primitive kind of kingdom. 300 “Do that which consists in taking no action; pursue that which is not meddlesome; savour that which has no flavour. Make the small big and the few many; do good to him who has done you an injury.”301 Exalting gentleness is a constant in Lao Tzu. It seems a paradox that one triumphs when one he gives in, and that only gentleness can

299 Lao-Tzu (2006), Chap. 18 300 Wu S.L. (2005), p. 220 301 Lao Tzu (2006), Chap. 58 127 overcome harshness and force.

For Confucius, the task of governance consists in preparing the virtuous leader in a way that he governs for the people's benefit, while Lao Tzu believes that the leader should disappear, provide only the necessary, minimal sense of governance and never offend the sensibilities of his people or, worse, deprive them of their freedom; a leader does good to his people by not bothering them. “By his very nature, Lao Tzu could not consolidate a strong political force; he proposes an alternative to Confucius, one that that lies within man, leaving the territory of practical action in the hands of the Confucians.”302

Confucius and Lao Tzu are very different but , more than being not in conflict;, their ideas complement each other. The former is concerned about society, ethics and study, while the latter focuses on the private, the natural and the spontaneous. Confucius organizes; Lao Tzu reflects. Confucius positions men within a hierarchy of relationships, while Lao Tzu puts men on equal footing. Confucius is interested in politics and the human relationships among citizens; Lao Tzu is concerned about man's way in the Universe and the meaning of life. One may then sum up China's history in this manner-- Confucianism makes for articulates its official doctrine and while Taoism is the philosophy of its people.303

2. Chuang Tzu

Chuang Tzu (369-286 AD) is the second great ancient Taoist master. One may say that Chuang Tzu is to Lao Tzu as Mencius is to Confucius. He was the most faithful and most intelligent disciple, follower and propagator of the Master's doctrine. In one of the fables that abound in his work, The Book of Chuang Tzu, where the author is the protagonist, Chuang Tzu shows the indifference that Lao Tzu had for government tasks and positions:

“Chuang Tzu was one day fishing in the Pu river when the King of Chu dispatched two senior officials to visit him with a message. The message said, 'I would like you to administer my lands.'

Chuang Tzu kept a firm grip on his fishing rod and said, 'I hear that in Chu there is a sacred tortoise which died three thousand years ago. The King keeps this in his ancestral temple, wrapped and enclosed. Tell me, would this tortoise have wanted to die and his shell to be venerated? Or would he rather have lived and continued to crawl about in the mud?

302 Fairbanks, J. (2006), p. 81 303 Tang, M. (2008), p. 94 128

The two senior officials said, 'It would rather have lived and continued to crawl about in the mud.'

Chuang Tzu said, 'Shove off, then! I will continue to crawl about in the mud!’304

Chuang Tzu speaks in parables, metaphors and fables, and infuses these with humor. His book is the antithesis of that of Lao Tzu. His words are fluid and expansive, and he spews his opinions, intuitions and objections in the form of a joke or a satire. He puts things in a relative position even if he is not a relativist. Proof to this is his disagreeing with Confucius and his proposed moral system. In Chapter 13, Chuang Tzu imagines—as in countless other occasons—a dialogue between Lao Tzu and Confucius. Confucius paid Lao Tzu a visit to explain to him the contents of the Classics, with the goal of convincing him. However, even before he opened his mouth, Lao Tzu replied:

“This is too much. Put if briefly.

Confucius said, 'In essence, it is benevolence and righteousness.'

'May I ask,' said Lao Tzu, 'are benevolence and righteousness of the very essense of humanity?'

'Certainly,' said Confucius. 'If the nobleman is without benevolence, he has no purpose; if without righteousness, he has no life. Benevolence and righteousness, these are truly of the innate nature of humanity. How else could it be?'

'May I ask, what are benevolence and righteousness?'

'To be at one, centred in one's heart, in love with all, without selfishness, this is what benevolence and righteousness are,' replied Confucius.

'Really! Your words reveal misunderstanding,' said Lao Tzu. 'Love of all, that's both vague and an exaggeration!' Without selfishness, isn't that rather selfish? Sir, if you want people to remain simple, shouldn't you look to the ways of Heaven and Earth?'

Heaven and Earth have their boundaries which are constant; the sun and moon hold their courses in their brightness; the stars and moon hold their courses in their brightness; the stars and planets proceed in the boundaries of their order; the birds and creatures find

304 The Book of Chuang Tzu (2005), Chap. 17, p. 171. Written towards 300 BC. We shall use the translation of Cristóbal Serra (2005) 129 their confines within their herds and flocks. Think of the trees which stand within their own boundaries in order.

So sir, walk with Virtue and travel with the Tao, and you will reach the perfect end. Why bother with all this benevolence and righteousness, prancing along as if you were beating a drum and looking for a lost child? Sir, you will just confuse people's true nature!”305

Chuang Tzu views the perfection of Nature before man began to interfere with it and finds there harmony, peace and order among each and all of the elements in earth and sky, moving according to their own principles and not imposing upon each other. From these observations, the disciple of Lao Tzu draws his conclusions: love for and the return to Nature is the basis of following the Tao.

However, Chuang Tzu does not attempt to deal with a unique and exclusive characteristic of man: one's ability to map out his future and that of his group? The Taoist criticism of a political system and social organization arises from seeing time and again that men who hold social positions resort to the facile solution of violating the freedom of all or some of one's group in the name of righteousness and justice.

Time and again, Chuang Tzu tries to ridicule Confucius' ideas to reaffirm his own and those of his Master. In any case, they converge in one fundamental point. Both Chuang Tzu and Confucius pursue the perfection of human nature. They only differ in the way of achieving this. Confucius suggests a government of virtuous men who exceed themselves in serving others, while Chuang Tzu proposes a government that does not interfere in men's affairs--one that does not meddle with the freedom of individuals and allows each one to act as one can and sees fit, but without straying from and respecting the natural principles that govern men and other creatures.

Chuang Tzu's political stand is molded after his Master and may be summarized in the doctrine of non-action. Thus in Chapter 57 of the Dao De Jing, Lao Tzu says, “Govern the state by being straightforward; wage war by being crafty; but win the empire by not being meddlesome...Hence in the words of the sage, I take no action and the people are transformed of themselves; I prefer stillness and the people are rectified of themselves; I am not meddlesome and the people are rich of themselves; I desire not to desire and the people become like the uncarved block of themselves.”306

Still, the genius and the pen of Chuang Tzu shed new light and gives more depth and clarity to the doctrine of non-action. Lao Tzu elaborates the theory; his disciple illustrates

305 The Book of Chuang Tzu (2005), Chap. 13, p. 132 306 Lao Tzu (2006), Chap. 59 130 it through examples. “Master Zi Ping knows how to carve wood and make frames and arches for the royalty. His excellent work was a marvel to all. When asked about the secret of his success, he answered, 'I am a simple carpenter. What extraordinary technique do you use? The only thing that I do is follow a schedule of abstinence before I start working. I keep three days of vigil, depriving myself of all illusion about receiving prizes, titles, wages or favors from the kings. I keep seven days vigil, forgetting myself and the world outside. They do not exist for me: neither the court nor the kings. Now, nothing can trouble me. Only then do I enter the mountain forests and observe in detail the different kinds of wood around until I find the form and structure that is closest to the design that I have in mind. The finished sculpture appears before my eyes. It is the fusion of nature of a simple carpenter with the nature of the wood. I would not have started working without the presence of Providence.”307

Applying the carpenter's teachings to political life, he affirms, “The eternal way (Tao) consists in doing nothing—leave everything to the natural law—while not allowing anything to be left undone. Following this way, kings and princes and everything under Heaven would transform on their own.”308 This means that following the eternal way is to revel in great freedom of action. One cannot be a good carpenter if one cannot choose the tree to work on. One cannot develop his artistic potential if one is told how to go about his task. This is not Nihilism; rather Chuang Tzu, like Confucius, seeks a path of excellence where each person is a unique and unrepeatable work of art. Man is at the center of both their thoughts—not the abstract man of Aristotle or Plato, but man as a tired, old carpenter.

As though to push this point, the first chapter of The Book of Chuang Tzu begins with a fantastic fable entitled “Wandering Where You Will.”309 The title already reveals an ode to freedom, where Chuang Tzu endows his protagonist with wings to fly. This lengthy fable reveals the author not just as an ingenius philosopher, but one who has reached the peak of artistic prose before the Qin Dynasty. One of today's great men of letters, Lu Xun, awed by the unprecedented genius of Chuang Tzu, paid tribute to him in this way: “His argument flows like a stream, takes unexpected turns, and is deep and mysterious like the celestial arch. It can be compared to the rise and fall of thousands of waves of a restless sea.”310

Here we find excerpts from the fable:

307 Wu, S.L. (2005) pp. 231-232 308 Lao Tzu (2006), Chap. 37 309 Wandering Where You Will. The southern sea is understood as the immense heavens. 310 Wu, S.L. (2005), p. 237 131

“In the darkness of the North there is a fish, whose name is Vast. The fish is enormous. I don't know how many thousand miles long. It also changes into a bird, whose name is Peng, and Peng's back is I don't know how many thousand miles across. When it rises in the air, its wings are like the clouds of Heaven. When the seas move, this bird too travels to the south darkness, the darkness known as the Pool of Heaven. The Book of Wonders records a variety of marvels. It tells how 'when the roc flies to the southern darkness, t he waters are stirred up for three thousand miles, and he rises up in a whirlwind, soaring ninety thousand miles, not ceasing for six months. It is like the swirling of the dust in the heat, blowing around below the deep blue of Heaven. Is this its true color? Or it is it because it is so far away that it appears like this? To one flying above looking down, the pattern is indeed the same.

If the waters are not great enough, they will not have the ability to carry a large boat...And if there is not enough wind, it will not have enough strength to bear up the great wings. The roc needs ninety thousand miles and the strength of the wind below him, so that he can rest upon the wind. Thus, with the light of Heaven on his back and with nothing to restrain him, the great bird can follow his course to the south. A cicada taught a young dove, saying with a laugh, 'I try to fly, with considerable effort, into an elm or sandalwood tree, but I find that, before I can reach it, I am pulled back down to earth. So what chance does this creature have of rising to ninety thousand miles and heading south?”

Someone who goes into the countryside with his lunch, and return in time for the evening meal will be as full as when he left. Someone travelling a hundred miles needs to have enough food to see him through. And someone travels a thousand miles needs to carry food for three months. What do these two understand?

The understanding of the small cannot be compared to the understanding of the great. A few years cannot be compared to many years. How do we know this? The morning mushroom does not know of the waxing and waning of the moon.311 The cicada does not know of spring and autumn, for theirs are but short lives. To the south of Chu there is a vast creature for whom five hundred years is but a spring, and five hundred years is but an autumn. In ancient antiquity there was a giant tree called Chun, for whom spring was eight thousand years and for whom autumn was eight thousand years. Yet Reng Zu is the only man renowned for his great age, something envied by many people, which is rather pathetic!

When Emperor Tang debated with Chi, a similar issue arose, for he said:

311 The morning mushroom is an insect that is born at dawn and dies by nightfall. (Note by Wu Shoulin) 132

In the barren north there is a dark sea called Heaven's Pool. There is a fish, several thousand miles wide and goodness knows how long. This creature is called Vast. There is also a bird, whose name is Peng, and whose back is like Mount Tai and whose wings cover the heavens. He rises up on a whirlwind, ninety thousand miles high, soaring through the clouds and breaking through the clear blue sky, then turns to plot his course south, travelling to the southern darkness. A quail laughs at him, saying 'Where are you travelling to? I leap up high but come down again after just a few feet, falling to earth amongst the bushes. And frankly that is the best you can expect from flying! So where is that creature going? This is what distinguishes the small from the great.

Someone who can fulfill the duties of one office, or behaves well enough to please one district, or has enough virtue to please one leader and is used to rule one country, views himself in the same way as these creatures. However Song would laugh at such a person. The whole world might praise him but he would not do more as a result. The whole world might condemn him, but he would not be affected. He knew the difference betweent he inner and the outer and the boundaries between honor and disgrace, but he went no further. He did not care about the world's opinion, but there were boundaries he did manage to overcome. The great Lie Zi could ride the wind, going to the edges without concern, but returning after fifteen days. In the search for good fortune he knew no boundaries. Although he never had to bother with walking, nevertheless he needed some way of getting around. If instead he had risen through the naturalness of Heaven and Earth, travelled on the six elemental forces and voyaged into the unknown and unlimited, he would have had to depend upon nothing! As the saying goes: The perfect man has no self; the spiritual man has no merit; the holy man has no fame.”312

Chuang Tzu continues this chapter by applying the lessons from his fable to three very concrete cases. Generally, it is easy to see that the cicada, the sparrow and the quail represent persons who are happy with what they have and satisfied with what they have achieved in life on account of their individual talents and opportunities. They do not really have problems or, at the very least, only have to be concerned about the set of problems that arise in their day to day living. They live peacefully and respect each other. As for any apparent negative attitudes they have toward Peng, one may surmise envy or simply a thought in good faith that no one can break through the limits of what one's own wings can offer. Peng represents those few exceptional men who can influence a period and a territory much greater than one can imagine. For Chuang Tzu, such men do exist along with others who fall between the caliber of the bird Peng and that of the sparrow.

One may say that Chuang Tzu exagerrated about Peng's size and capacity to fly because he wanted to to point out the immensity of human freedom. For Chuang Tzu, every man

312 The Book of Chuang Tzu (2005), Chap. 1, pp. 9-11 133 is unique. He has, so to speak, two wings—his intelligence and will—that make him fly through the situations that he was born into. Even the dignity and respect for each other kind of bird is saved, as all birds, including Peng, need the air in order to fly. This means that mean are not self-sufficient and depend on something outside of themselves and which is beyond their reach. Finally, this fable reflects the common destiny of men. From this point of view, one can conclude that the author endowed Peng with exemplary value. The bird follows the Tao and flies six months without allowing the passing things in life to detain him. He flies non-stop toward the south darkness (Heaven), his final destination.

Using Chuang Tzu's understanding of man and of human freedom, one may also be able to understand the description of the Supereme Tao that Chuang Tzu put in the lips of his master, Lao Tzu:

“Confucius said to Lao Tzu, 'Now, today, you seem relaxed, so I would like to ask about the perfect Tao.'

Lao Tzu said, 'You should cleanse and purify your heart through fasting and austerities, wash your spirit to make it clean and repress your knowledge. The Tao is profound and almost impossible to describe! I will attempt to offer some understanding of it:

The brightly shining is born from the deeply dark; that which is orderly is born from the formless; the spiritual is born from the Tao; the roots of the body are born from the seminal essence; all forms of life give each other shape through birth. Those with nine apertures are born from the womb, while those with eight are born from eggs. Of its coming there is no trace, no sign of its departure, neither entering the gate nor dwelling anywhere, open to all the four directions, Those who travel with the Tao will be strong in body, sincere and profound in thought, clear of sight and hearing using their heart without tiring, responding to all without prejudice. As a result of this, Heaven is high and Earth wide, the sun and moon move and everything fluorishes. This is the Tao!

134

Even the broadest knowledged does not comprehend it. Reason does not mean wisdom, so the sage casts these aside. There is something which is complete, no matter what you add; is not diminished, no matter what you take away. This is what the sage holds to. It is as the ocean, deeply deep, as the mountains, high and proud, its end is its beginning, it carries all forms of life and never fails. The tao of the nobleman is just external garb! That which sustains all forms of life and never falters, this is the true Tao!...

The fruits of the trees and the trailing plants have their distinctive patterns. Even human relationships, for all their troubles, have an order and a structure. The sage does not oppose them when he meets them: since he exceeds them by far, he has no need to hold on to them. He responds to them harmoniously.: this is his Virtue. He greets them in friendship: this is his Tao. This is how Emperors and kings have arisen. 313

Like his master, Chuang Tzu does not explain the origins of the Tao. Apart from this, which is an important point, the description of the Tao is similar to the idea of God that believers, as well as non-believers, have. Just as Confucius invites all men to be virtuous, Chuang Tzu calls all men to be saints. To be so, one does not have to be a sage but must respect the nature of things, including that of men and of his social relationships:

“I have heard of leaving the world open to its own way and not interfering, but I have never heard of trying to control the world. We let the world be, fearful of spoiling its innate nature; we leave it alone, fearful of those who adversely affectt he world's Virtue. If the nature of everything under Heaven is not distorted, if the world's Virtue is not despoiled, then waht need is there to govern the world?”314 From this need to respect the nature of things arises the idea that is now a patrimony of the Chinese soul: tolerance. Chuang Tzu keeps on returning to this idea, however,it is important to point out that he understands tolerance as an attitude of respecting the nature of things and not of being indifferent towards abuse or injustice.

It is then not surprising then that Chuang Tzu's ideas were never officially recognized, while those of Confucius have been embraced for centuries. Still there is a spark of Chuang Tzu in the heart of each Chinese. Taoism occupies an important spot in the

313 The Book of Chuang Tzu (2005), Cap. 22, pp. 223-224 314 Chuang Tzu (2005), Cap. 11, p. 97 135 memory of the people and is manifested in a thousand ways. This may be a small example, but an aspect of Chuang Tzu's genius is observed in Chinese painting. There, man occupies only a physical dimension. He is a dwarf walking almost unnoticed like a through great mountains or standing, like a tiny sparrow, beneath a gigantic tree. He is fishing in a boat that is no bigger than a walnut shell, patiently waiting for a catch in a river that looks as big as a the sea. Confucius taught love for family; Chuang Tzu taught love for nature.

IOn several occasions, Chuang Tzu irreconcilably put these two loves at odds with each other but, the truth is, he fails to really demonstrate their opposition. Even the first minister of the court, who observed in his tasks all the prescriptions and ceremonies established by the scholars,315 could have a Taoist (not a Confucian) garden with limpid pools quietly gurgling through capricious stone figures. There, the world stops and one can sit and contemplate for hours the blossoming of a lotus flower. Nowhere in The Classics—with their decreed courts, rites and ceremonies—is such a garden mentioned. Thus, Confucius is the Master within the confines of the palace, while Chuang Tzu is followed in its surroundings and gardens.

It is not that Chuang Tzu had no family or proposed a model of the family different from that of Confucius. He did have a family and loved his wife and children, but his was a more spiritual stance than that of Confucius, as he is resigned to his Destiny and pegs his hopes on Heaven. His commitment to the Tao is total and it is logical that this should influence the way he treats the people close to him. Chuang Tzu applies to the family the very same perspective of eternity that he sees in all things. He said so himself in his book when he wrote about the loss of his wife, whenre, this time, he does not resort to fables:

“Chuang Tzu's wife died and Hui Tzu came to console him, but Chuang Tzu was sitting, legs akimbo, bashing a battered tub and singing.

Hui Tzu said, 'You lived as man and wife, she reared your children. At her death surely the least you should be doing is to be on the verge of weeping, rather than banging the tub and singing: this is not right!'

Chuang Tzu said, 'Certainly not. When she first died, I certainly mourned just like everyone else! However, I then thought back to her birth and to the very roots of her being, before she was born. Indeed, not just before she was born but before the time when her body was created. Not just before her body was created but before the very origin of her life's breath. Out of all this, through the wonderful mystery of change she was given her life's breath. Her life's breath wrought a transformation and she had a body.

315 The followers of Confucius wee called “scholars.” 136

Her body wrought a transformation and she was born. Now there is yet another transformation and she is dead. She is like the four seasons in the way that spring, summer, autumn and winter follow each other. She is now at peace, lying in her chamber, but if I were to sob and cry it would certainly appear that I could not comprehend the ways of destiny. This is why I stopped.”316

Finally, and as a consequence of his attempt to ridicule the doctrine of Confucius, Chuang Tzu includes in his list of “mistaken ones” the ancient kings who Confucius admired. Chuang Tzu felt the need to remove the Emperors Yao, Shun and Yu the Great from their pedestals. This is seen in the chapter where Chuang Tzu has Emperor Yao and one of his officers in the army are engaged in a dialogue that clearly expresses Taoist philosophy, which is a significant current of thought in Asia.

“Yao was touring the sights of Hua. The guards of Hua said, 'Oh, a sage! Let me pray to the sage. Long life to the sage!' Yao said, 'Never!' May the sage be wealthy!' 'Never!' 'Long life, wealth and many sons are what most people want,' said the guard. 'Why do you not want them?' 'Many sons bring many anxieties, wealth brings many troubles, long life brings many problems. These three things do not enhance Virtue. I dismiss them.' The guard said, 'When I first saw you I thought you were a sage. Now I can see you are just a nobleman. Heaven gives life to all the multitudinous peoples and gives them their place. Many sons will have diverse assignments given to them, so there is nothing to fear! If you share your wealth with others, there is no trouble!' 'The sage finds his place as a quail settles, or as a fledgling is fed and as a bird flying leaves no mark of its passage. If the whole world has the Tao, he develops Virtue and avoid involvement. After a thousand years, wearied by the world, he departs and rises to be with the immortals, soaring up upon the white clouds, arriving at the Supreme One's abode. The three troubles you quote never affect him; they do not touch his body; Such a man suffers no shame!' The guard then left. Yao pursued him, saying, 'I would just like to ask if...'

316 The Book of Chuang Tzu (2005), Cap. 18, p. 175 137

'Get lost!' said the guard.317

In this fable, Chuang Tzu decisively topples Emperor Yao from his venerable pedestal by having some lowly, unknown guard shame him shamed by some lowly, unknown guard, aiming to prove that any one with common sense really knows more than this man who had been considered the model of wisdom and virtue for over 1500 years. Thus Chuang Tzu shoddily dismisses Yao and suggests that he should be forgotten if one desires true wisdom, which is the Tao, sainthood. Further, in his attempt to discredit the virtues proposed by Confucius, Chuang Tzu has Yao declaring things that he would never have said. However, as he belittles the path of virtue and exalts the path to sanctity, the guard in the fable (actually, Chuang Tzu himself) who told off Yao, indirectly agrees with Confucius' ideal, which many Chinese families nurture—that of having many children, especially male children.

317 The Book of Chuang Tzu (2005), Cap. 12, pp. 113-114 138

139

Chapter IV The Legalist School

1. The Lord of Shang Yang

In the times of Mencius, all kingdoms, without exception, benefited from the ideas of figures men from the newly-risen Legalist School, which enriched the kingdom and strengthened the army. The king of the state of Qin applied the ideas of the Lord of Shang--Shang Yang (390-338 BC)– and benefited the most. The Lord of Shang proposed that the power of the State be based on a system of laws that rewarded or punished: punishment was not proportionate to the evil done but should be greater to deter people from committing crimes.

The Lord of Shang from the state of Wei convinced Xiao Gong, Duke of Qin, on these theories of a state hegemony. He taught him to organize the people into groups of five and ten families who were ordered to spy on each other and be responsible as a group for the crimes committed by its their members.318 If a person was found guilty, then the first group of five families were responsible for denouncing him. If a family violated a law, the other nine in that group should turn them in; otherwise, all the nine families would be just as guilty. The group that did not denounce an evildoer would be condemned to death; and whoever denounced a criminal would be rewarded.319

As regards reward and punishment, tThe Lord of Shang declared that “punishments should know no degree or grade, but that from ministers of state and generals down to great officers and ordinary folk, whosoever does not obey the king's commands, violates the interdicts of the state, or rebels against the statutes fixed by the ruler, should be guilty of death and should not be pardoned... but their punishment should be extended to their family for three generations.”320

The Lord of Shang was the first to represent a school of thought that would oppose the Confucian school. He was inspired by the desire to achieve peace in society based on the supremacy of the State. The Empire suffered over 500 years of conflict among the different states and, despite the good intentions to establish unity around a virtuous

318 Han Fei Tzu (1964), p. 82 319 Qian, S. (2005), Vol. 1, p. 129 320 The Book of Lord Shang (2006), p. 241. This is the only existing book of the Lord of Shang. We shall use the translation of J.J.L. Duyvendak (2006) 140 emperor, the reality was that only selfish, ambitious and arrogant princes prevailed. Aggression and treachery, suspicion and deceit drove the day-to-day administration of the states.

In opposition to the multi-secular tradition, the Lord of Shang sustained that “he who is concerned about the highest virtue is not in harmony with popular ideas; he who accomplishes a great work does not take counsel with the multitude.” 321

The Lord of Shang's idea of the law is more about chastisement than about keeping public peace and order. “If penalties are made heavy and rewards light, the ruler loves his people and they will die for him....If the poor are encouraged by rewards, they will become rich and if penalties are applied to the rich, they will become poor. When in administrating a country one succeeds in making the poor rich and the rich poor, then the country will have much strength, and this being the case, it will attain supremacy.”322

For Shang, “if penalties are made heavy and relations are involved in the punishments, petty and irascible people will not quarrel, intractable and stubborn people will not litigate, slothful and lazy people will not be idlers, those who waste their substance will not thrive, and those of evil heart, given to flattery, will bring about no change. If these five kinds of people do not appear within the territory, then it is certain waste lands will be brought under cultivation.”323

In his proposal to establish a government that was not based on the virtues of the ruler, but rather on one that passed laws passed to severely punish evildoers but was sparing in rewards, the Lord of Shang advocated the strongest state possible, having observed the risk run by weak states. To achieve this, he suggested only two occupations--the farmer and the warrior—which he considered the two ways by which a state would prosper.324 Those who sought public posts but were in neither category, only spoke empty words and propagate false doctrines; such officials would certainly bring about the fall of their states. Thus, the Lord of Shang managed to enrich and strengthen the state of Qin, of which he was a subject.

In addition, the Lord of Shang considered that other professions—intellectual, manual or commercial—only weaken the state and make unworthy people wealthier. He therefore suggested that such undertakings must be discouraged, if not totally eradicated: “If people are not allowed to change their abode unauthorisedly, then stupid and irregular

321 The Book of Lord Shang (2006), p. 7 322 The Book of Lord Shang (2006), p. 85 323 The Book of Lord Shang (2006), pp. 38-39 324 The Book of Lord Shang (2006), p. 59 141 farmers will have no means of subsistence and will certainly turn to agriculture. If the minds of stupid people, full of turbulent desires have been concentrated, then it is certain farmers will be quiet; if the farmers are quiet and stupid people (turn to agriculture) then it is certain that waste lands will be brought under cultivation.”325

After conquering the state of Wei, the Lord of Shang became the prime minister of the state of Qin, a position that he held for 20 years. The first measure that he implemented was a penal code that was notorious for its severity (we have already seen the harshness of some of the punishments). Rewards were reserved for merit acquired in war, as the period was beset by continuous wars and massive military mobilization. Opportunities for promotion abounded. What was essential for the Lord of Shang was to significantly increase the State's power of intervention, and to do this, military, police and legal means were implemented.326

As time passed, other proposals of the Lord of Shang were adopted, like:

“If the whole population is registered at birth and erased at death, there would be no people who would escape agriculture...”327

“The unification of punishments that should know no degree or grade.”328

“For every one man that is killed (in war), freedom from taxes is given.”329

Shang continues that “it is people's nature, when measuring, to take the longest part, when weighing, to take the heaviest, when adjusting the scales, to seek profit. If an intelligent prince watches these three things diligently, order may be established in the country and the capacities of the people may be utilized. If the state makes few demands from the people, then the people will make many evasions from those demands.”330 The right to own property belonged to the family and not to the individual. Therefore, decisions about work and the distribution of earnings and benefits were determined during the family council. The only body that was independent of the State was the family, and to increase production and defence, the Lord of Shang believed that the State should exercise direct control over the family.

He also saw man as a mere instrument for empowering the State: “If light offenses are

325 The Book of Lord Shang (2006), p. 41 326 Folch, D. (2002), pp. 194-197 327 The Book of Lord Shang (2006), p. 91 328 The Book of Lord Shang (2006), p. 153 329 The Book of Lord Shang (2006), pp. 101 and 285 330 The Book of Lord Shang (2006), p. 131 142 heavily punished, punishments will disappear; if officials are permanent, there is orderly administration. The necessary guarantee for restricting the use of punishments, is that promises of rewards are kept. If they make it their habit to denounce all crimes then the people make the judgments in their own minds, and if, when the ruler gives his orders, the people know how to respond, so that the means for enforcing the law are really manufactured in the families and merely applied by the officials, then the judgments over affairs rest with the family.”331

“In an orderly country, punishments are numerous and rewards rare. Therefore, in countries that attain supremacy, there is one reward to nine punishments, and in dismembered countries, nine rewards to every one punishment. Now in proportion to the gravity or otherwise of the offence, there are light and heavy punishments, and in proportion to the greatness of the virtue, there are large or small rewards. These two differences are constantly applied in the world. If punishments are applied to accomplished crimes, then villainy will not be banished, and if rewards are bestowed for virtuous actions that have been achieved by the people, then offences will not cease. Now if punishments cannot banish villainy, nor rewards put an end to offences, there will doubtless be disorder. Therefore, in the case of one, who attains supremacy, punishments are applied at the intent to sin, so that great depravity cannot be bred; and rewards are bestowed on the denouncement of villainy, so that minor sins do not escape unnoticed.332 “The sage is not indulgent with transgressions, and does not pardon crimes, and so villainy does not spring up.”333

The Lord of Shang likewise observed that all men are averse to shame, misfortune and laboring on difficult tasks. Rather, men desire fame and glory and a happy life, free of difficulties. Thus, for him, “the superior man, in handling his authority, unifies the government in order to fix his methods; in establishing offices, he makes rank valuable, to correspond with them, and he makes his appointments, taking people's exertions into account and according to their merit, so that the balance between high and low is even.”334 Thus, just as the first part of his work is dedicated to the norms for achieving the greatest economic power, the second part focuses on military strategies to achieve superiority in war.

As the Lord of Shang saw no other alternative, he gave great importance to the need to establish a system of strict rules and to promote men, not for their great virtue, but for

331 The Book of Lord Shang (2006), p. 115 332 The Book of Lord Shang (2006), p. 149 333 The Book of Lord Shang (2006), p. 249 334 The Book of Lord Shang (2006), pp. 135-137 143 their bravery and accomplishments in military exploits.335

Thus, in contrast to Confucius’ teachings, the Lord of Shang affirms, “the six parasites are: rites and music, odes and history, moral culture and virtue, filial piety and brotherly love, sincerity and faith, chastity and integrity, benevolence and righteousness, criticism of the army and being ashamed of fighting. If there are these twelve things, the ruler is unable to make farm and fight, and then the state will be so poor that it will be dismembered.”336

As for the harmonious dialogue between family and state, which had been developed and fortified through the centuries, the Lord of Shang promoted suspicion and denouncement instead of love and trust that characterized each of the five social relationships of old. “A weak people mean a strong state and a strong state means a weak people. Therefore, a country which has the right way, is concerned with weakening the people. If they are simple they become strong, and if they are licentious they become weak. Being weak, they are law-abiding; being licentious, they let their ambition go too far, being weak, they are serviceable, but if they let their ambition go too far; they will become strong.”337For the Lord of Shang, the family was a peril for the State and therefore must be controlled.

The Lord of Shang however met a tragic end. “When the Duke of Qin, the prince heir to the throne rose of to power, the enemies of Shang accused him of rebellion and had him arrested. Shang managed to escape and sought a hiding place. The people who offered him shelter did not recognize him, and said, 'The Lord of Shang ordered that travellers who bore no documents could not seek shelter with us. You do not have documents, and we fear being implicated and punished….' He was eventually caught and brutally executed. As expected, the King of Qin also imposed the same punishment on the entire Shang family.”338

2. Xun Zi

Sima Qian left some brief notes about Xun Zi. “He lived toward the end of the period of Warring States (475-221 BC), a native of the State of Zhao, who studied the three schools of thought—Confucius, Lao Tzu and Mo Zi. At the age of fifty, he gave conferences in the State of Qi. He then moved to the State of Chu. Between 280 and 265 BC, he had as students Han Fei Zi and Li Si. Xun Zi was considered a great teacher and hated the dirty politics of his time as well as the cruelty of the leaders who led dissolute

335 The Book of Lord Shang (2006), p. 195 336 The Book of Lord Shang (2006), p. 203 337 The Book of Lord Shang (2006), p. 287 338 Qian, S. (2005), Vol. 1, p. 138 144 lives. At times, he made dissertations on why political systems succeeded and failed.”339

Mo Zi (470-391 BC) however founded a school of thought that did not stand the test of time. For him, filial and brotherly love are not enough to solve social ills and that family ties often caused disputes and quarrels within the family. To resolve this situation, Mo Zi advocated universal love and proposed that the rulers impose this on the people. This was why Mo Zi turned out to be an “active pacifist” who rallied his followers to defend the weak and unjustly besieged states.

His doctrine however failed to explain how a ruler could impose universal love. Mo Zi’s school was considered no more than a Utopic society. Instead of carrying on with their intellectual activities, his followers resorted to action. And even if they bravely fought and sacrificed themselves for their cause, they wound up victims of their own ideas. They died without continuing the work of their Master.

While Mencius sustained that all men are, by nature, good, Xun Zi warned that not all men are equal. “The learning of the gentleman enters through the ear, is stored in the mind, spreads through the four limbs, and is visible in his activity and repose. In his softest word and slightest movement, in one and all, the gentleman can be taken as a model and pattern. The learning of the petty man enters the ear and comes out of the mouth. Since the distance between the mouth and ear is no more than four inches, how could it be sufficient to refine the seven-foot body of a man!”340

“Those who put first what is just and later matters of benefit are honorable; those who put first what is beneficial and later what is just are shameful. Those who are honorable always gain success; those who are shameful invariably fail. The successful always administer others; failures are always administered by others. Such is the great distinction between honor and disgrace.”341

Xun Zi, in addition, limited human nature to the external senses “All men possess one and the same nature: when hungry, they desire food; when cold, they desire to be warm; when exhausted from toil, they desire rest; and they all desire benefit and hate harm. Such is the nature that men are born possessing. They do not have to await development before they become so. It is the same in the case of a Yu and in that of a Jie. The eye distinguishes white from black, the beautiful from the ugly. The ear distinguishes sounds and tone as to their shrillness or sonority. The mouth distinguishes the sour and salty, the

339 Qian, S. (2005), Vol. 1, p. 147 340 Xun Zi (1999), Chap. 1, No. 9. Around 270 BC, Xun Zi wrote just one work that bears his name. We shall be using the translation of John Knoblock (1999) 341 Xun Zi (1999), Cap. 4, No. 7 145 sweet and bitter. The nose distinguishes perfumes and fragrances, rancid and fetid odors. The bones, flesh and skin-lines distinguish hot and cold, pain and itching. These, too, are part of the nature that man is born possessing, that he does not have to develop, and that is true of both Yu and Jie.” At this point, Xun Zi seems to forget man’s ability to develop his mind, which the Chen and the Wang also possessed.

Xun Zi furthers, “Whether a man can become a Yao or Yu or be a Jie or Robber Zhi, whether he becomes a workman or artisan, a farmer or merchant, lies entirely with the accumulated effect of circumstances, with what they concentrate on in laying their plans, and on the influence of habits and customs. If one becomes a Yao or Yu, one normally enjoys tranquillity and honor; if one is a Jie or Robber Zhi, one normally falls into peril and disgrace. If one becomes a Yao or Yu, one constantly finds enjoyment and ease; if one becomes a workman, artisan, farmer, or merchant, one must constantly toil and trouble oneself. Though this is so, many men are like the latter, but only a few men are like the former. Why should this be so? I say that it is because they remain uncultivated; even Yao and Yu were not born wholly what they became, but rose up by transforming their old selves, brought them to perfection through cultivation and conscious exertion, and only after first putting forth the utmost effort did they become complete.”342

According to Xun Zi, “The inborn nature of man is certainly that of the petty man. If he is without a teacher and lacks the model, he will see things solely in terms of benefit to himself.... If the gentleman does not use the power inherent in his circumstances to control them, then he will have no means to develop their inherent possibilities. Now the mouth and stomach of a man can only lead to smacking and chewing away, feasting and gorging himself to satisfaction... If a man lacks a teacher and the model, then his mind will be just like his mouth and stomach.... A lack of cultivation is a misfortune common to the whole world; it is the greatest calamity for man and does him the greatest harm.”343

Xun Zi assumed that man is born only with external senses and that all the rest—such as love, work, memory, and faith--are acquired solely by superior men. However, learning is natural to man. A child learns things from his mother from the moment he is first fed. Only men can learn through their intelligence, thus it is a natural right and not the sole possession of Zun Xi’s superior man.

Consequently, Xun Zi denies metaphysics: “Heaven has its seasons; Earth its resources; and Man his government. This, of course, is why it is said that they ‘can form a triad.’ The constellations follow their revolutions; the sun and moon alternately shine; the four seasons present themselves in succession; the Yin and Yang enlarge and transform; and

342 Xun Zi (1999), Chap. 4, No. 11 343 Xun Zi (1999), Chap. 4, No. 12 146 the wind and rain spread out everywhere. Each of the myriad things must be in a harmonious relation with Nature in order to grow, and each must obtain from Nature the proper nurture in order to become complete. We do not perceive the process, but we perceive the result—this indeed is why we call it ‘divine.’ All realize that Nature has brought completion, but none realize its formlessness—this indeed is why we call it ‘Nature.’ Only the sage acts not seeking to know Nature.” 344 Thus, men should be satisfied with studying physical realities, and not their origin, end or existence in themselves.

‘Heaven does not suspend the winter because men dislike cold weather. Earth does not reduce its broad expanse because men dislike long distances. The gentleman does not interrupt his pattern of conduct because petty men rant and rail. Heaven possesses a constant Way; Earth has an invariable size; the gentleman has constancy of deportment. The gentleman is guided by what is constant; the ordinary man calculates what might be achieved.345 On one hand, Xun Zi acknowledged the importance of a system and of study; on the other, he denied the transcendence of man. Like Confucius and the other sages of old, he used the term “Heaven,” but no longer in its original sense, as seen in the following:

“If you pray for rain and there is rain, what of that? I say there is no special relationship—as when you do not pray for rain and there is rain. When the sun and moon are eclipsed, we attempt to save them; when Heaven sends drought, we pray for rain; and before we decide any important undertaking, we divine with bone and milfoil. We do these things not because we believe that such ceremonies will produce the results we seek, but because we want to embellish such occasions with ceremony. Thus, the gentleman considers such ceremonies as embellishments, but the Hundred Clans consider them supernatural. To consider them embellishments is fortunate; to consider them supernatural is unfortunate.346

Xun Zi valued the rites for their symbolism, beauty and ability to differentiate social classes. However, he rejected the spiritual value with which the rites unite men with their ancestors. He also denied that men’s prayers could actually reach Heaven, as well as the idea that one’s ancestors could intercede for the living. Xun Zi was a follower of Confucius but he transformed the Master’s transcendent doctrine and watered down men and human society into a mere bee hive ruled by a Queen Bee. Thus, the ruler could put his subjects on the right track by imposing laws. And when one died, there was really no difference between man and bee.

344 Xun Zi (1999), Chap. 17, Nos. 2-3 345 Xun Zi (1999), Chap. 17, No. 7 346 Xun Zi (1999), Chap. 17, No. 11 147

As regards human nature, Confucius left unanswered the question whether human nature was good or bad; while Mencius maintained that man could learn because human nature is good. Xun Zi however affirmed human nature as evil: man, being born evil, is an inferior being. Whatever good he does is something that he acquired through conscious effort or by some external imposition or obligation. He based this theory on a simple observation: “Now, the nature of man is such that he is born with a love of profit. Following this nature will cause its aggressiveness and greedy tendencies to grow and courtesy and deference to disappear. Humans are born with feelings of envy and hatred. Indulging these feelings causes violence and crime to develop and loyalty and trustworthiness to perish.... this being the case, when each person follows his natural inclinations, aggressiveness and greed are certain to develop. This is accompanied by violation of social class distinctions and throws the natural order into anarchy, resulting in a cruel tyranny. Thus, it is necessary that man’s nature undergo the transforming influence of a teacher and the model and that he be guided by ritual and moral principles.” 347

Xun Zi’s political theory fostered the growth and the firming up of the State, at the expense of the freedom which, until then, families (not individuals) enjoyed. The Lord of Shang was concerned about strengthening the State, not for the sake of persecuting the family, but for his own state to dominate all the other states. Finally, Xun Zi’s theoretical State must teach, correct and control man who is naturally unable to use his freedom in a manner that is acceptable to society.

“What makes one human?” Xun Zi asked. He answered, “I say that it lies in his ability to draw boundaries. To desire food when hungry, to desire warmth when cold, to desire rest when tired, and to be fond of what is beneficial and to hate what is harmful—these characteristics man is born possessing, and he does not have to wait to develop them. They are identical in the case of a Yu and in that of a Jie. But even so, what makes a man really human lies not primarily in his being a featherless biped, but rather in his ability to draw boundaries.”348

“Of such boundaries, none is more important than that between social classes. Of the instruments for distinguishing social classes, none is more important than ritual principles. Of the sources of ritual principles, none is more important than the sage kings. To follow the way of humanity, one should follow the path opened by the emperors Yao, Shun, Yu and the first emperors of Zhou.”349

347 Xun Zi (1999), Chap. 23, No. 2 348 Xun Zi (1999), Chap. 5, No. 9 349 Xun Zi (1999), Chap. 5, No. 10 148

He continues, “True Kings are not all like this. Being the worthiest of men, they are able to help the unworthy. Being the strongest men, they are able to be magnanimous toward the weak. Certainly they are capable of placing others in mortal peril, but they would be ashamed to engage in conflict. King Wen used execution in only four instances, King Wu in two, and the Duke of Zhou completed their undertaking so that when King Cheng came to power, peace could be secured without the need for capital punishment.”350

Xun Zi turned his Master’s thinking upside down. For Confucius, the great sage kings were models for their filial piety, benevolence and justice. Xun Zi instead proposed man to be the model, not on account of one’s virtues, but due to one’s ability to define the limits of social relationships through a system of rites. For instance, “In his relations with his son, the gentleman loves him but does not show it in his face. He assigns his son tasks, but does not change expression over it. He guides him using the Way, but does not use physical compulsion.”351 In addition, Xun Zi considered that “Inside the home to be filial toward one’s parents and outside the home to be properly courteous toward one’s elders constitute the minimal standard of human conduct. To be obedient to superiors and to be reliable in one’s dealing with inferiors constitute a higher standard of conduct. To follow the dictates of the Way rather than those of one’s lord and to follow the requirements of morality rather than the wishes of one’s father constitute the highest standard of conduct.”352

Nevertheless, Xun Zi clarified the following in connection with children's observance of filial piety even when they disobeyed their parents' bidding:

- If following the mandated course would bring peril to his family whereas not following it would bring security, then the filial son who does not follow his commission still acts with true loyalty. - If following his mandated course would bring disgrace on his family whereas not following it would bring honor, then in not following the mandated course he still acts morally. - If following the mandated course would cause him to act like a savage whereas not following it would cultivate and improve him, then in not following it he still acts with proper reverence.353

In the end, Xun Zi remained a disciple of Confucius, in his words and, perhaps, in his

350 Xun Zi (1999), Chap. 7, No. 4 351 Xun Zi (1999), Chap. 27, No. 19 352 Xun Zi (1999), Chap. 29, No. 1 353 Xun Zi (1999), Chap. 29, No. 2 149 heart, because his philosophy still revolved around the value system of his Master. The emperor, or ruler, serves his subjects by guiding them along the road of good example with fatherly love and benevolence. The emperor’s function is to teach and to discipline, correcting the lowly people who are evil by nature. However, filial piety is no longer a fundamental virtue for Xun Zi: obedience and respect depends on the correctness of the decisions that parents make for their children. Shun did not deal with his father this way; neither did Mencius believe that Shun practiced filial piety in this manner.

3. Han Fei Zi

The work of Han Fei Zi (280-233 BC) is a veritable manual for princes, as it focuses on just one question: how to establish and strengthen the State.354 Many Chinese historians consider it a precusor to Machiavelli's The Prince. In his exposition, Han echoes the ideas of his Master, Xun Zi, and also of the Lord of Shang. If there is one point that he improved upon the philosophies of the two Masters, it is that of imposing penalties and punishments. What is new in Han is his suggestion regarding the ruler's attitude towards public administration. Both public administration and the people should be subject to the law, but the sovereign, the author of the laws, is above the law and guided by his own set of rules and principles.

Lao Tzu's Tao Te Ching also offers a model for the ruler. In answer to the absolute quietism of the Tao and its transcendence over worldly concerns, Han equates the attitude of the ruler to that of a saint: when the saint gets to the Tao, he has acquired absolute knowledge and therefore wields absolute authority. Similarly, the sovereign who has gained absolute power enjoys tranquility. The two have to be the same in their manner of action.

The sovereign abstains from action and only concerns himself about choosing his officials, appointing each according to his abilities. Further, the sovereign only monitors his ministers' fulfillment of their tasks. The State machinery works on its own. This will be the formula, or model, that future emperors will follow for over 2000 years.

Almost like one who can explain the creation of the world, Han expounds on his understanding of the human person from the time man first came to be: “In ancient times, husbands did not have to till the fields, for the seeds of grass and the fruit of the trees were enough for people to eat. Wives did not have to weave, for the skins of birds and beasts provided sufficient clothing. No one had to struggle to keep himself supplied. The people were few, there was an abundance of goods, and so one quarreled....But nowadays

354 Han Fei Tzu (1964), p. 5. We will use the translation of Burton Watson (1964) when we refer to the work of Han Fei Zi. 150 no one regards five sons as a large number, and these five sons in turn have five sons each, so that before the grandfather died, he has twenty-five grandchildren. Hence the number of people increases, goods grow scarce, and men have to struggle and slave for a meager living. Therefore they fall to quarreling, and though rewards are doubled and punishments are piled on, they cannot be prevented from growing disorderly.”355

In Han's vision of the cosmos, original sin, the creature’s disobedience to the Creator or any form of disorder wreaked by man upon Nature do not exist. For him, it is population growth that provokes tensión and disputes among men, as well as tribulation in work. Therefore, according to Han, a growing population is the main cause of social strife and the major hindrance to economic development. Centuries later, some government experts would agree that China's huge population is the prinicipal deterrent to the country's economic growth. They affirm that every child that is born—including the newly-born infants--entail costs that limit and affect the future of the country's economy. For them, today’s situation is the same as that 2000 years ago.

The harshness of the Legalist State proposed by the Lord of Shang, Xun Zi and, now, by Han Fei ZXi now brings to mind that “people detest the law and therefore a system of punishments must be put into place to make them obey it.”356 Han insists on the strict application of penalties, based on the principle that a single State can only have one sovereign. The State likewise must “make certain to destroy conclaves; if you do not do so, they will only grow more numerous….The ruler of men must prune his trees from time to time and not let them grow too thick, for, if they do, they will impinge upon his dwelling.”357

The Chinese family was originally monogamous but among the rich and the influential, it was common to have a so-called First Wife and a few concubines. This practice reflects the society’s acceptance that women were inferior to men, and that driven by the desire to give their children a good future, women wound up justifying actions simply to meet this end.

In Chapter 17 of his book, Han advises the ruler to never trust anyone. “It is hazardous for the ruler of men to trust others, for he who trusts others will be controlled by others. Ministers have no bonds of flesh and blood which tie them to their ruler; it is only the forcé of circumstance which compels them….If the ruler puts too much trust in his son, then evil ministers will find ways to utilize the son for the accomplishment of their prívate schemes…. Now if someone as close to the ruler as his own consort, and as dear

355 Han Fei Tzu (1964), Chap. 49, p. 97 356 Folch, D. (2002), p. 199 357 Han Fei Tzu (1964), Chap. 8, pp. 40-41 151 to him as his own son still cannot be trusted, then obviously no one else is to be trusted either…. If the ruler does not understand this, then he lays hmself open to revolt on all sides.”358 To valídate this statement, Han quotes from The Spring and Autumn Annals, saying that “Less than half of all rulers die from illness.” Thus he considered that the greatest risk that kings and emperors ran came from their own households or trusted ministers.

Now if Han affirms that the root of all evil is a huge population that leads to a scarcity of resources, then why can’t a ruler trust even his own parents, as they obviously lacked nothing? Following Han’s trend of thought, people who enjoyed abundance in food and clothing had no reason to be unjust or to hate or to seek vengeance. Neither should they be considered lazy, as they had no need to work; only those with scant resources had to work. Much less should the wealthy try to murder their own parents. Still, historical fact runs contrary to Han’s hypothesis.

However, as what had happened to the Lord of Shang, Han’s proposed political platform was rejected by his own State and instead adopted by the State of Qin. And even if the Qin benefited from Han’s ideas, Han himself was not that fortunate. When he was sent by Qin as an ambassador to the State of Han, Li Si, a former classmate under Xun Zi, was prime minister of the State of Qin. Far from welcoming him, Li saw Han as a potential rival and enemy. Li then had Han thrown into prison and later convinced his old classmate to kill himself in order to escape the horrible punishment that awaited him.

358 Han Fei Tzu (1964), Chap. 17, pp. 84-89 152

153

Part Two: The Imperial Period

Chapter V The Unification of the Empire: Reason versus Force

Once the internal reforms proposed by the Lord of Shang were put into place, it was then time to execute his plans for statal hegemony. Thus, in 340 BC, the tiny State of Qin, with the Lord of Shang at the helm of its army, invaded and overthrew the State of Wei.

Prior to this, the States of Han, Zhao, Wei, Yan and Chu joined forces to assault and destroy Qin, as it posed a serious threat to them all. Yet their efforts were in vain and the Qin army emerged victorious in the Battle of Hanguguan (318 BC). This victory set into motion a series of events that led to the downfall of these five States—to the great advantage of Qin. The conquest of Shu and Ba—today’s Szechuan—was completed in 316 BC; and, in 312 BC, the forces of Qin conquered the State of Chu.

Still, the struggle for power within the very State of Qin weakened it and, in 295 BC, Qin was defeated by the State of Zhao. The State of Qin then decided to set aside its strategy of forging alliances and instead resorted to unbridled expansionism. To do this, the ruler of Qin did not only carry out territorial expansion; he also ordered the extensive annihilation of his rival armies: “In 293 BC, it vanquished the States of Han and Wei, beheading 150,000 soldiers. In 260 BC, the State of Qin wiped out the Zhao army, leaving in its wake over 450,000 dead.”359In the aftermath, no significant rivals surfaced to challenge the State of Qin and, from 230 to 221 BC, it overpowered the six remaining warring States.

1. Fourteen Years of the Qin Dynasty

In 221 BC, the State of Qin prevailed over the six States that survived 800 years of war. King Shi of Qin proclaimed himself Shi Huangdi, or Emperor of (Qin) China. Under his rule, the Empire’s currency, as well as the systems of weights and measures, writing, and

359 Lu, S. (2008), p. 10 154 laws were standardized.

Once the Empire was unified, the prime minister advised the emperor to appoint some of his sons to rule over the conquered States. The other ministers thought that this was a good idea and agreed. Only Li Si, then the minister of justice, said, “During their rule, the kings Wen and Wu of the Zhou Dynasty appointed their sons and grandsons as dukes. However, quarreling and enmity arose among the dukes, and not even the Son of Heaven could do something to prevent them from eventually attacking each other. Apparently, the feudal system did not work. The administration and control of the Empire could have run more smoothly had it been divided into prefectures and districts and only the deserving officials, rewarded by the State.

The Emperor in fact ordered that the Empire be divided it into 36 prefectures, each headed by a governor, a military commander and an inspector.360 This measure put an end to the Feudal Period, where public positions were acquired through blood relationship. China began to assume a modern form of government where those who had the aptitude and capacity to govern were chosen to hold government tasks and functions.

The emperor also had the arms of his enemies confiscated and gathered them together in Xian-yang. There, he had the weapons melted and molded into giant bells and 12 human statues. From then on, the states, clans and families had to renounce and dismantle their armies and to leave the defense of their interests to the only accepted legitimate army, which was that of the Empire.

Among the principal steps that Emperor Shi Huangdi took was the forced relocation of around 120,000 wealthy and powerful families from each of the defeated States to the new capital, Xian-yang, to minimize the possibility of a rebellion or uprising. He even built for them houses and palaces similar to what they had in their cities of origin. Finally, near the city of Xian, he had his own mausoleum built, sentineled by the now-celebrated army of terracotta soldiers. Around 700,000 laborers were said to have worked on this mausoleum.361

The Emperor likewise ordered the building of the Great Wall along the northern border to defend the Empire against invasion by the Xiongnu, an alliance of tribes reknowed for their skills as horsemen, which made them lord it over the steppes of Central Asia. During the Zhou Dynasty, the different States already had put up some walls to protect themselves from the Xiongnu and other States.

360 Qian, S. (2005), Vol. 1, pp. 300-301 361 Qian, S. (2007), p. 82 155

The new Emperor then ordered the demolition of the old inner walls and the building of new ones, which employed an astounding number of 300,000 men under the command of General Meng. The wall snakes its way for over 6000 kilometers from the east, in the Bohai Bay, towards the west in the desert of the Jade Gate in Gansu Province.362

Another grand project of the first Emperor was the construction of the Linju Canal, which connected the Xiang River, a tributary of the Yangtze, to the Zhujiang, or the River of Pearls, which allowed people to sail from the 40th to the 22nd parallel (or over 2000 kilometers) from the city of Canton to the Yangtze River. Shi Huangdi then ordered the building of a 6800-kilometer road network that converged in the capital of Xian- yang.363

The Emperor successfully carried out these infrastructure projects with the labor force made up of soldiers and other recruits. Besides the death penalty and the five forms of mutilation, forced labor was imposed as punishment for crimes; the period and form of labor depended on the gravity of the offense. Thus the Emperor never ran out of hands to execute his plans.

Apart from standardizing the system of weights and measure and building palaces and new forms of infrastructure, this spirited emperor passed new laws. It was inevitable and imperative that everyone should observe the law, as all power was centered on the Emperor. Legalism from then on was not just one more school of thought, but part of a Code. Severity and rigor were the order of the day, replacing compassion, benevolence, virtue, good faith and ethical formation.

The Emperor accordingly ordered The Five Classics to be burned, at the instance of Li Si, 格式化: 字型: 非斜體 who considered them dangerous and opposed to the new dynasty’s legal and political system. After the books, more than 400 scholars died at the stake for expressing their disagreement with the Emperor’s move.

We may consider Sima Qian’s judgment as an epitaph to this: “To strike fear in the hearts of the people, he employed torture, put an end to the tradition of the holy kings of ancient times, burned the works of the philosophers of the hundred schools and eliminated the sages and other people of talent.”364

After 100 years, China reverted to become an Empire. At that time, the people numbered to around 50,000,000. Nevertheless, the Qin empire only lasted 14 years. As regards In

362 Shaughnessy, E. (2005), p. 62 363 Folch, D. (2002), p. 208 364 Qian, S. (2005), tomo 1, p. 382 156 family-State relations, the State won out in all aspects. The family could only suffer and work in stoic silence, and await Heaven’s withdrawal of its Mandate.

As for the fate of Li Si, Grand Chancellor of the first Emperor, Sima Qian ends his narrative saying that as soon as Emperor Shi Huangdi died, a favorite of the new emperor Er Shi unjustly accused Li Si of plotting a revolt. Li Si was arrested for conspiring against the emperor and was repeatedly tortured. After undergoing the four mutilations, he, along with all his relatives up the third degree, was executed in the market place of Xian-yang, in observance of the law.365 Thus ended the story of a man who vehemently advocated an unforgiving and particularly calculating penal system as a way of empowering the State.

One may think that it was pure coincidence that the three figures who best represented the Legalist School--the Lord of Shang, Han Fei Zi and Li Si--suffered violent deaths. On the other hand, it is not surprising that these three men should meet a tragic end that, as they themselves instituted the means that led to their death. Sima Qian then cites a nobleman named Zhao Liang, who thought along this line: “In a brave discourse, Zhao Liang, addressed the Lord of Shang, attempting to convince him to change his attitude, reminding him that it was written in the Book of Zhou that ‘he who rests in virtue, prospers, while he who relies on force, self destructs.’ Still, the Lord of Shang refused to listen to Zhao Liang’s sincere words.”366

2. Four Hundred Years of the Han Dynasty a. The Confucian Influence on the Empire

Three years after the death of Emperor Shi Huangdi, whose son eventually perished in a revolt, a new empire arose—the Han Dynasty (206 BC-220 AD). It first seemed that the feudal system would once again return but the new administration quickly consolidated its government through a series of public examinations for imperial positions, and the vacant posts were filled up in a centralized manner. The Han Dynasty then carried on with the system of prefectures and districts. Towards the end of 1 BC, 83 prefectures and 13,114 districts were in existence.

The “Confucianization” of China’s legal system began during this dynasty. Historical documents abound to prove how the legislations of the Han significantly influenced those of the succeeding dynasties.367 During the brief rule of the Qin, chastisement figured

365 Liu, Y.P. (1998), p. 283 366 Qian, S. (2005), Vol. 1, pp. 134-138 367 Liu, Y.P. (1998), p. 252 157 prominently in the legal system, with every member of the family spying on each other and entire families spying on their neighbors.

There is no existing evidence ofn how the Han emperors went about undoing the Qin legal system and establishing their own. still, However, for the next 2,000 years, significant traces of the Legalist system remained.

The Qin State enforced severe fiscal policies on reducing the sizes of families, while the Han recognized and practiced the ideal of having several generations of one family living under one roof and its deceased members buried in the same cemetery. The Qin collected taxes from their subjects to about two thirds of their harvest, while half of the male populace old enough to work were uprooted from their families and farms and put to public works and military service. The Han improved on this situation by radically cutting down on the taxation system as well as on the number of laborers needed for big projects. Thus the State desisted from encroaching on the agricultural system.

The new dynasty inherited the military power and the administrative system of the Qin, and so reached the peak of their strength in arms. However, they were aware that they could not govern effectively on military strength alone. Rather, they drew from the Confucian school ideas on how to chose and appoint men who have the ability to administer the Empire. The politics of the State from then on took into account the family as the basic institution for the sovereignty and for national development. The clan during the Han Dynasty was restored to being the accepted social unit, and the paternal home, the place where people live together and acquire their first experience of relating socially.

However, just like the dynasties that preceded the Qin, the relationships of father-son and of elder brother-younger brother and the status of the woman society continued to be at a disadvantage. A daughter was not considered a permanent member of her father’s household as, once she marries, she would become part of her husband’s family; while the single woman usually does not get to inherit any of her parents’ properties.368

The human relationships of ancient times which were accepted by Confucius and Mencius were hierarchical in nature. The husband works outside the home, while the wife stays to take care of the household chores. The virtues expected of a good woman are spelled out in the work Lessons for Women, written by Cao Ta Ku, a woman who lived during the Han Dynasty:

“She must be feminine, that is, modest, cheerful, pure, constant, organized; she should be well-mannered and unquestionable in conduct. To be feminine in conversation is not be

368 Lewis, M.E. (2007), pp. 155-177 158 brilliant or eloquent, but delicate in the use of words and knowing when to speak and when to hold her tongue. She must take care of her appearance, which does not mean being beautiful, but rather clean in her personal habits and elegant in dress. She is dedicated to the work of a woman, devoted to embroidery and to the kitchen, especially when there are guests in the house.”369

Tung Chung Shu (179-104 BC), a Confucian philosopher of this period, analyzed the five relationships according to Confucius and Mencius and chose three that he considered the most important: the relationship between the ruler and his subjects; the relationship between the father and his son; and the relationship between husband and wife. He called these kang, which literally meant the main cord that keeps an entire net intact. The emperor is the head--kang–of his subjects; the father that of his children; and the husband that of his wife.

Apart from the three kang–the most important social relationships—the Confucianists of the Han Dynasty proposed five chang, or the five most important virtues: benevolence (humanity), justice, intelligence (wisdom), trust (credibility), courtesy (good manners). The five chang are virtues of the individual, while the three kang are the principles of social organization. Thus the Word kang-chang during that period meant morality, or the moral law.370

It is interesting to note that if the term kang-chang seems corollary to the teachings of The Five Classics, it is really a brand-new philosophy. The ancients considered filial piety as the eminent virtue which arose from a debt of gratitude for the gift of life; thus the primary importance of the father-son relationship. Here, filial love pertained to both the father and the mother. There is a loving reciprocity between both sides of this relationship.

The Han philosophers proposed that the five chang hold a more prominent position than that of filial piety. These virtues reinforce the subject-sovereign relationship. Now, the social relationships (kang), are not only reduced from five to three, but also and more importantly, the Han underscored the concept of subordination of the subject to the sovereign, the son to his father, and the wife to her husband.

These make up the strength and the weakness of Chinese civilization as regards in terms of the family and the State. The Han Dynasty was the first one to make Confucianism a state policy even if maintained, to a good measure, some vestiges of the Legalist doctrine. This is perhaps one reason why the Chinese have had this long-standing love-hate

369 Ku, H.M. (2006), p. 68 370 Fung, Y. L. (2008), p. 641 159 attitude towards Confucius.

The Han government was composed of a very small bureaucracy—the proportion was two officialers to every 1000 citizens. Families generally enjoyed peace and self- governance except for the yearly mandate for all men to work without wages on public projects or to fight in defense of the borders. The more intelligent sons of peasants had the chance to be appointed to public positions. China, from its militant, battle-scarred period, reverted to being an agricultural dynasty.

However, it is difficult to delineate the emperors’ Confucian and Legalist tendencies. In other words, it is not easy to determine the extent to which the rulers sought to govern by virtue or by forceé. For instance, the practice of punishing an entire family or bloodline for the crime of one person remained as a law during the Han Dynasty even after the fall of the Qin. Despite its progressive attitude in certain aspects of governance, this new dynasty maintained such punishments as a legal way to control, monitor and control families, even as the family was acknowledged as the cornerstone of the State. The ruthlessness of collective punishment did not only scare the people; it also guaranteed their cooperation to keep an eye on each other.371

Even if collective punishment was maintained, Emperor Wen Di abolished the punishment of mutilation in 167 BC. Han Shu, the book of the Han, explains the reason behind this step. “The director of the seeds department committed a crime for which he was condemned to mutilation. Greatly distressed by this, the youngest daughter of this official wrote the emperor, offering herself to serve as a slave to the imperial household to make up for her father’s offense. Greatly moved by the girl’s suffering, the emperor decreed the abolition of mutilation to punish crimes, as was prescribed by the law.”372 In short, thanks to the heartfelt words of a little girl—and to an emperor’s sense of mercy— the laws of the Chinese estate took on a formidable twist with the first-ever recognition of a fundamental human right. It seems that someone finally listened to Confucius’ idea that an emperor and a daughter ought to behave in accordance with their position in the five basic relationships.

El The Book of Filial Piety was one Confucian book that was burned by Emperor Qin, but it was discovered that the Imperial Library of the Han conserved two copies of it (1 BC). This most valuable memento of ancient China expounds on the virtue that Chinese moralists and sovereigns of long past celebrated as a fundamental principle of human virtue—the great source of happiness in society and the bond that strengthens and

371 Lewis, M. E. (2007), p. 233 372 Liu, Y.P. (1998), p. 302 160 stabilizes a nation.373

A few words from Confucius underscores the importance of this virtue: “There are three thousand violations that the five punishments address, but there is nothing worse than the lack of filial piety. The importance of severely punishing impiety arises from the need to avoid anarchy: parents are not respected, neither would the sovereign be respected. That is, his superiority is not recognized and when one denies the authority of the wise, the one denies the law. The road to anarchy is opened when one forgets filial piety, the love for one’s parents.”374

Starting with the Han Dynasty, the Classic of Filial Piety came to be a favorite of the emperors. The first and the eighth emperors of the Jin Dynasty (317-419 AD), the first and third emperors of the Liang Dynasty (502-556 AD?, the ninth of the Wei Dynasty (386-534 AD) and the first three emperors of the Qing Dynasty (1644-1911 AD) wrote and published extensive commentaries on this book.

The first chapter explains the importance of this virtue: “Confucius said, the sage- emperors were men of perfect virtue and their conduct embraced all. By these norms, they agreed with everything under Heaven. Practicing them, the people lived in peace and harmony and there was no hate between rulers and their subjects. Now filial piety is the center and root of all the other virtues and from them spring all the moral teachings. Our bodies, down to the last strand of hair and the lowest piece of flesh, were given to us by our parents. What is left to us is to hurt or damage it.”375

The etymology of the word “filial piety,” that is, its the Chinese symbolcharacter, cannot be more expressive: a child carrying an old man on his shoulders. The Classic of Filial Piety was considered the first among the ancient Classics because “filial piety must be seen as primordial to the people: the gift of life received from one’s parents is as great as Heaven itself.”376

Filial piety is the cornerstone of Chinese civilization. A disciple of Confucius addressed the Master: “I dare ask if the those sages could have thought of a virtue that was greater or lesser than filial piety?” Confucius replied, “Among all the creatures on earth with their different natures, man is the noblest. Among all of man’s actions, there is nothing greater than filial piety. In the exercise of filial piety, there is nothing greater than reverential fear of one’s parents. In this fear inspired by reverence, there is nothing

373 Classic of Filial Piety (1879), p. 5 374 Classic of Filial Piety (1879), Chap. XI, p. 30 375 Classic of Filial Piety (1879), Chap. I, pp. 16-17 376 Wang, Y.L. (2000), p. 81 161 greater than seeing the plan of Heaven in one’s parents. The Duke of Zhou was among the first who did this.”

The author of this book then puts these words in Confucius’ mouth: “In ancient times, the sage kings governed everything under Heaven by means of filial piety. They never dared to be disrespectful when receiving any minister, even those from the smaller states. With greater reason were they never inconsiderate with dukes and barons. Thus, they made sure that the princes of all the states gladly participated in the ceremonies dedicated to the spirits of the royal ancestors.”377

These counsels suggest that Confucius considered filial piety as the foundation of good governance: It is one’s duty to treat well those who are closest to him. It is of primary importance to treat one’s parents and brothers with immense consideration; this extends to those who are farther from him. Thus being good to those who are close by will attract those who are afar. These are the main ideas of The Classic of Filial Piety. The search for peace and harmony and due consideration for one’s family permeated the dynasties for 2000 years, beginning with the Han Dynasty.

During the mid-Han Dynasty, one minister usurped the imperial powers for a short span. However, once these were restored to the rightful emperors, the dynasty’s commitment to observing the doctrine of the scholars (the Confucians) was renewed and declared the empire’s official ideology. In 59 AD, Emperor Ming Di made a personal appearance at the Great Imperial School to comment on the Five Classics and to resolve the scholars’ doubts on interpreting these texts. It was said that the audience numbered to 5000. Twenty years after (79 AD), Emperor Zhang Di gathered the scholars in the Pavillion of the White Tiger to analyze the Five Classics in his presence. The emperor himself drew his own conclusions and decided which ideas made sense. He then ordered the great historian Ban Gu to put these all into writing.378

A century later, the official versión of The Five Classics was engraved on huge blocks of fine black marble. On these, thousands of laws and documents that dynasty and of the succeeding ones are conserved in China, which today are considered veritable libraries of stone. b. The Life of the People

Besides the historical chronicles, there exist two more minor witnesses of to the life of the people then: the poetry of the time and archeological finds. These two witnesses share

377 Classic of Filial Piety (1879), Chap. VIII, p.24-26 378 Mosterín, J. (2007), p. 175 162 a wealth of information about China during those centuries.

The “House of Music” was established during the long reign of Emperor Wu Di (140-87 BC), successor of Wen Di. This house dedicated itself to gathering and selecting folk songs for the next six centuries. The classic popular songs reflected the life and sentiments of the different social clases, handing down to us a sense of their down-to- earth concerns. The music has since been lost, even as the lyrics have been preserved.

A very popular love poem, The Promise, describes the love of a young woman, who desires to follow her beloved wherever he went. She promises never to stop loving him. Before she makes the promise, the young woman calls upon Heaven as a witness to her love:

“Ah, Heaven! I will love my lord for all my life until death separates us. Mountain peaks will disappear The rivers will run dry Thunder and lightning will beset us in autumn And rain and snow in summer Heaven and earth shall meet before I separate myself from my lord”379

Love is one of the great topics of the poetry of the Han Dynasty, among these, courstship, a woman’s disapproval of men’s unfaithfulness, marriage, happy (and unhappy) marital life, errors in love and the fragility and transcience of love. The pair of Mandarin ducks have always symbolized human love and marital fidelity:

“A pair of mandarin ducks Live in a cinnamon tree in the mount of Nan For a thousand years their necks were intertwined happily and joyfully Without forgetting each other.”380

Another poem has a woman lamenting her husband’s abandonment. Although it is not certain whether this work was composed during the Han Dynasty, it still has the character of poetry during the said period. Here, the abandoned wife still desires the good of her husband even if he had left her because of some neighborhood gossip:

“In my pond willow grows

379 García Noblejas, G. (2008), p. 227 380 García Noblejas, G. (2008), p. 295 163

Many leaves it has! What is right and true in your actions No one but your wife knows Gossip that can melt pure gold Led my lord to live away from me

Remember when my lord departed: loneliness, constant bitterness and desolation When I desire to see my lord's face My feelings overflow and my stomach and heart ache Remembering my lord is constant bitterness and desolation And there is not a night that I sleep

Never do you abandon or despise forever your beloved For one greater and more renowned Never do you abandon or despise onion and garlic If meat and fish are cheap Never do you abandon or despise straw and the marsh plant If hemp and grass are cheap

Sad and bitter I leave my house And upon my return do sadness and bitterness await me Winds of desolation blow over the neighboring fields And how they wail as the trees do. May my lord be happy in his solitude May he live long, for ten thousand autumns381

A more popular work is The Peacock’s Flight to the Southeast, whose autor is unknown. Written during the early Han Dynasty, this poem, along with another anonymously written one, The Ballad of Hua Mu Lan (5 AD) are so well known among the Chinese as “a pair of jade stones.”

In The Peacock’s Flight to the Southeast, one sees the mistake of interfering in the decisions that a married couple make. It is a paean to the inviolability of marriage and favors matrimony and the sovereignty of the family that is founded on a promise of love. It tells of a difficulty encountered by marriage, as an institution, throughout the history of ancient China.

The Peacock's Flight to the Southeast382

381 García Noblejas, G. (2008), p. 391 164

The peacock flies southeast It stops, vacillating, every five li At thirteen I learned to embroider white silk At fourteen, I learned to cut and craft. Since fifteen I had been playing the sitar At eighteen I was reciting verses and poems At seventeen, I married you And I had often been sad from then on.

As the diligent and responsible head of your household I never failed in my duties. I work at cock crow and, when night falls, I am still weaving I finish five meters of silk in three days And my mother-in-law still says I am slow Not that I delay in giving her my work. It is just that a mother in law is never content.

The master of the house speaks to his mother: I happily marry the one I love We are to share the same pillows We are to share joys and sorrows together On my honor till death I shall take care of her Three years have passed since we wed And she has always conducted herself well That you can't see it, I fail to understand

To this his mother answers: Send away your wife quickly Her disrespect goes from bad to worse I cannot have her in this house As I have long contained my indignation She kneels before the master of the house How dare you pray for that woman I have lost all my trust and sympathy because of her I will never allow you to keep her.

The master of the house so quietly returned to his bedroom Tearful, he cannot speak, Then between sobs he stammers:

382 Wu, S.L. (2005), pp. 404-408 165

I would never cast you out But my mother obstinately obliges me. You shall return to the home of your parents for now Let us resign ourselves to wait for your return.

The lady answered: To dDo not trouble yourself! Since I left my parents to enter this house Docilely have I obeyed your mother in everything Solitude and exhaustion now overcome me With filial love I strived to win her love But she sends me off without mercy. Why then speak of my return? But do remember me always.

The woman’s sad departure from her house is described in detail, like smoke from incense:

She who sent her off Waits in the salon She received great goods from the lady Pity she has not corresponded Now I return to the house of my parents With tears falling like pearls Outside the carriage awaits her

The master of the house walks in front He gets off the hourse and enters the carriage With head joined together, he whispers “I vow that our matrimonial bond shall never be cut You will return shortly To heaven we vow never to betray this trust.” The woman answered the master “I thank you for your faithfulness and love.

My elder brother is violent He is enraged over anything I fear that she who gave me life will not let me be But I have to obey her will You, the rock, and I, the reed shall be

166

The reed, tender and firm remains. The frock, solid and fixed, is unchangeable.

When she arrives at her house, the lady meets her mother The mother weeps, disconsolate, Would it not pain me to see you so abandoned? When you were married in a noble ceremony I hoped to have a circumspect in-law

You say you are innocent, But why do you return, sent away? Forgive me, mother, but I have done no wrong Before her mother, the woman feels ruined.

A few days after the woman returns, her mother and brother force her to accept the marriage proposal of the prefect of the place. Once he learned of this, the master of the house hastens to see her and when they meet, she says:

Since you left me What difficulties I had to face! Against all hope, it finally happened. They force me to marry another For obey I must my mother and my brother

With irony the master replied: “I congratulate you on your step higher!” The huge and solid rock never crumbles, It remains unchanged for a thousand years. But the reed with fleeting resistance, Changes in the blink of an eye. You shall step forward to wealth and nobility, While to hell I must go in my solitude.

The woman replies:

Why such heavy words? We are obliged to take the same steps In another world shall we meet. Never have I heard such a distressing lament!

167

With joined hands they take long in their farewells. Each one now must return home Such is the farewell of mortals They are to be separated forever Yet impossible it is to avoid death.

The two exchange promises and die--one after the other. They ask their families to bury them together. After this was done in the mountain of the South, pine and cypress trees were planted on the East and South of their graves:

The branches meet and cover them, Their leaves touch and caress There, birds take shelter, with loving pigeons more in number. Every night they sing face to face Even at dawn they cease not their songs Passersby stop to listen: Let those to come learn For such lessons are never forgotten!

An important lesson drawn from this poem is that of respecting the independence of matrimony, as not even the man’s mother could interfere in the couple’s dilemma. Such encroachment on the sanctity of this institution, along with the immense discrimination against women, prevailed throughout the Imperial Period. Neither were these issues adequately resolved when China moved on to the Republican Period.

In 1972, archeological discoveries threw new light on the life and death of a woman of the Han Dynasty. Apparently, archeology has seemed kinder to the Han women. In the outskirts of Changsha, the capital of Hunan province, a group of scientists uncovered a tomb from the early Han period (165 BC). The embroidered silk banner draped over the coffin depicted Hell in the lower part; the middle portion depicted the world of men; and the upper portion, Heaven. The central figure of this exquisite work is a woman being attended to by her maid servants as she passed on to the next world, to Heaven, which is shown as bigger and vaster than the other two worlds. All the symbols in this embroidery, like the nine suns, the goddess Nu Wa, the rabbit in the moon and the vestments, come from Chinese mythology, reflecting the religious beliefs of the ancients, long before Buddhism emerged in China.

The remains of the woman were perfectly preserved by four coffins of finely lacquered wood and crafted to fit one inside the other. The woman was garbed in 20 silk and linen vestments, all lushly fashioned for the four seasons of the year. In a nearby tomb rested

168 her son, a man about 30 years old. This tomb yielded another precious find: by the man’s body were ancient books written on silk, which included some of the Classics—The Classic of Changes and Lao Tzu’s Dao De Jing.

The above-mentioned discoveries took place in an area known as Mawangdui. As with other archeological findings, these modern-day discoveries confirm and enrich China’s cultural heritage. For example the version of The Classic of Changes found in Mawangdui was 400 years older than the then-existing one.

The seals found on the first tomb indicated that the woman was Xin Zhui, Marchioness of Dai. Her tomb was arranged like a house, with an entrance and a living room surrounded by curtains. In it were 23 wooden figures of people singing and dancing. An incense stand was at the entrance, perhaps to perfume the whole place. And, just like a good woman of her time, Xin Zhui had her collection of ornamental hair combs and cosmetics which no woman of today would even bother to covet.

Further off, on a small lacquered table, was a complete set of plates and food. The other three rooms contained up to a hundred dresses, various shoes, socks and gloves, and even baskets filled with seeds and fruits. A total of over 700 lacquered or varnished decorative wooden items were found there. The coffins had about a dozen layers of lacquer and were further embellished with engravings. More than being beautiful to behold, this aesthetic technique protected the inside of the coffins from humidity and corrosion. A few years earlier, the Emperor had prohibited the use of bronze for burials, and even as the Dai family complied with this command, they obviously did their best to lavish their beloved dead with all the care they could muster.383

Historical records of the Zhou Dynasty mention in their chronology the tyrant Zhouxin, the last king of the Shang Dynasty. According to these records, when the king was cornered by his enemies, “he covered himself with a jade vestment and killed himself by leaping into the flames” (1046 BC). The ancients believed that fine jade more than adequately protected the body. A thousand years later, during the Han Dynasty, it was a frequent practice to fashion jade shrouds. 1n Mancheng in Hubei province, a tomb and a series of others that were discovered from 1968 onwards had preserved items that looked like breastplates made with fine jade pieces sewn together using silk thread or gold, silver and copper filigree strands. To date, more than 20 of such garments for the dead were unearthed. Typical of such attire was the one worn by Liu Sheng, a prince of the Han Dynasty. It was made of 2,498 jade pieces that covered the prince’s body from head to toe. The body of his wife was also encased in jade.384

383 Zhang, D.X. (2007) pp. 50-83 384 Li, L. (2004), pp. 28-29 169

A constant among these archeological discoveries is proof that people in Ancient China firmly believed in an Afterlife. From the mid-20th century onwards, these discoveries grew in number and frequency, in part due to the country’s growing number of infrastructure projects that entailed much digging, as well as to an increased awareness of the need to recover the nation’s patrimony and cultural heritage.

The Han Dynasty, for example, began to spread the practice of embellishing the walls of their burial chambers with paintings. Such chambers that belonged to people from all social classes were decorated with drawings on the brick or stone walls. The stone walls were first sculpted, engraved or rendered in bas relief before they were painted. Many of these works, however, did not withstand the test of time. Nonetheless, after the Han Dynasty, even if the paint on these stone sculptures had already faded, they still impart important lessons about the history of the Chinese people.

These walls in the burial chambers told stories of the day-to-day living and social activities of its deceased occupants: stories of their chariot or horse rides, visits to friends, banquets, domestic activities, music and dancing. There were scenes that depicted love for their parents, paid tribute to chaste maidens, the hustle and bustle of a regular day, like people weaving, smelting iron and fermenting wine; and worship of the gods Nu Wa, Fu Xi and the Empress Mother of the West. These drawings graphically re-live the people’s desire to live on in the next life and to ascend to Heaven. Other walls show scenes from the Confucian classics, among which stands out the figure of Duke of Zhou.385

Historical records likewise tell us that there were 130,285 government officials during the rule of Emperor Ai (6-1 BC).386 It is estimated that China’s population then amounted to 60,000,000 and the territory measured some 3 ,000,000 million square kilometers. The officials of the central government were few and intervened in the peoples’ affairs in a few exceptional cases. The peasant class, which constituted over 90% of the populace, lived as family units where the head of each clan dealt with the government officials only in matters that involved both the family and the State, like the payment of taxes and military recruitment.

In contrast to the minimal intervention of the government officials in running the State was the presence of hundreds of the emperor’s concubines in the imperial palace. The ambition of the empresses and their children was one risk that many -an emperor ran faced through the centuries. However this peaked during the Han Dynasty. The palace

385 Li, L. (2004), pp. 86-89 386 Liu, Y.P. (1998), p. 45 170 was filled with eunuchs who were entrusted with looking after the emperors’ women. Somewhere during the middle of 2 AD, the families of the imperial consorts connived with the palace eunuchs to monopolize the official tasks. Thus, courts were literally overthrown through bloodbaths. The eunuchs dominated in 167 AD but they eventually paid a high price for this when 2000 eunuchs were massacred in 189 AD.387 Political turmoil at the close of 2 AD casted a shadow on the empire’s venerated scholarly tradition. The Han archives and imperial library were destroyed in 190 AD when Luoyang was sacked.

While the imperial palace was embroiled in internal intrigues owing to the presence of too many women for one man, outside its walls, public concerns fell into neglect. The dikes and canals were not repaired; the storehouses for grain were empty; natural disasters brought about starvation and the roads were filled with hungry vagabonds who quickly banded together to instigate rebellion. These peasant bands evolved into a single movement dubbed The Yellow Turbans, the color that they decided should replace the Han’s red, once they overthrew the dynasty. The Yellow Turbans grew at an astonishing rate such that, by 184 AD, it had 300,000 members. However, repressive action led to the death of about half a million of its members and the movement was eventually squelchcrushed.

The second century AD witnessed a renaissance of classical thought but with a viewpoint different from that of 4 and 3 BC. The points for reflection focused on the functional organization of society: one was assigned to a position that suited one’s personality, talents and capabilities. Wang Su (195-256 AD), who was concerned about the problems of social hierarchies made commentaries on The Classics, where he rejected all esoteric interpretations of the texts.388 Once again, pragmatism drowned out the search for human transcendence.

The qualifications of individuals came to be the favored topic of discussion among intellectuals at the beginning of 3 AD. This free-wheeling, impartial dialogue, which was called “pure conversation,” was characterized by praise for cultured words, the sharing of good news and the distinctiveness of language that gradually touched on literary, artistic, moral and philosophical topics.

Almost simultaneously, a few years later, in Szechuan—the most highly populated Chinese province—there arose a deeply egalitarian/religious movement that revolved around its leader, Zhang Daoling, who made Taoism an organized religion with its own rituals and hierarchy. Zhang did not propose the transcendence of man after one; rather,

387 Folch, D. (2002), pp. 226 and 235 388 Gernet, J. (2008), pp.186-187 171 he concentrated on searching for longevity and the fountain of youth--immortality.389 c. Taoism as a religion

The great writer Lu Xun (1881-1936 BC) sustained that China is rooted in and founded on Taoism. A distant observer may have reason enough to believe that the roots of China may also be found in Confucianism and Buddhism but Lu Xun’s commentary is worth analyzing. During the reign of Emperor Shun Di (126-144 AD) Master Zhang Daoling founded on Mount Heming in Szechuan province the Way of the Celestial Masters, which eventually became the Taoist religion whose teachings are based on Lao Tzu and Chuang Tzu.

Zhang Daoling emphasized life as a treasure that one could never value enough and therefore should be safeguarded by all means. The goal of Taoism is to become a xianren, a sage-saint, which is often translated in the West as “immortal.” Immortality here is not viewed as purely spiritual; one tries to achieve physical immortality as well. Taoist immortals are those men or women who, through good acts, achieve immortality and move on to live in the marvelous islands in the Eastern sea, or Mount Kunlun in Yunnan province.

The Tao (Dao) is the internal law of all things--the way of man and the essence of the universe. It embraces all things, both material and spiritual. The Way (Dao) is manifested in each man through Virtue (De)—better said, virtue is the manifestation of man’s way. According to Taoist writings, longevity is solely achieved through benevolence. Only the man who is noble in spirit and who has performed many good acts can develop himself and so become god-like, that is, an immortal.390

The Tao follows the Way of spontaneity, uninfluenced by elements from the outside world. The Taoist loves Nature and naturalness. Spontaneity is perhaps the most distinctive feature of Taoism. All things, including human society, have to follow their own nature, and the way to achieve this is Lao Tzu’s doctrine of “non-action,” which does not mean passivity or laziness, but spontaneously going with the flow of the nature of things without yielding to selfishness or whimsy. Each one must respect Nature and the internal laws of things.

In Heshang Gong’s Commentaries on the Book de Lao Tzu, one reads that when the principle of non-intervention is applied to one's body, the Tao does the spirit well. As regards the affairs of the State, when the government's decisions are infused with the

389 Folch, D. (2002), p. 236 390 Yin, Z.H. (2005), pp. 25-26 172 principle of non-intervention, then the Tao benefits the people.391 The Tao becomes the government’s regulating principle, that is, non-intervention cultivates the mind and helps one to know how to behave in society.

Taoism preaches a god that specializes in administering reward or punishment to those who deserve one or the other. This god depends on an organization formed by numerous subordinates who help him monitor and police the behavior of every person. In fact, each one has an inner god called “the three cadavers” who takes charge of this task.

Apart from the three cadavers, each person has “the kitchen god” who lives in the kitchen of every household. Once a year, the personal god and the family god go to Heaven to report one’s merits and failings. No word, action or whim escapes their notice; and every person is duly rewarded or punished. For minor offenses, one suffers some penalty but for grave crimes, great misfortune, even death, can befall the person. On the other hand, a person who performs good acts lives longer. This system of reward and retribution is strict and exempts no one.392

The central aspect of Taoist belief revolves around the idea of achieving immortality through good works. Taoism’s search for immortality is reduced to a set of techniques that aim to prolong life. These range from rhythmic breathing to taking “immortality” drugs. The idea of the former is to “inhale the new and exhale the old” such that one’s inner energy is preserved and inner power, intensified, thus guaranteeing a full life.393

As for the latter, the search for the elixir of immortality had gone on for centuries, with people performing numerous experiments and even founding the so-called Iron Temple. One of the older documents on alchemy, Zhou yi can tong qi (2 AD), for instance, explores the use of mercury, lead, sulfur, gold and silver.

However, the Taoist discipline to achieve immortality is best represented by Master Bao Pu. According to the Master, the Taoist commits himself to live in the spirit of truth and to develop one's virtues. Anyone who desires immortality must practice filial piety, loyalty, amiability, spontaneity, benevolence and honesty.394

What's more, for the Taoist, one's life lies in his hands. Each one determines how long he is t o live, depending on how he practices the virtues. In other words, good people live forever, but the evil die sooner. This motivates one to aspire to be good and to rely on his

391 Yin, Z.H. (2005), p. 27 392 Yin, Z.H. (2005), p. 29 393 Preciado, I. (1998), p. 149 394 Yin, Z.H. (2005), p. 33 173 own efforts to be so, without expecting others, not even the State, to help him. Finally, the good Taoist hopes that the ruler, moved by this very spirit, would not interfere in his family or personal life.

A typical characteristic of the Taoist is his spirit of helping others and of contributing to the common good, especially during times of natural disaster, as these present golden opportunities to practice non-intervention with Nature, as such incidents demand one to help the victims of Nature's wrath.

The Taoist's spirit of tolerance is also proverbial, as Taoism preaches openness to other cultures, as long as people’s respective natures are respected. They are accepted and respected as they are and one must not try to impose on them their own culture or practices.

The search for immortality brings man to lead a peaceful life and to be happy with what he has, emptying himself of passion, selfish desires, shameful actions, and the unbridled desire for fame and honor, as such human tendencies violate the nature of things. The Taoist tries acquire maximum interior peace by not wearying himself out in the pursuit of such desires and not engaging in unnecessary action. Consequently, one lives at peace with himself and lives in harmony with others and with Nature.

However, man is not alone. To achieve immortality, the Taoist depends on numerous gods or immortals who, on one hand, serve as models to emulate and, on the other hand, have the mission to protect men. Thus, following their example and relying on their protection, one can enjoy “a long life without knowing of death.” The Immortals possess the essence of the origins of the Universe, because they came from it or because they have attained the state of perfect virtue. They personify the Dao.

The Immortals appear as ordinary men and women but with special powers. For example, they can move around with great speed and control the wind and the rain. The Immortals bless men who obey them and punish those who do not. In their celestial world, a certain hierarchy exists among the Immortals, with the lesser deities obeying the greater ones. They observe a clear-cut division of work in their common task of overseeing the world of mortals.395

While some of the Immortals live in Heaven, some hold residence on Earth. There are 46 sacred spots where the Immortals sent by Heaven dwell, and 72 places where men or women who have achieved immortality oversee the concerns of men and distribute the mission to convert men to the Way. All these places are considered sacred and Taoist

395 Wang, Y. (2004), p. 60 174 temples have been erected on them

The supreme gods in heaven are the following: the Celestial Sage of Pre-Existence, also called the Emperor of Pure Jade, who created the universe; the Celestial Sage of the Pure Gem; and the Celestial Sage of the Way and of Virtue. The first deity has a statue in the main altar located in the central hall of each Taoist temple. His empty hands symbolize the world before it took shape. The Sage of the Pure Gem is usually represented as an old man holding a Ruyi396 in one hand and his statue is positioned at the left side of the main altar. Finally, the Sage of the Way and of Virtue is identified as Lao Tzu himself, whose statue that is positioned at the right of the main altar shows him as a snowy-haired old man.397

Next to these three Immortals is the Emperor of Jade, who is charged with governing Heaven. This god is dressed like an emperor of this world. His wife, the Queen Mother of the West, heads all the goddesses in heaven. All men and women who attain immortality are required to pay their respects to the Queen Mother. Here on Earth, one’s birthday celebration would be incomplete without peaches, for it is believed that anyone who is lucky to have eaten a peach from the Queen Mother would live forever.

Among the extensive roster of gods, we can highlight the following: the Queen of the Earth, who is in charge of the growth of the population; the Great Emperor of Long Life, who decides the number of years each man is to enjoy; the Mother of the Big Dipper, or the Mother of the Star, who has eight arms that represent the cardinal directions; the god of students; the god of war; the god of the mountains; the god of the villas; and the god of prosperity. The divine General Wang is an Immortal who guards the temples and palaces. He is represented as a god with three eyes with which he can see all things in heaven and earth and in the hearts of men.398

One may conclude that the Taoist belief in great value on life—immortality or, at the least, longevity—is the ideal that every man can achieve. The Queen Mother of the West would grant this on someone’s birthday. This means that men form part of the divine family. The Immortals are tasked with protecting men, as seen in the presence of the Kitchen God who watches over each household. In a way, the Immortals represent Taoism, just as the ancestral spirits represent Confucianism. For both, filial piety and benevolence stand out among the good works that one can perform to achieve immortality, thus Taoism as a religion is closer to Confucianism than Taoism as a

396 The Ru Yi is a precious ítem used by the emperors when they make decisions in their capacity as emperors, such as when issuing an order or granting a favor. This S-shaped ítem is a symbol of power, similar to that of the royal scepter of the Western kings. 397 Wang, Y. (2004), pp. 64-67 398 Wang, Y. (2004), pp. 67-92 175 philosophy. Contrary to Chuang Tzu’s suggestion, the four-century interval between the founding of these two schools of thought should be sufficient proof that they can be compatible with each other.

In China’s history, two families had consistently been honored through the centuries. These are the family of Confucius, who was born in Qufu in Shandong province, and the family of Zhang Daoling, who, since 3 AD, had held the title of Celestial Master. Zhang was born in the Mountain of the Tiger and Dragon in the province of Jiangxi.399

399 Wang, Y. (2004), p. 35 176

177

Chapter VI The Influence of Buddhism

1. Historical Context

Another milestone in China's history took place during the Han Dynasty: at the beginning of 1 BC, the first Buddhist monks from India and Central Asia set foot on Chinese soil. These monks assumed a gargantuan task that would take centuries to accomplish, that is, the translation and adaptation of the doctrine of Sakyiamuni to the then-prevalent Confucian and Taoist mindsets.

China's Classical Period closed with the fall of the Han Dynasty in 220. The empire was shaken by the armies from the various tribes that invaded from beyond the northern frontier. From then on, only the south was spared of barbarian forays. A period of political instability opened, where dynasty upon dynasty succeeded one other in the intense struggle to control the territory's different regions.

During this period known as the Era of the Three Kingdoms (220-280), there was a resurgence of interest in the works of Lao Tzu and Chuang Tzu. From 280 to 316, the Era of the Three Kingdoms witnessed a brief period of unity. However, by 316, the unity was once again shattered after a series of attempts from the North to consolidate the unification of the empire. In 589 AD, the Sui put an end to this period of division between the North and the South.

The fall of the Han Dynasty also generated growing disillusion with Confucianism, the Han's official ideology. This overall sense of instability in all aspects of the people's life brought about the loosening of social ties and brought to the fore the individual person as the focus and subject matter of thought and sentiments.400

The first foreign religion came to China against this socio-political backdrop. The reality is that China's first contact with Buddhism intensified only during the first century of our era, or during the mid-Han period; and it took just 200 years for it to take root and be accepted by vast sectors of Chinese society.

The Chinese philosophers of old, particularly Confucius and Mencius, greatly

400 Franke, H (1993), p.125 178 emphasized man's place in society. They envisioned a system where social peace and harmony reflected the interior peace in man and harmony within the family. One's relationship with those close to him was the model for a harmonious society. The ancestral spirits were considered part of the family and one's relationship with them was characterized by immense gratitude, manifested by external gestures of respect and veneration. This relationship was considered similar to and as strong as that of a son towards his father.

However, even if the above-mentioned philosophers acknowledged the immortality of the soul and had profound reverence for their ancestors, they never tried to give their own thoughts about the Afterlife. They accepted that Heaven acted on men's lives by rewarding the good and punishing the evil, but only during one's earthly life. No one, neither emperor nor the humblest subject, escaped Heaven's mandate. Chinese philosophy focused on the “here and now.” It was all about life, not death; from this was drawn the interest in the practical dimensions of social living.

As an antithesis to this world view, there came from India a speculative, contemplative religion that was concerned about meditation and man's destiny after death. This time, to the Chinese truths about Heaven were added the 18 levels of Hell. Those who committed injustices in life pay a high price after they die. In the face of human misery, Buddhism opened doors to hope for a better future through the doctrine of transmigration. The Indian sages contemplated the future, which is why Buddhism time and again offers one a chance for a “fresh start” and so, under a new life form, make up for the misdeeds committed in one's former life.

Thus when asked, “What then is the difference between one who dies following the way of Buddha and one who does not?” a Buddhist monk would answer, when those who follow the Way die, their souls go to Paradise; while death spells only misfortune for the souls of evildoers.401 Men are freed through good works done during their different life times.

Buddhism opened to eastern society the possibility of conversion: that one decide to live, aware of the consequences of one's actions in this present life; that after death, good acts will obtain future happiness for one, while evil acts will only bring disaster. This foreign doctrine had to be adapted to the sense of social harmony that had moulded Chinese society for centuries, particularly that which had to do with the order and respect for the five human relationships.

Some scholars opine that Buddhism reached China around 2 AD. Others adhere to the

401 Chen, K. (1973), p. 46 179 ancient tradition that in 64 AD, “Emperor Ming Di (58-75) had a dream of a golden man adorned with a brilliant necklace flying all night over the imperial palace. The next morning, he consulted his ministers and advisers about this dream. One of them informed him of a god in the West named Buddha and that he might have been the one who appeared to him in the dream. Convinced that this was so, the emperor sends a delegation of 18 to India to seek out the Buddhist doctrine.”402 Imperial records indicate that the said delegation arrived in 70 AD.

This was the first step to official contact that China had with the religion of India. One of the books that the delegation brought back was the Sutra in 42 Sections. This Sutra is significant for being the first book through which the Chinese people received the teachings that Buddha had been preaching to his disciples for the past five centuries. It explains how one distinguishes good from evil: “The Buddha said, "There are ten things considered good by all beings, and ten things evil. What are they? Three of them depend upon the body, four upon the mouth, and three upon the mind. The three evil deeds depending upon the body are: killing, stealing and unchaste deeds. The four depending upon the mouth are: slandering, cursing, lying and flattery. The three depending upon the mind are: jealousy, hatred and ignorance. All these things are not in keeping with the Holy Way, and are therefore evil. When these evils are not done, they are ten good deeds."403

The Sutra likewise explains, “when you see someone act with charity, gladly help and you will obtain great blessings.” A disciple asked the Master, “Is there a limit to these blessings?” Buddha replied, “Think of the flames of a torch. Even if hundreds of thousands light their torches with it to cook or to find their way in the dark, the flame of the first torch remains the same. So too are the blessings.”404

As regards the respect that Buddhist monks ought to have for women, the Sutra teaches, “The Buddha said, "O monks, you should not see women. (If you have to see them), refrain from talking to them. (If you have to talk to them), you should reflect in a right spirit: 'I am now a homeless mendicant. In the world of sin, I must behave myself like unto the lotus flower whose purity is not defiled by the mud. Old ones I will treat as my mother; elderly ones as elder sisters; younger ones as younger sisters; and little ones as daughters.' And in all this you should harbour no evil thoughts, but think of salvation." 405

In a Confucian society, teachings like those from the Sutra captured attention and were

402 Zheng, L.X. (2007), p. 7 403 Sutra in 42 Sections (1998), section 4, p. 12. We shall be using the translation of Upasaka Shou Ien. 404 Sutra in 42 Sections (1998), Section 10, p. 18 405 Sutra in 42 Sections (1998), Sections 29, p. 39 180 either welcomed or rejected. Buddhism in its original form differed radically from Chinese tradition in almost everything—from the lifestyle of the monks to their view of life and the world, where one can only find suffering. Nevertheless, it agrees with Confucianism when it comes to affirming the importance of the family, benevolence and morality. For Confucius, living the virtues is a social duty; for Buddha, it is the means to avoid the consequences of evil deeds.

The first pieces of Buddhist literature that reached China underwent numerous changes throughout history. For one, China only accepted Buddhism in the first centuries of our era, where Buddha's teachings were translated to Chinese and gradually adapted to the local mentality. Furthermore, the traditional Buddhist terms were redefined to approximate those of Taoism, the school of thought that the Chinese were accustomed to. Finally, analogies between Buddhist and Taoist ideas were established, based on the texts from Lao Tzu's Tao Te Ching and the Chuang Tzu.406 Lao Tzu and the Taoist immortals were eventually turned into Buddhist gods.

The translation of the sacred Hindu texts to Chinese was a lengthy process because, among others, there was a law enforced during the Han Dynasty that prohibited people from becoming monks and turning their backs to the secular world.

Still, the Han Dynasty increased its contact with India, as many Hindu monks had already made China their home. In 2 AD, a school for translators of Buddhist sutras was established in Luoyang, east of Xian. There, from 148 to 168 AD, An Shi Kao, a monk of Parthian roots, translated to Chinese a great number of important works, among which was the Sutra in Forty-Two Sections, outstanding for its clarity, simplicity and brevity. Many of Buddhism's fundamental characteristics are recorded in the first of these:

The First Section of the Sutra:

“The world is passing The world is filled with danger and exposed to destruction The great elements—earth, water, fire, air—cause suffering; they are empty The five components of man, his body, his senses, his sensations, his conscience and his will lack substance They arise, they die, they are in constant flux, they are not real The mind is the source of evil The body is the seat of impurity Meditating, reflecting this way

406 Bishop, D. (1985), pp. 196-198 181

One is gradually freed from the samsara, or the series of births and deaths”.407

According to Buddha's original teachings, the world has three characteristics: it is transitory, which is synonymous to suffering and the lack of substance. In this world, man only has an apparent, unreal and ephemeral existence that always depends on other causes. Man is born to suffer. To avoid this, man should detach himself from physical and mental impurities and so acquire enlightenment. “If the disciple of Buddha recites these Eight Learnings and constantly meditates on them, he will destroy an infinite number of evils, advance quickly towards illumination and be happy forever.”408

During the Era of the Three Kingdoms (220-265) the prohibition against becoming a monk was eradicated, giving rise to the mushrooming of Buddhist temples in the land. A book by Mou Tzu containing clarifications on certain doubts about Buddhism dates back to the said period. Henry Maspero believes that this book was written between 225 and 250 AD as it carries passages that are very similar to some parts of a biography of Buddha written between 222 and 228 AD.409 This text reflects the author's interest to dissipate apprehensions that the Chinese world would have about Buddhism.

Mou Tzu defends Buddhism using a question-and-answer format. Thus arise questions, like: How is it that the great and venerable teachings of Buddha were not practiced by the sages of old, Yao, Shun, the Duke of Zhou or Confucius? How can Buddhism affirm that when a person dies, one is simply reborn into another life? Mou Tzu answers the first question saying that it irrelevant that Buddha does not figure at all in the Classics. If a medicine cures, then it is good even if nothing has ever been written about it. Therefore, the doctrine of Buddha is good and the sages of old followed it without having to write about it.

As for the second question, Mou Tzu explains that “at the moment of death, only the body dies but the soul or spirit remains always alive. The body is like the leaves and roots of a plant, while the soul is like the seed. The leaves and roots wither and die but the seeds live on forever, producing new plants.”410 In this explanation, Mou Tzu already departs from Buddha's original doctrine. As we shall see later, Buddha always maintained that there was no such thing as an immortal soul.

Mou Tzu's book is of great interest for being the first written treatise in Chinese and a testimony to the efforts of Buddhist scholars from the very start to make Buddha's

407 Tola, F. and Dragonetti, C. (2002), pp. 107-119 408 Tola, F. and Dragonetti, C. (2002), p. 122 409 Chen, K. (1973), pp. 36-37 410 Chen, K.(1973), pp. 38-40 182 teachings understandable in the land of Confucius. Mou Tzu dedicates a chapter of his book to explain how ancestor worship could be incorporated in Buddhism: the rites and sacrifices offered to the ancestral spirits are, in Buddhist terms, forms of prayer for a dead relative so that he or she may happily live again in a new body and so enter Nirvana.411

Around 310 AD, another Buddhist monk, Fo Tucheng, arrived in Luoyang, which was then headed by General Shi Li, who terrorized the citizens by punishing people for crimes that they did not commit. Risking his own life, the monk managed to convince the general that he was doing the people a great wrong, and so saved the lives of many. General Shi Li eventually became the founder of the Zhao Dynasty (319-351 AD). During his reign and those of his successors, Buddhist temples flourished in the northern part of China. It is said that Fo Tucheng converted thousands and spearheaded the construction of over 8000 temples.412

Another important literary figure of his time was Sun Cho (300-380 AD), who in his Treatise to Illustrate the Tao, affirms that the difference between Confucianism and Buddhism is only formal. Buddhism addresses the interior man, while Confucianism deals with one's social conduct. The differences between the two are circumstantial; they are identical in their innate nature. The Duke of Zhou and Confucius identify themselves with Buddha and Buddha is identical to the Duke of Zhou and Confucius.”413

Confucius was interested in what man ought to do, while Buddha focused on the suffering that man should avoid. Confucius was concerned about social harmony that is achieved by man's effort to be good and to overcome his selfish tendencies. To go about this Confucius suggested that man avoid doing anything that he would later regret; and the first virtue that he must develop is that of filial piety. Buddha, on the other hand, centered his attention on the individual overcoming his suffering and misery by reaching a state of Emptiness, emptying one's self of sensual desires and attachment to one's own life. To do this, man should be good and strive to suppress his passions. Thus, by achieving this state of total detachment and enlightenment, man has no need to repent of anything.

A recent story about the life of the Venerable Hsuan Hua confirms a Buddhist attitude in accepting Chinese cultural tradition: “The first of ten thousand virtues, and the foundation of nobility is to be filial. Since childhood, the master wished to be an emperor but changed his mind after having seen a dead young woman. He no longer wanted people to bow to him; on the contrary, he desired to bow to others. At 12 years old, he

411 Franke, H. (1993), p. 133 412 Zheng, L.X. (2007), pp. 11-12 413 Chen, K. (1973), pp. 46 and 68 183 began to revere his parents every day. At first, they did not like to see him bow and make reverence to them but it gradually pleased them to see their son change his habits and grow in wisdom and virtue. In two and a half years, Hsuan Hua mastered the Four Books—Neo-Confucianism--and the Five Classics—Confucianism--and extensively studies other texts. Above all, he held in great esteem the Buddhist sutras.”414

China then was politically divided between the North and the South. All of the emperors of the south, the Sung (420-479 AD), Qi (479-502 AD), Liang (502-557 AD), and Chen (557-589 AD), supported the development and spread of Buddhism. Liang in particular, previously a follower of Taoism, was an avid supporter. In 504 AD, Liang declared that he was converting from Taoism to Buddhism. He contributed to the building of Buddhist monasteries, shrines and statues. He even renounced the monarchy four times to engage in manual work in a local monastery, but each time his ministers paid generous sums to get him back to the throne.

In the North, the monarchs of five dynasties as a majority supported Buddhism. These emperors expressed their devotion literally through monumental works. They had underground temples built near Datong, the capital of the North. Inspired by other religious centers of inner Asia, these temples boasted gigantic rock walls that were carved into huge statues which have lasted the wear and tear of time. Art was definitely transformed and enriched by Buddhist architecture as well as by its religious paintings and sculpture.415 Another impressive example are the grottos of Dunhuang in Gansu province, popularly known as the Grottos of the Thousand Buddhas. From 4 AD, the Buddhist monks started digging through the mountainsides and cliffs to fashion places of worship that also served as their homes. Many of these grottos feature statues and paintings of Guanyin, a god celebrated for his great mercy.

Thus in the span comprising the Wei Dynasty in the north (386-534 AD) until the Zhou Dynasty in the north (557-581 AD), the number of Buddhist monks and nuns reached a record two million. The number however experienced a huge dip in 438 and 574 AD when brief but cruel persecutions were unleashed in attempts to suppress the religion.416

Towards 6 AD, a variety of Buddhist sects existed in China. Zhi Yi (531-597 AD), Grand Master of the school of Tian Tai (Celestial Terraces) and lover of order and harmony, insisted that none of the teachings of the other sects were false and that all can prove that they are legitimately founded on the teachings of Sakiamuni.

414 Hsuan, H. (1994), pp. 7-14 415 Franke, H. (1993), p. 133 416 Zheng, L.X. (2007), pp. 13-14 184

Zhi Yi's basis for this affirmation is as follows: “Everything that exists, everything that is caused, all the phenomena are almost an illusion. Things appear to be real at the moment they are produced but then fade into the Nothingness. The Universe only exists in each one's mind. Any object that we give a name to does not really exist. The very name is nothingness. All the elements and all the names arise in the imagination; neither does imagination, by which things are imagined as nothingness, exist. The eye does not see forms, the mind does not recognize ideas. This is the supreme truth that the world is unable to see.”417

Classical Chinese thought has remained almost completely silent regarding the future of living beings after they die. Buddhism offered hope amidst great social instability where suffering was the order of the day. Nirvana was posed as a future life devoid of suffering. Whoever reached it shall no longer suffer; it was a goal that even the humblest of men could achieve.418

While the disciple of Confucius lives in his house with his family, works in the street or in the palace, prospers, builds great canals and marvellous walls, and rides into battle, the follower of Buddha is a pacifist who lives in the mountains and whose work revolves around Nature, seeking to constantly live the maximum self-detachment at the heart of the most wondrous peaks in China--which is why there, one finds the most exquisite Buddhist temples.

Buddha was more of a moral master than a religious one; one with a sensitive and generous heart that perceived life's miseries and which brought him to heroically find the means to free himself of suffering so that he might help others do the same.

Nevertheless, Confucius or Buddha are no match to Shang Di, the Lord of Heaven, from whom the emperors received the mandate to govern. Neither can they compete with the supremacy of Heaven itself, which closely follows the flow of human history and wields punishment when due. Neither of these two Masters ever tried to seize the power of God or of Heaven. For Confucius, the goal was to contribute to establishing a better society; for Buddha, it was to eliminate personal suffering and those of others.

2. The Doctrine of Buddha

Around 560-480 BC, Gautama Sakiamuni, better known as Buddha (The Enlightened One) was Crown Prince of a small Hindu state at the feet of the Himalayas. On his four excursions outside the palace, his encounters with an old man, a sick person, a corpse and

417 Tola, F. and Dragonetti, C. (2002), pp. 88-89 418 Creel, H.G. (1953), p. 197 185 a monk made deep impressions on him. This was how he discovered the reality of human suffering. He then left the palace and renounced the luxuries and delights of life. After spending six years practicing the heroic asceticism of the Hindu saints, he realized that wisdom was not achieved through rigorous austerity.

His original doctrine, the Doctrine of the Mean, is simple: live with moderation and away from sensual indulgence and excessive asceticism. This moderation should be exercised in the totality of man's existence, embracing one's physical as well as mental activities.

“A free and devout man who, as a result of his austere life and self-deprivation becomes confused, of sickly mind and even unable to know the material world. A man does not become wise and knowledgable of the laws of life by means of austerity; he who gives free reign to his sensual pleasures is opposed to the good. Those who are led by sensuality cannot find the way to overcome their desires. That is why I renounce both extremes: my heart is firmly set on The Way of the Mean.”419

Even if Buddha did not accept most of Hindu doctrine in which he was educated, he adhered to two fundamental teachings: karma and transmigration.

Karma is the reward or punishment that corresponds to an action, as no human act is neutral or indifferent. Buddha teaches that every act is not only intentional but also carries with it karma.

Buddha distinguishes five forms of existence: god, man, animals, spirits and demons— each one with its own karma. In what we call the “present time,” all the actions of each of these forms of life are conditioned by previous acts which, in turn, condition all of their future acts. Everything happens as though these acts are genetic and so produce future acts.420 Thus the five life forms constitute a series of existences that are caused by or consequence of a previous existence.

Transmigration means that one's existence is not limited by a beginning or an end. The Hindu religions consider the life of an individual as one that began in a past with no beginning and continues into a future with no end.

Buddha does not refer to individual beings but to forms of existence. According to him, every living being that dies undergoes a series of transmigrations–the cycle of existence—depending on its karma. Thus each one assumes different life forms or retains the same form. However nothing remains of one's previous existence except karma:

419 Wu, J.C.H. (1951) pp. 171-172 420 Cheng, A. (2006), p. 306 186 neither body nor soul exist, only one's karma. This doctrine of Buddha is called Hinayana or The Smaller Vehicle, which was difficult for Confucian China to accept.

Buddha believes that karma accumulated from one's past lives transmigrates to the next one. Of the five life forms, two are considered good—god (arhats) and man; and three are bad (animals, hungry spirits and demons from hell). When one life form ceases to exist (it extinguishes itself), this does not mean that the thread of life ends—the combination of elements vital to that specific life form simply disappears and a new one immediately appears.421The said combination of vital elements are the following: the physical body, the senses, perception, tendencies and conscience. These elements vary from time to time and, at a given moment, any of the five life forms are but a combination of these. Since the combination of physical matter and mental energy changes each time, so does the totality of the individual. Buddha rejects the existence of “being”: all existence is ephemeral.

The problem, he says, is that most men live under the illusion of a permanent “I.” Such illusion is the main obstacle to attaining the Absolute. The idea that man “is” or possesses a permanent “I” is deceiving and one must break away from it to enter the path of salvation. For only the denial of the existence of a permanent “I” can one crush selfishness and the desire to satisfy one's self. This is why Buddha renounced all pleasure and gain. Man acquires Enlightenment when he reaches this conviction; and when the enlightened dies, one no longer transmigrates but is transformed into a deity or arhat.422

According to Buddha, it is a common error among men to superimpose the “I” on any of the five life forms. It is an “I” that endows them with permanence and unity but the reality is it only binds men to the wheel of existence. Karma generates intentions, the psychological impulse, which only leads one to a new existence. This is why Buddha preached the need to eliminate intentionality—not only the desire for permanence but any other desire as well.

To summarize, the ultimate goal is to quell all desire. Once all desire is extinguished, karma no longer happens and the cycle of transmigration ends. One reaches the state of Nirvana, the center, the only place in the wheel of existence that does not move. Through quietude, suffering completely ceases.423

Buddha however does not speak of God. For him, there is no supernatural agent that judges or decides whether an individual should be justly rewarded or punished. Reward

421 Chen, K. (1973), pp. 5-9 422 Chen, K. (1973), p. 8 423 Cheng, A. (2006), pp. 306-307 187 or punishment is a natural consequence of an action.424 Punishment, in the form of karma that is accumulated through one's actions, is Nature's automatic response to such deeds. To enter the path to salvation, the ultimate goal is to do away with karma after undergoing an indefinite number of transmigrations. When men reach Nirvana, an eternal state of quietude, they become gods (arhat) who have cut all ties with the world.

3. The First Discourse

After experiencing sublime Enlightenment while mediating under a bodhi tree—the tree of Awakening--Sakiamuni preached his first discourse that summarized his discovery. From that moment on, he came to be known as Buddha, or The Enlightened One. He propagated his message for 45 years and passed away at 80.425 In this first discourse, he elucidated the doctrine of the Four Noble Truths, by which one can walk the Eight-Fold Noble Path:

The Four Noble Truths:

1. Regarding misery: Life is suffering, to be born is to suffer, to grow old is to suffer; illness, sorrow and pain, separation from loved ones, the desire for things that one cannot have—all are misery and suffering.

2. Regarding the source of misery: ignorance is the cause of suffering--the vehement desire to please the senses, among which is the desire for a permanent existence.

3. Regarding the end of misery: The cessation of suffering is the goal of life as it transcends pain and pleasure. Therefore, it is enough to eradicate the desire for pleasure and for life.

4. Regarding the way to suppress misery: The way to cessation of suffering is the Noble Eightfold Path 426

The Noble Eightfold Path:

1. Right Understanding which consists in knowing the Four Noble Truths. 2. Right Thoughts which consist in the readiness to renounce sensual pleasure, in not loving anyone with malice and in not harming any creature. 3. Right Speech which consists in avoiding falsehood, grumbling, frivolity and harshness

424 Chen, K. (1973), pp. 4-5 425 Cheng, A. (2006), p. 305 426 Wu, J.C.H. (1951), pp. 172-173 188 in speech. 4. Right Action which consists in not destroying the life of other beings, in not taking what does not belong to us, and in abstaining from all immorality. 5. Right Livelihood which consists in renouncing all dishonest occupations and to seek one's subsistence through correct work. 6. Right Effort which consists in avoiding bad acts by exerting meritorious and persistent effort to perfect one's good acts and acquire good habits that one does not yet have. 7. Right mindfulness is the seventh way that is exclusive to monks. Be contemplative when it comes to the body. Renounce all sensuality and avarice when it comes to the senses. When it comes to the mind, make the effort to focus it on interior contemplation. 8. Right concentration is another way that is reserved for monks. Once they have freed themselves of evil works, they must in concentric circles pass four tests on intellectual reasoning, joy and suffering before they achieve the highest form of contemplation, purified by total indifference.427

The Eightfold Noble Path is a call to moderation. “Right” here is understood as avoiding extremes. Every moral norm is expressed in a positive manner and a virtue of observe; it is also expressed in a negative way, which is to avoid a certain vice. For instance, when Buddha speaks of “just words” he means one should always tell the truth as well as avoid all deception and falsehood. When he speaks of actions that promise sensual pleasure, the positive expression of this moral norm is that of living prudence and temperance, while the negative expression prohibits indulging in anything that provokes passion and desire.

The Eightfold Path of the Four Noble Truths is the only way—the Right Mean—that Buddha proposes as the path of salvation. In life, as in death, the fundamental norm of his doctrine is to be compassionate with all those who suffer the most and not to harm any living being.428 The different schools of Buddhist thought differ, not in these basic ideas, but in their methods of attaining Enlightenment.

The Eightfold Noble Path may also be classified according to knowledge, conduct and discipline:

- Knowledge or intuitiveness includes right thoughts (the first path), right understanding (the second path) and right speech (the third path).

Intuitive knowledge comprises the acquisition of a right view of things—more concretely, that of recognizing that all of life is suffering and that nothing that exists is permanent, or that there is no such thing as an immortal soul.

427 Warren, H.C. (1947), p. 368 428 Bishop, D. (1985), p. 191 189

Moral conduct includes right action (the fourth way), right livelihood (the fifth way) and right effort (the sixth way).

Upright moral conduct prepares one for the spiritual life. The monastic community is composed of an elite group who are expected to fulfill, not only the laws of the lay, but also the three rules of non-violence, poverty and celibacy. However the lay Buddhist is also exhorted to observe moral behavior that attracts good karma, which consists in the recitation of the three jewels and the observance of the five precepts.

The Three Jewels are easy to remember:

I take refuge in Buddha. (I take refuge in the Enlighted One) I take refuge in the Dharma. (I take refuge in uprightness, virtue and justice.) I take refuge in the Sangha. (I take refuge in the community of Buddhist monks.)

The five precepts are: do not harm life, do not steal, do not commit adultery, do not lie, and abstain from alcoholic drinks.

Mental discipline includes right mindfulness (the seventh way) and right concentration (the eighth way).

This is about observing a series of exercises better known as yoga. Once the body has prepared itself for the spiritual life, one can practice contemplation, which is to focus one's attention on a concrete point for a long period until one achieves complete calm. It is a way of disciplining the spirit so that it will not be distracted by external elements that stimulate avarice and passion. Once one suppresses this tendency to be dominated by one's desires, karma ceases. One has reached the final cycle of transmigration and enters the quiet state of Nirvana.

The Smaller and the Greater Vehicles

The Buddha's original doctrine, now known as Hinayana or The Smaller Vehicle, is difficult to follow as it requires the annihilation of all desires, including the desire to live; thus only monks can attain Nirvana.

Around 250 BC, a new school arose in India and radically transformed the Master's teachings. It taught that individuals have an immortal soul and that when one's previous existence ends, the soul lives on with its karma. Only the body dies; the soul and karma transmigrate into a new body, be it that of a god, man, animal, spirit or demon.

190

The new school also affirmed that all men possess the nature of the Buddha and therefore the capacity to attain Enlightenment—that is, anyone can reach Nirvana. Instead of the rigorous discipline that we previously saw, Enlightenment can now be attained by having faith in and devotion to the Buddha and by loving all men, which is manifested through the virtues of compassion, charity and altruism.

Besides affirming the reincarnation of the soul, this new school also taught that some human beings whose goodness and deeds make them worthy of entering Nirvana and becoming arhats (gods), can choose to keep on reincarnating in order to help other living beings. Moved by a universal sense of compassion, they decide to return to the world time and again to help those in need and to bring them out of the cycle of reincarnations. These beings are called bodhisattvas or “enlightened beings.” The new school of Buddhist thought came to be known as Mahayana or The Greater Vehicle.

Its religious ideal is to become a bodhisattva so that one can pass on his treasure of accumulated merits to the less fortunate. In contrast to the restrictive spiritual individualism of the arhat hinayano, 429 the main characteristic of the bodhisattva mahayano is universal compassion manifested by perfect self-sacrifice.

One of them, who represents the Buddha's compassion, visits the different hells to alleviate the misery of the unfortunate creatures dwelling there. Mahayana iconography depicts this bodhisattva as a being with a thousand eyes and a thousand arms, which enable him to see more and help more.

The Buddha's original doctrine, Hinayana, would have not been as easily welcomed by a people who, for thousands of years, had worshipped their ancestors. However, with the introduction of the Mahayana school, Buddhism came to be widely accepted in China because it preached the immortality of the soul and the possibility of universal salvation, as well as affirmed that the ancestral spirits could transform into bodhisattvas and so be able to grant favors for their living relatives. Thus, men's bonds with their ancestors are maintained through the bodhisattvas. Buddhism became compatible with Confucianism.

Mahayana Buddhism enkindled desires to carry out good works and spurred the foundation of several charitable institutions, like hospitals, orphanages, pharmacies, and homes for the aged, bringing great spiritual and material consolation to many. In turn, to show their faith in the Buddha, devotees built temples in the great mountains of China, where pilgrims visited in flocks and which formed an integral part of life in China's

429 Chen, K. (1973), pp. 12-13 191

Middle Age.430

Curiously, the original doctrine that was so opposed to traditional Chinese thought was transformed and raised to a privileged position. the Buddha was no longer considered just a great Master who attained a state of perfection and so entered into Nirvana; he was viewed as an eternal being who would reincarnate at specific moments in history to save erring mankind.

The Hinayana school took root in South Asia, like Myanmar, Thailand, Laos and Cambodia, while the Mahayana school prevailed in China, from where it was introduced to Japan, Korea and Vietnam.

According to the Mahayana school, not one, but a series of consciences (perceptions, sensations, wills and the very awareness of the “I”) exists throughout the course of life. By the law of causality, these consciences succeed each other and are bound to one another, and so the “river of conscience” or the “series of consciences” that make up an individual does not end with death.

Birth is the first conscience and death, the last. This is what produces the series of reincarnations: the first conscience and those that follow it are not accompanied by memories of the series of lives that it had lived.431 The soul of the dead person leaves the body and reincarnates in another without remembering anything about its former life.

Still, the immortal soul in Mahayana Buddhism is not the same as the immortal soul in Greek and Latin thought. Western philosophy views body and soul as a substantial unity and man's self-awareness is one and the same throughout one's life, and lives on after one dies.

From 6 AD onwards, the worship of the bodhisattva Amitabha was propagated. It may be summarized as follows: “I vow not to obtain perfect Enlightenment for as long as there remains a single celestial being, human being, animal, hungry soul or hell dweller that has not attained the perfection of the Buddha.” 432 Amitabha lives in Pure Land, a magnificent and extraordinary paradise where beauty, spirituality and joy reign. From there, by his immense power, he can have all beings saved and reborn in his land, the Land of Joy.

“The Pure Land is adorned by rows of palm trees that surround lotus ponds made of

430 Chen, K. (1973), p. 484 431 Tola, F. and Dragonetti, C. (2002), pp. 81-88 432 Sutra in Forty-Two Sections (1998), p. 108 192 precious material: gold, silver, lapis lazuli, rock crystal, red pearls, emeralds and sapphires. The ponds are filled with water of eight433 good qualities. Their shores are covered with fine gold sand. Beautiful celestial trees abound. In this world, one's hearing is delighted by hundreds of thousands of divine musical instruments played by skilled musicians, while divine flowers rain on them three times in the morning and three times at night.

Those beings that are born for the world of the Pure Land worship hundreds of thousands of millions of bodhisattvas that visit other universes. After their journey, on their return to the Pure Land, they are welcomed by a shower of thousands of millions of flowers; then they take their periodic rest. Those beings who are born in the world of Amitabha are like the bodhisattvas who lead a pure life. They do not undergo decay because they are bound by a single birth. Regarding their number, one can only say that they are 'innumerable.' ”434

The worship of Amitabha and the promise of the Pure Land found a connecting channel in the Chinese soul, not only with regards the search for the Tao (the way to salvation), but also with ancestor worship and the help that one's ancestors could bring to the world of men. Unlike the Hinayana Nirvana which is pure and total quiet, the Mahayan Nirvana is one of pure and complete joy.

5. Buddhism in China: the Chan Sect

Buddhism flourished the most during the Tang Dynasty (618-907 AD). In 645 AD, the monk Xuan Zang returned to the capital, Xian, after having been sent by the emperor to India to study under the Buddhist masters there and to bring back to China the sacred books of the Buddha and his disciples. After traveling for 16 years around India and Central Asia, Xuan Zang (602-664 AD) gathered invaluable information that he recorded in his Memoirs on the Western Regions in the Era of the Great Tang.

From the time he went back to China until his death, Xuan Zang headed the teams of the most prolific translators in the history of Chinese Buddhism. He dominated the breadth and width of the vast field of Buddhist philosophy. When he died, the emperor cancelled all his appointments and audiences for three days as a sign of his respect and veneration for the man.

Through the centuries, many authors vented their creative imagination into narrating the

433 The eight qualities are: pure, refreshing, sweet to the taste, suave, nutritious, serene, satiating to the thirst and healthy to both body and mind. 434 Tola, F. and Dragonetti, C. (2002), pp. 140-143 193 details of Xuan Zang's travels in the lands of the Buddha. Among these writers, the most famous was Wu Chengen (1500-1582), the author of Pilgrimage to the West, one of the most brilliant novels in Chinese history and, probably, the most read piece of Chinese literature.

Written with amazing humor and candidness, one follows the long and fantastic adventures of the monk Xuan Zang and his three disciples, Sun Wukong, the Monkey King, the pig Zhu Bajie and the monk Sha. One reads about Sun Wukong's incredible powers which he puts at the disposition of Xuan Zang so that he can happily dodge the 81 trials that their group encounters on the road to India. Sun Wukong always thinks with the candid naughtiness of a child; but he is immortal and wields magic powers with which he always overcomes equally extraordinary obstacles. The novel addresses the reader who is disillusioned with the world, inviting him to go back and rediscover the Good. If the real purpose of Xuan Zang's journey was to find the Buddhist sutras, then the novel's objective may be summarized into “discovering your abandoned heart.” Difficulties are always resolved when one acts intelligently, bravely, shrewdly, confidently, and decisively. Many times, besides the assistance of his three protectors, the very powerful, wise and merciful goddess Bodhisattva Guanyin steps in to help.

When Xuan Zang returned from India, the Great Master Hui Neng (638-713 AD) was only seven years old. Completely immersed in the experiences of Xuan Zang, Hui Neng founded the Chan school (the Zen school in Japan), which was very much propagated in China and in Japan. This school turned Hindu Buddhism into a Chinese religion. Hui Neng's proposal is simple: return to the primal experiences of Sakiamuni and set aside all that has been written, as these only overwhelm you.

According to Hui Neng, the human mind was originally pure and limpid, but worldly concerns have soiled and darkened it. Correctly guided by the knowledge of benevolence, the mind is Enlightened such that it discovers its true nature and one becomes like the Buddha. 435 To awaken the mind anew, one has to review the ancient teachings of Sakiamuni under a new light.

In his commentaries on the Sutra of Diamonds,Hui Neng teaches that while reality purifies the mind, one's feelings and emotions experience highs and lows. “The reality of the Enlightenment rejects highs and lows because all things, from the Buddha to the smallest insect, possess knowledge. Enlightenment does not accept duality. Those who follow the Way are those who consider neither the “I” nor “the person,” much less “being” or “existence.” It is impossible to attain Enlightenment without detaching one's

435 Zheng L.X. (2007), pp. 48-49 194 self from these four images.”436

Chan Buddhism frees itself from historical traditions. It sets aside the many existing writings and rules to finally emerge as a reality different from Hindu Buddhism. Thus it approximates the philosophical position of Chuang Tzu's Taoism,437which underscores the development of man's interior life and reduces religion to personal experience: in fact, it leaves very little room for the Buddha himself. Today, the Chan sect has numerous followers in China, Japan, and Korea.

The doctrine of Chan is transmitted from one mind to another, without resorting to language or writing. It is an invitation to identify one's self with the Buddha by discovering one's own inner the Buddha.438 It is about refusing to be boxed in by words is seen in the fourth thesis of Chan Buddhism: “By means of a special transmission, besides that of writing, not relying on words and concepts, directly addressing the heart of man, looking at the interior of one's very nature to obtain the likeness of the Buddha.”

“In the Chan (Zen) school, the only teacher is personal experience born of the intimate connection of the mind with daily living. The school rejects intellectual analysis, sacred books and dogmatic definitions. Thus Master Suzuki asks, 'What does Zen teach?' He answers, “Zen teachings nothing... it tends to discipline the mind and turn it into one's own teacher through introspection about one's own nature. This entering into the real nature of one's own mind is the fundamental objective of Zen Buddhism.”439

A monk who lived in the same monastery as Hui Neng wrote, “The body is the bodhi tree (wisdom); the soul is like its radiant mirror. Keep it clean always and do not let it gather dust.” As though answering this, Hui Neng wrote a stanza that sums up his school of thought: “The bodhi (wisdom) is not like a tree; the mirror does not shine anywhere, because there was nothing from the very start. What then can gather dust?”440

The Chan school does not explain or demonstrate anything; it only affirms. Life is a fact and does not require explanation. It is enough to live. Let us then live and affirm ourselves! This is Zen in all its purity and complete nakedness. Chan Buddhism is eminently practical and directly calls one to live, without making any references to the soul or to God or to anything that would trouble the ordinary flow of life.441

436 TheSutra of Hui Neng (1998), p. 135 437 Bishop, D. (1985), pp. 219-222 438 Zheng, L.X. (2007), p. 48 439 Suzuki, D.T. (2006), pp. 46-49 440 Suzuki, D.T. (2006), p. 59 441 Suzuki, D.T. (2006), p. 90 195

This life experience, which is the topmost concern of the Chan school, does not lead to a hedonistic ideal; it does not call one to live like an animal. For Chan Buddhism, man remains a being who is born to suffer and must work for redemption by eliminating whatever causes one to accumulate bad karma.

“Chan Buddhism proposes to capture the flow of life. There is nothing extraordinary or mysterious about it. I raise my hand, take a book, listen to children playing, watch the clouds floating above and passing over the neighboring forests. In all this I practice and live the Chan. There is no need for explanation or verbal discussion. I do not know why and there is no need to explain but when the sun rises, the world dances with joy and the hearts of all are filled with happines. If Chan Buddhism is conceivable, then it should be comprehended here.”442

What, then, does the Chan school teach? The goal is to acquire a new point of view in observing things. Men move within a logical circle but Master Chan moves in another world. His point of view can be defined as intuitive introspection, which is a counterpoint to intellectual and logical understanding.

Wang Lei (699-759), one of the most brilliant painters in the history of China, gave up life in the court when his wife died. He took on Buddhist garb and went on to become a monk:

I found the way late in life, And I decided to build a home at the foot of a mount. When my spirit urges me to take a walk in solitude, Amidst the beauty that others can not find I keep walking until water crosses the path I then sit down and contemplate the clouds arising In the forest path I by chance encounter An old woodsman and we talk and laugh I no longer think of returning.443

No one can attain the goal by any other means. Each one must reach it on his own. Any event, insignificant though it may be, can produce a disproportionate, significant, and transcendent effect. All causes are in one's mind. They only await maturation, which is fruit of past experiences. One cannot know the truth without this intuition. That is why many of the stories of the Chan masters are enigmatic, contradictory and often absurd. Their objective is to instill in their disciples a mental state that systematically opens one

442 Suzuki, D.T. (2006), p. 95 443 Moral, C.G. (2000), p. 142 196 to Enlightenment.444

This new view of the world does not imply acknowledging the existence of God. From the start, the Chan school made it clear that its principal thesis was to seek Enlightenment within the material world; and when one understands the reason behind living this life, one is satisfied. One is not concerned whether or not there is a Creator behind creation.445 Unlike ancient tradition, in the Chan school, man does not relate with Heaven. It seems that Confucius' sage-heroes were more religious than those of this school.

Since the time Buddhism first reached China, the Chan school has been the one that lasted the longest. “Today, almost all of the monasteries in China are of the Chan sect.”446 Moreover, many of these schools incorporated the worship of Amitabha, compensating for the sect's lack of religious sense. While it rejects dogmas and written texts, it practices simple faith in the paradise of The Land of Joy. However, faith alone does not make one worthy of entering paradise; one must also on one's karma by performing good acts.

6. The Tang Dynasty: from 618-907 AD

Even if Buddhism reached its peak during the Tang Dynasty, traditional Confucian culture still prevailed. From 600 AD, with the goal of unifying the intellectual world, an imperial decree ordered the formation of a commission of scholars charged with interpreting the Correct Understanding of the Five Classics. This compilation was based on the educational system that was in force during the Tang Dynasty.447

The Tang represents the golden age of the imperial period. The elite class during the first half of the Tang period embraced everything that was foreign to their culture, such as dances, games, music, poetry, painting, sculpture, cuisine, fashion and architecture. One can describe Chinese civilization at that time as “cosmopolitan.”

The capital Chang An (Xian) was the melting pot of Asia. There, Turks, Tibetans, Koreans, Persians, Arabs, Hindus, Singhalese, as well as people from East Iran, Kucha (Central Asia), and Kashmir gathered and interacted with each other. Even a Christian sect, the Nestorians, and Islam burst into the scene. The world of Tang flung its doors wide open to communication and creativity.

China's influence extended to the shores of Japan, Vietnam, and Korea. From 7 to 13 AD,

444 Suzuki, D.T. (2006), pp. 118-122 445 Suzuki, D.T. (2006), p. 123 446 Suzuki, D.T. (2006), p. 130 447 Cheng, A. (2006), p. 342 197 the Chinese and the Islamic worlds were considered the two great civilizations of Eurasia. Centuries later, both suffered terrible trials at the hands of the Mongols who invaded and overpowered Baghdad in 1258 and took over Hangzhou, the southern capital of the Song Dynasty, in 1276.448

In the first century of their reign, the Tang established a formidable administrative government structure that could have lasted until the turn of the 20th century. One feature of this structure was to delineate jurisdictions and functions, resulting in a balance among the different power groups. The bureaucratic structure was divided into nine categories or institutions, the first of which was formed by the emperor's advisers. This was followed by three government departments, the first of which was the State Chancery.

The State Chancery consisted of six ministries: the Civil Ministry, which independently decided on the appointment and removal of government officials up to a certain rank, and supervised the examinations for lesser public posts; the Ministry of Finance, which took charge of the civil registry and census on which the system of taxation was based; the Ministry of Rites, which besides organizing the imperial rites and ceremonies, was in charge of the examinations on which the emperor based his choice of candidates for high- ranking positions in the Court; the Ministry of Arms, which was tasked to form the corps of officers and to take charge of military supplies and weapons; the Ministry of Public Works, which was entrusted with the construction of roads, waterways, fortresses and palaces; and the Ministry of Justice, which organized the judicial system and was simultaneously the Ministry of Interiors, as it not only administered justice but also functioned as the highest police authority.

It was during the Tang Dynasty, in 624 AD, that the Tang Code was promulgated. The Code, which was largely penal in nature, traced its roots to the legalism of the Qin Dynasty and the Confucianism of the Han Dynasty. The implementation of the Code consolidated and strengthened the powers of the State and of the emperor. The revised Code of 653 AD is the oldest existing and intact archived copy. Its significance in China is similar to that of the Western world's Code of Justinian (534 AD).

The other two government departments of the Tang Dynasty were the Imperial Chancery, whose members served as the emperor's advisers during audiences and ceremonies; and the Imperial Secretary, which was directed to write out the imperial decrees and edicts. The palace also had a library and a team of historiographers.

The Censors comprised another institutional structure. Its mission was to keep watch of the political and moral conduct of the higher ranking officials. There were also two

448 Gernet, J. (2008), pp. 254-257 198 independent bodies, the Office of the Imperial House and the Internal Office of the Palace, which took care of the needs of the emperor and his family. The latter office was made up of eunuchs.

The two structures under Provincial Organization were continued from the Sui Dynasty. Prefectures and jurisdictions comprised the local organizations. The latter were independent bodies formed specifically for the frontier zones, with military captains wielding authority over the civil officials.449

Parallel to the government machinery and as a way to maintain the different administrative boards, the Tang founded schools, not only in the cities, but also in the rural districts. The best students of these schools went on to study in the universities in Chang An (Xian) and Loyang, which was founded by the Sui in 606 AD.450

Ever since the reunification of the Sui (581-618 AD) and during a great part of the Tang Dynasty (618-907 AD), Confucianism, Buddhism and Taoism came to be called the three teachings. During great imperial ceremonies, representatives of these three schools were invited to the palace. They did not simply attend or participate in such events; they took advantage of these occasions to engage in dialogue. Such occasions where the three teachings gathered for an exchange of ideas was popularly described as “complementary.” Buddhism addressed the mind, Taoism, the body, and Confucianism, social issues. Nevertheless, some questioned how a man's experiental knowledge could be so divided.451

After centuries wherein the empire was inclined to favor the teachings of its two first schools of thought, it gradually began to support a third (and foreign) one and sought to reconcile all three. It did so, not by seeking the agreement between the two schools, but by deciding which one was more superior. They explored Confucius' rich heritage in search of answers to social questions and to physical and spiritual matters.

The first Tang emperors were Buddhist. As the years passed, there arose among intellectuals of the period a need to review and to go deeper into the philosophy of the ancients, particularly that of Confucius, because Buddhist elements had been incorporated to his original teachings. This return to Confucianism had many possible reasons behind it, one of which was one woman's ambition for power, which was apparently influenced by Buddhist thought.

449 Ren, J.Y. (1986), p. 358 450 Franke, H. (1993), pp. 156-162 451 de Bary, T. (1992), p. 79 199

When Emperor Tang Taizong (683 AD) died, Queen Wu Zetian took on the administration of the government and sent the emperor's legitimate successor to exile. To justify her desire to become Empress and to found a new dynasty, she studied Buddhist literature and found in it sufficient material to claim that she was the reincarnation of Maitreya, the Buddha of the future, who was to bring peace and justice to the empire. In 690 AD, Queen Wu managed to change the name of the Tang Dynasty to Chou and had herself proclaimed the first empress of the new dynasty. Buddhism in China flourished under her reign (685-705 AD). However, the Tang Dynasty was reestablished after she died.

The State was well organized under the reign of Tang Xuanzong (712-756), nephew of Empress Wu. However, while the capital city experienced a period of peace and prosperity, in 742 AD, the emperor began to neglect his duties in the Court to engage in leisurely pursuits. This was why the Tang lost its control over the armies in the frontier zones. Many mercenary troops rallied under the command of officers who were not even Chinese. In 755 AD, An Lushan (693-757 AD), son of a Persian father and Turkish mother, led the armies in the North and held an uprising with his army of 150,000. He occupied the city of Luoyang and proclaimed himself Emperor.

It took the Tang eight years (755-763 AD) to squelch the revolt of An Lushan. To guarantee its victory, the Tang government had to ally itself with armies of neighboring regions, which eventually took advantage of these alliances to occupy certain parts of the empire for a long period. The people of Central Asia and the Tibetan troops settled in the northeast and dictated the laws over the provinces which are today known as Gansu and Northern Shaanxi. A piece of data that reflects the extent of the catastrophe brought about by the downfall of the government institutions was a census taken in 755 AD. In that year, close to 9,000,000 households were registered while in 760 AD, less than 2,000,000 remained.452

Still, repression did not eliminate the causes of the uprising: the independence of the military commanders assigned to the frontiers provoked the fall of the dynasty. In this light, there arose an intellectual movement that opposed the presence of foreigners from the Northeast and the West (India). These foreigners were accused of altering the purity of Chinese customs and beliefs, and bringing about the fall of the empire.

Most of the scholars in the south of China maintained this opinion. They also criticized the eunuchs who were running the administrative and interal offices of the palace. The eunuchs then were enjoying privileged positions and often abused their powers; and since the palace supported Buddhism, the criticism against the eunuchs was also hurled at

452 Franke, H. (1993), p. 165 200

Buddhism.

The said intellectual movement started to favor a return to ancient literature. It tried to revive Chinese prose to the simplity, precision and vibrance that it had at the close of the Ancient Period. Ancient prose or poetry did not separate form from content. Literature was at the service of right ideas and, therefore, had an educational, moral, and political function.453 The first to spearhead this was Liu Zongyuan (773-819).

The greatest Chinese writer after Sima Qian was Han Yu (768-824 AD). In 819 AD, on the occasion of the annual welcome ceremony where the emperor received the relic of the Buddha in the imperial palace, Han Yu put forth to the emperor his objections to Buddhism: “The Buddha was of foreign origin. His language was different from the Chinese tongue and his customs were different. He did not speak the words prescribed by the ancient kings and he did not dress like the ancient kings. He did not recognize the relationships between sovereign and subject or the affection between father and son... the emperor must not allow the relics of the Buddha to enter the Palace.”454 For this, Han was exiled but this did not stop him from declaring war on Buddhism.

Over a thousand years had passed since the Classic of Rites caught the attention of Confucius and his disciples. Han Yu was the first among many to once again fix their sights on this book, desiring to demonstrate that Confucianism valued self-cultivation and therefore could nourish the human spirit—something that Buddhism and Taoism exclusively laid claim to. Han Yu affirmed that personal enrichment was absolutely necessary if one wished to establish a perfectly ordered society. Concretely, Han Yu initiated a process of rehabilitating a brief chapter in theClassic of Rites: The Great Learning. The repercussions were unexpected.

Han Yu based his critique on the second paragraph of The Great Learning: “In ancient times, to achieve harmony within the family and in the State, the sage emperors first of all corrected themselves. They rectified their thinking and were sincere in thought. But now, to put your minds in order, the Buddhists and Taoists preach isolation and the neglect of the affairs of the State and of the families. They destroy the natural principle of human relations; for them, a son does not look at his father as a father; a minister does not look at a prince as his prince; and the people neglect their work.”455

Even if it not necessarily a matter of cause and effect, the fact is that a few years after Han Yu's criticism (around the middle of 9 AD), the State inflicted an almost deadly blow

453 Gernet, J. (2008) p. 264 454 Chen, K. (1973), p. 280 455 Gardner, D. (1986), p. 18-19 201 on Buddhism in China. In 842 AD, the emperor launched an increasing persecution of Buddhism. For the first time, in 844 AD, the Buddhists were excluded from attending the celebration of the emperor's birthday.

In 845 AD, Emperor Wu decreed the demolition of more than 40,000 temples, the burning of a huge number of sutras, the return of over 250,000 Buddhist monks to living in the world, and the freedom of 150,000 slaves laboring in vast Buddhist properties, which were then confiscated.456 These following considerations could very well have been the main reasons behind the persecution: the appropriation of abundant wealth, the recruitment of men to serve in the army and in the farms, and the expropriation of Buddhist temples and monasteries.

According to the imperial edict that ordered the persecution, “Buddhism was never spoken of during the three ancient dynasties, Xia, Shang, and Zhou. This idolatrous religion only arose after the Han and the Wei. In more recent times, its strange customs have been so disseminated that they are found everywhere and so it gradually and almost imperceptibly corrupted the customs of our land. The hearts of our people have been seduced by Buddhism and has confused the masses…there is nothing worse than this religion...it is necessary for the State to regulate the Buddhist religion.”457

The persecution did not last long. The emperor died in less than a year and his successor immediately went about stopping the anti-Buddhist movement. Despite the persecution, Buddhism already formed part of the Chinese' way of life and religiosity. One may affirm that for 600 years (220-845 AD), Buddhism was an independent and intermediary institution—perhaps the only one—between the State and the family. If it certainly and almost always relied on imperial favor during that time, Buddhism penetrated the soul of the people (as aptly put in the edict of 845) because, above all, it appealed to the hearts of a people who lived in a world dominated by a rigid network of social relations. Buddhism became a window for individual freedom and a door that opened to an appreciation of man's transcendence.

Towards the end of the Tang Dynasty, a new intellectual movement decisively showed preference for a return to Confucianism. Imbued with a Confucian sense of social responsibility and keen interest in the realities of the world, these intellectuals objected to the Buddhist emphasis on things of another world and on reducing all phenomena to mere illusion. They declared that the people around us are our brothers and the things of life are our companions; men must not attempt to escape life and its responsibilities, as sustained by the Buddhists. “In life, I will serve untiringly, and when death comes, I shall

456 Creel, H.G. (1953), p. 195 457 Chen, K. (1973) pp. 229-231 202 rest in peace.”458

While at the start of 2 AD, the Chinese State and the family abandoned Confucianism and embraced Buddhism, the reverse happened in 10 AD. The Buddhist Tangs reverted to Confucianism during the Song Dynasty. This intellectual and cultural movement has extended to the present time. In a simple and valid way, one may compare the history of Chinese thought to a pendulum swinging from a tripod: Confucian morality, Taoist philosophy, and Buddhist religiosity. As the Song Dynasty began, Neo-Confucianism would convert the Chinese people. This was to go on until a new and unexpected phenomenon appeared on Chinese shores: the Western world.

458 Fung, Y.L. (1983) Vol. 2, p. 495 203

Chapter VII The Four Books

1. Introduction

During the Song Dynasty (960-1279 AD) a good number of philosophers rejected what they believed to be anti-political concepts of Taoism and anti-social concepts of Buddhism, and brought about a revival of the ideas of Confucius and Mencius. These philosophers, known in the Western world as Neo-Confucians,459focused on discovering elements in the classics that could redefine the Confucian vision and so neutralize the currents of thought that prevailed in their times and in the previous centuries. With this goal in mind, they chose ancient texts that best suited their needs.

The Neo-Confucians felt the need to find in Confucianism a reference to man's seeking interior perfection. Only those with the right moral inclination could effect political and social reforms that would benefit the people. If the solution to the moral problem lay within one's self, they concluded that it was not necessary to relate with the ancestral spirits or with Heaven.

The most influential Neo-Confucian was Zhu Xi (1130-1200 AD), who published an edition of the Four Books in 1190. Even if these books dated back to ancient times, it was 3the first time that they were bundled up into a single collection.

With the Four Books, Zhu Xi introduced a method for studying The Five Classics. He stated that these books must be read as a basic curriculum in Confucian education. Years later, they became the epicenter of a major intellectual earthquake that shook China.

Student beginners were advised to start with The Great Learning in order to set the norms and guidelines to observe when studying the Way of Confucius. Zhu Xi found in The Great Learning a way to interpret and redefine the wisdom of the Classical world. The second book recommended for beginners was The Analects, which state the fundamentals of Confucianism the way the Master's immediate disciples understood them. Students then went on to read the Mencius, which expounds on this Master's basic teachings. Finally, through reading The Doctrine of the Mean, students were to discover the subtle mysteries of the Ancients.

459 Fairbanks, J. (1986), p. 148 204

Zhu Xi was so convinced that he discovered the perfect formula to understanding the doctrines of Confucius: “If one does not read first The Doctrine of the Mean, one cannot understand the scope of The Analects and of the Mencius. And without these three, one will not get to deeply comprehend The Doctrine of the Mean. Much worse, if one does not understand the Four Books then how can one distinguish the relations among men or talk about the concerns of the world?”460

The success of this proposal exceeded all his expectations. From 1313 onwards, the emperor decreed the Four Books, in place of The Five Classics, as the official textbooks for the imperial civil service examinations461 They not only became the new entry point to hold a position in government; they also molded the entire nation's thinking. Students' eligibility to become civil servants was not limited to simply knowing these books; those who most identified themselves closely with Zhu Xi's school of thought were rewarded. This educational system prevailed until 1905.

Zhu Xi was one of the more important thinkers of his time. He wrote over a hundred books but, when he proposed the new Classics, he did not include any of his works. He only put forward The Analects, the Mencius, and two chapters from The Classic of Rites; and elevated The Great Learning and The Doctrine of the Mean to form the new set of Classics.

It is interesting to note how the great masters of the Chinese thought agreed on one thing: Confucius, Mencius, Zun Xi, Lao Tzu, Chuang Tzu, the Hinayana and Mahayana masters, and the Neo-Confucians of the Song Dynasty, in one way or another, proposed a common model, which is the search for and observance of a Way. All of them were interested in discovering how man should be: how he must conduct himself, what path he must take and which one he ought to avoid. However, none of them seem to be concerned about knowing what man is.

While the above-mentioned Masters, all the way down to the Buddhists, spoke of a Way that somehow led to transcendence, those of the Song Dynasty, especially Zhu Xi, denied the immortality of the soul and the existence of God or even of deities and immortals. As Zhu Xi put it, “There is no man in heaven who judges sins.”462

The Four Books are probably the best works that represent the Neo-Confucian school. Through them, one can understand how to follow the Way in a simple and concise manner. Everything that man should know and practice is synthesized in the Four Books. Zhu Xi's contribution was to choose the texts, classify them and input his commentaries.

460 Gardner, D. (1986), pp. 3-6 461 In reality, the list of canonical books increased to 13 as time passed. 462 Cotterell, A. (1995), pp. 176-177 205

For the next 600 years, they were the object of major studies in China's history, and were considered the measuring stick for a student's learning, a formula for interpreting the world, and a model for the empire's noblemen and learned men.

In a letter that he wrote towards the end of his life, Zhu Xi affirmed, “I have dedicated my entire life to the study of The Analects, the Mencius, The Great Learning, and The Doctrine of the Mean. I have almost completed to perfection my commentaries and explanation of The Four Books. Still, when I reviewed them recently, I found one or two sections that contained errors. Since then, I have been correcting them and, sometimes, when I make one revision, I end up finding another mistake. From this point of view, reading my own work is not easy.”463 Zhu Xi spent over 40 years editing this small book that we know today as The Great Learning.

Since the edict of 1313 was passed, the State required all public officials to be well- versed in the teachings of the Four Books. When the first Westerners arrived in China in the 16th century, they were exposed to the prevailing ideas of the time and to Neo- Confucianism, in particular. The Chinese however did not even use the term. As far as they were concerned, they were Confucian and unconcerned about the differences between Confucianism and Neo-Confucianism.

This is why many Western scholars have identified Confucian thought as the one interpreted by the Neo-Confucians of the Song Dynasty, often taking Zhu Xi's compilation of the Four Books as representative of Confucius' doctrine. Although the Neo-confucians are indeed Confucian, one can be Confucian without having to embrace their interpretation of the Master's original teachings.

Nowadays, Neo-Confucians are “going back to school.” The Chinese youth have always been instilled with a deep moral sense of right and wrong. Reviewing the Four Books situate the reader in the context that the Chinese people have been forging their social identity and political unity for one generation after another. Neo-Confucianism is perhaps the only human element that has contributed most to and has made the greatest impact on shaping Chinese society.

Now that a synthesis of The Analects and of the Mencius has been presented, only one thing is left to get a complete picture of the Neo-Confucian legacy: a consideration of The Great Learning and The Doctrine of the Mean, the two books that Zhu Xi hand-picked, as well as the two chapters from The Classic of Rites, a work that seems destined to be relegated to some lost and forgotten corner in history.

463 Gardner, D. (1986), p. 3 206

Zhu Xi gave extraordinary importance to The Great Learning that is composed of 10 brief chapters. In one chapter, Zhu Xi his own “supplement” in one brief paragraph. This paragraph was his only revision on The Four Books. As he explained, Chapter 5 contained only a phrase from the original text. To complete and make sense of it, Zhu Xi expounded on a short theory of knowledge. This is a good example of how a single word can change the world.

The Confucian edifice is thus transformed into an ideology. We understand “ideology” as an explanation of the world from a specific viewpoint that is then given universal value. In Zhu Xi's case, his ideology consisted in declaring that nothing in the world can escape man's scientific knowledge. Realities, such as love, treachery, joy, suffering, human weakness or death, only have scientfic explanations. It is therefore difficult to discern or accept the concept of “person” because the reality of the human being can be understood, but not exhausted, by science alone. As Zhu Xi's work is very short and because of its significance in interpreting Confucianism, we shall present the entire text.

2. The Great Learning: The Complete Text464

“The Way (Dao) of Learning to be great (or adult education) consists in:

1. Manifesting the clear character;

2. lLoving the people; and

3. aAbiding (chih) in the highest good.

Only after knowing what to abide in can one be calm. Only after having been calm can one be tranquil. Only after having achieved tranquility can one have peaceful repose. Only after having peaceful repose can one begin to deliberate. Only after deliberation can the end be attained.

4. Things have their roots and branches. Affairs have their beginnings and their ends. To know what is first and what is last will lead one near the Way.

The ancients who wished to manifest their clear character to the world would first bring order to their states. Those who wished to bring order to their states would first regulate their families. Those who wished to regulate their families would first cultivate their personal lives. Those who wished to cultivate their personal lives would first rectify their minds. Those who wished to rectify their minds would first make their wills sincere.

464 Classic of Historical Documents (1973), pp. 85-94 207

Those who wished to make their wills sincere would first extend their knowledge. The extension of knowledge consists in the investigation of things:

5. When things are investigated, knowledge is extended;

6. wWhen knowledge is extended, the will becomes sincere; 格式化: 西班牙文 (國際排序) 7. wWhen the will is sincere, the mind is rectified; when the mind is rectified, the personal life is cultivated;

8. wWhen the personal life is cultivated, the family will be regulated;

9. wWhen the family is regulated, the state will be in order; and 格式化: 西班牙文 (國際排序) 10. wWhen the state is in order, there will be peace throughout the world.

From the Son of Heaven down to the common people, all must regard cultivation of the personal life as the root or foundation. There is never a case when the root is in disorder and yet the branches are in order. There has never been a case when what is treated with great importance becomes a matter of slight importance or what is treated with slight importance becomes a matter of great importance.465

Zhu Xi's remark: “The above is the text in one chapter. It is the words of Confucius, handed down by Tseng Tzu. The ten chapters of commentary which follow are the views of Tseng Tzu and were recorded by his pupils. In the traditional version there have been some mistakes in its arrangement. Now follows the new version fixed by Master Zeng and I, and in addition, having examined the contents of the text, I (Zhu Xi) have rearranged it as follows:

There are altogether ten commentary chapters. The first four generally discuss the principal topics and the basic import. The last six chapters discuss in detail the items and the required effort involved.

Chapter five deals with the essence of the understanding of goodness and chapter six deals with the foundation of making the personal life sincere. These two chapters, especially, represent the immediate task, particularly for the beginning student. The reader should not neglect them because of their simplicity.”

The Ten Chapters with Commentaries:

465 Cheng, A. (2006) p. 65 208

1. In the “Announcement of K'ang” it is said, “He was able to manifest his clear character. In the “Counsels of King Tang” it is said, “He contemplated the clear Mandates of Heaven.” In the “Canon of Yao” it is said, “He was able to manifest his lofty character.” These all show that the ancient kings manifested their own character.

Zhu Xi's remark: The above first chapter of commentary explains manifesting the clear character.

2. The inscription on the bath-tub of King Tang read, “If you can renovate yourself one day, then you can do so every day, and keep doing so day after day.” In the “Announcement of K'ang,” it is said, “Arouse people to become new.” The Book of Odes says, “Although Zhou is an ancient state, the Mandate it has received from Heaven is new.” Therefore, the superior man tries at all times to do his utmost in renovating himself and others.

Zhu Xi's remark: The above second chapter of commentary explains the renovating of the people.

3. The Book of Songs says, “The imperial domain of a thousand li is where the people stay (chih). The Book of Songs also says, “The twittering yellow bird rests (chih) on a thickly wooded mount. Confucius said, “When the bird rests, it knows where to rest. Should a human being be unequal to a bird? The Book of Songs says, “How profound was King Wen! How he maintained his brilliant virtue without interruption and regarded with reverence that which he abided (chih). As a ruler, he abided in humanity. As a minister, he abided in reverence. As a son, he abided in filial piety. As a father, he abided in deep love. And in dealing with the people of the country, he abided in faithfulness.”

Zhu Xi's Remark: The above third chapter of commentary explains abiding in the highest good.

4. Confucius said, “In hearing litigations, I am as good as anyone. What is necessary is to enable people not to have litigations at all.”466 Those who would not tell the truth will not dare to finish their words, and a great awe would be struck into people's minds. This is called knowing the root.”

Zhu Xi's Remark: The above fourth chapter of commentary explains the root and the branches.

5. This is called knowing the root. This is called the perfecting of knowledge.

466 Confucius (2002), Book. 12, No. 13 209

Zhu Xi's Remark: The above fifth chapter of commentary explains the meaning of the investigation of things and the extension of knowledge, which is now lost. I have ventured to take the view of Master Cheng Yi and supplement it as follows: The meaning of the expression “The perfection of knowledge depends on the investigation of things (ko-wu): If we wish to extend our knowledge to the utmost, we must investigate the principles of all things we come into contact with, for the intelligent mind of man is certainly formed to know, and there is not a single thing in which its principles do not inhere.

It is only because all principles are not investigated that man's knowledge is incomplete. For this reason, the first step in the education of the adult is to instruct the learner, in regard to all things in the world, to proceed from what knowledge he has of their principles, and investigate further until he reaches the limit. After exerting himself in this way for a long time, he will one day achieve a wide and far-reaching penetration. Then the qualities of all things, whether internal or external, the refined or the coarse, will all be apprehended, and the mind, in its total substance and great functioning, will be perfectly intelligent. Thisis called the investigation of all things. This is called the perfection of knowledge.”467

6. What is meant by “making the will sincere” is allowing no self-deception, as when we hate a bad smell or love a beautiful color. This is called satisfying oneself. Therefore the superior man will always be watchful over himself when alone. When the inferior man is alone and leisurely, there is no limit to which he does not go in his evil deeds. Only when he sees a superior man does he then try to disguise himself, concealing the evil and showing off the good in him. But what is the use? For other people see him as if they see his very heart. This is what is meant by saying that what is true in a man's heart will be shown in his outward appearance. Therefore the superior man will always be watchful over himself when alone. Zeng said, “What ten eyes are beholding and what ten hands are pointint to—isn't it frightening?” Wealth makes a house shining and virtue makes a person shining. When one's mind is broad and his heart generous, his body becomes big and is at ease. Therefore the superior man always makes his will sincere.

Zhu Xi's Remark: The above sixth chapter of commentary explains the sincerity of the will.

7. What is meant by saying that cultivation of the personal life depends on the rectification of the mind is that when one is affected by wrath to any extent, his mind will not be correct. When one is affected by fear to any extent, his mind will not be correct. When he is affected by fondness to any extent, his mind will not be correct. When he is

467 The Great Learning, (1973), p. 89 210 affected by worries and anxieties, his mind will not be correct. When the mind is not present, we look but do not see, listen but not hear, and eat but do not know the taste of the food. This is what is meant by saying that the cultivation of the personal life depends on the rectification of the mind.

Zhu Xi's Remark: The above seventh chapter of commentary explains the rectification of the mind in order to cultivate the personal life.

8. What is meant by saying that the regulation of the family depends on the cultivation of the personal life is this: Men are partial toward those for whom they have affection and whom they love, partial toward those whom they despise and dislike, partial toward those whom they fear and revere, partial toward those whom they pity and for whom they have compassion, and partial toward those whom they do not respect. Therefore there are few people in the world who know what is bad in those whom they love and wht is good in those whom they dislike. Hence it is said, “People do not know the faults of their sons and do not know (are not satisfied with) the bigness of their seedlings.”

Zhu Xi's Remark: The above eighth chapter of commentary explains the cultivation of the perosnal life in order to regulate the family.

9. What is meant by saying that in order to govern the state it is necessary first to regulate the family is this: There is no one who cannot teach hisown family and yet can teach others. Therefore the superior man (ruler) without going beyond his family, can bring education into completion in the whole state. Filial piety is that which one serves his ruler. Brotherly respect is that with which one serves his elders, and deep love is that with which one treats the multitude.

The “Announcement of K'ang” says, “Act as if you were watching over an infant.” If a mother sincerely and earnestly looks for what the infant wants, she may not hit the mark but she will not be far from it. A young woman has never had to learn about nursing a baby before she marries.

When the individual families have become humane, then the whole country will be aroused toward humanity. When one man is greedy or avaricious, the whole country will be plunged into disorder. Such is the subtle, incipient activating force of things. This is what is meant by saying that a single world may spoil an affair and a single man may put the country in order.

Sage emperors Yao and Shun led the world with humanity and the people followed them. Wicked kings Jie and Zhou led the world with violence and the people followed them. The people did not follow their orders which were contrary to what they themselves liked.

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Therefore the superior man must have the good qualities in himself before he may require them in other people.468 He must not have the bad qualities in himself before he may require others not to have them. There has never been a man who does not cherish altruism (shu) in himself and yet can teach other people. Therefore the order of the state depends on the regulationof the family.

The Book of Songs says, “How young and pretty is that peach tree! How luxuriant is its foliage! This girl is going to her husband's house. She will rightly order her household.”469 Only when one has rightly ordered his household can he teach the people of the country. The Book of Songs says, “They were correct and good to their elder brothers. They were correct and good to their younger brothers.”470 Only when one is good and correct to one's elder and younger brothers can one teach the people of the country. The Book of Songs says, “His deportment is all correct, and he rectifies all the people of the country.”471 Because he served as a worthy example as a father, son, elder brother, and younger brother, therefore the people imitated him. This is what is meant by saying that the order of the state depends on the regulation on the family.

Zhu Xi's Remark: The above ninth chapter of commentary explains regulating the family to bring order to the state.

10. What is meant by saying that peace of the world depends on the order of the state is this: When the ruler treats the elders with respect, then the people will be aroused toward filial piety. When the ruler treats the aged with respect, then the people will be aroused toward brotherly respect. When the ruler treats compassionately the young and the helpless, then the common people will not follow the opposite course. Therefore the ruler has a principle with which, as with a measuring square, he may regulate his conduct.

What a man dislikes in his superiors, let him not show it in dealing with his inferiors; what he dislikes in those in front of him, let him not show it in preceding those who are behind; what he dislike in those on the right, let him not apply it to those on the left; and what he dislikes in those on the left, let him not apply it to those on the right. This is the principle of the measuring square.

The Book of Songs says, “How much the people rejoice in their prince, a parent of the people! He likes what the people like and dislikes what the people dislike. This is what is meant by being a parent of the people.

468 Confucius (2002), Book 15, No. 20 469 Book of Songs, (1994), Poem No. 6, pp. 36-37 470 Book of Songs (1994), Poem No. 173, p. 180 471 Book of Songs (1994), Poem No. 152, pp. 150-151 212

The Book of Songs says, “Lofty is the Southern Mountain! How massive are the rocks! How majestic is the Grand Tutor Yin (of Zhou)! The people all look up to you!472 Thus ruler of states should never be careless. If they deviate from the correct path, they will be cast away by the world. The Book of Songs says, “Before the rulers of the Yin (Shang) dynasty lost the support of the people, they could have been counterparts of Heaven. Take warning from the Yin dynasty. It is not easy to keep the Mandate of Heaven!”473

This shows that by having the support of the people, they have their countries, and by losing the support of the people, they lose their countries. Therefore the ruler will first be watchful over his own virtue. If he has virtue, he will have the people with him. If he has the people with him, he will have the territory. If he has the territory, he will have wealth. And if he has wealth, he will have its use. Virtue is the root, while wealth is the branch.

If he regards the root as external (or secondary) and the branch as internal (or essential), he will compete with the people in robbing each other. Therefore when wealth is gathered in the ruler's hand, the people will scatter away from him; and when wealth is scattered (among the people), they will gather round him. Therefore if the ruler's words are uttered in an evil way, it will be taken away from him in an evil way.

In the Announcement of K'ang it is said, “The Mandate of Heaven is not fixed or unchangeable.” The good ruler gets it and the bad ruler loses it. In the Book of Chu it is said, “The State of Chu does not consider anything as treasure; it considers only good (men) as treasure. Uncle Fan (maternal uncle to a prince of Chin in exile) said, “Our exiled prince has no treasure; to be humane toward his parents is his only treasure.”

In the Oath of Qin it is said, “Let me have but one minister, sincere and single-minded, not pretending to other abilities, but broad and upright of mind, generous and tolerant toward others. When he sees that another person has a certain kind of ability, he is as happy as though he himself had it, and when sees another man who is elegant and wise, he loves him inhis heart as much as if he said so in so many words, thus showing that he can really tolerate others. Such a person can preserve my sons, and grandsons and the black-haired people (the common people). He may well be a great benefit to the country.

But when a ministers sees another person with a certain kind of ability, he is jealous and hates him, and when he sees another person who is elegant and wise, he blocks him so he cannot advance, thus showing that he really cannot tolerate others. Such a person cannot preserve my sons, grandsons, and the black-haired people. He is a danger to the country. It is only a man of humanity who can send away such a minister and banish him, driving

472 The Book of Songs (1994), Poem No. 191, pp. 200-202 473 The Book of Songs (1994), Poem No. 235, pp. 263-264 213 him to live among the barbarian tribes and not allowing him to exist together with the rest of the people in the Middle Kingdom (China). This is what is meant by saying that it is only the man of humanity who can love or who can hate others.

To see a worthy man and not be able to raise him to office, or to be able to raise him but not to be the first one to do so—that is negligence. To see bad men and not be able to remove them from office, or to be able to remove them but not to remove them as far away as possible—that is a mistake. To love what the people hate and to hate what the people love—that is to act contrary to human nature, and disaster will come to such a person. Thus we see that the ruler has a great principle to follow. He must attain it through loyalty and faithfulness and will surely lose it through pride and indulgence.

There is a great principle for the production of wealth. If there are many producers and few consumers, and if people who produce wealth do so quickly and those who spend it do so slowly, thenw ealth will always be sufficient. A man of humanity develops his personality by means of his wealth, while the inhumane person develops wealth at the sacrifice of his personality.

There has never been a case of a ruler who loved humanity and whose people did not love righteousness. There has never been a case where the people loved righteousness and yet the affairs of the state have not been carried to completion. And there has never been a case where in such a state the wealth collected in the national treasury did not continue in the possession of the ruler.

The officer Men said, “He who keeps a horse (one who has just become an official) and a carriage does not look after poultry and pigs. (The higher officials) who use ice (in their sacrifices) do not keep cattle and sheep. And the nobles who can keep a hundred carriages do not keep rapacious tax-gathering ministers under them. It is better to have a minister who robs the state treasury than to have such a tax-gathering minister.

This is what is meant by saying that in a state financial profit profit is not considered real profit whereas righteousness is considered to be the real profit. He who heads a state or a family and is devoted to wealth and its use must have been under the influence of an inferior man. He may consider this man to be good, but when an inferior man is allowed to handle the country of family, disasters and injuries will come together. Thought a good man may take his plalce, nothing can be done. This is what is meant by saying that in a state financial profit is not considered real profit whereas righteousness is considered the real profit.

Zhu Xi's Remark: The above tenth chapter of commentary explains ordering the state to bring peace to the world.

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3. Heaven and the Principle in The Great Learning

According to Zhu Xi, The Great Learning is where Confucianism sets the norms to observe for studying the Way that all men must follow. It is therefore an indispensable requirement for understanding The Five Classics and the writings of Confucius and Mencius. Zhu Xi considers this book the key to entering the garden of Confucius and the Paradise of old. The book establishes the methodology for studying the Classics.

Zhu Xi, an avid admirer of Confucianism, dedicated his entire life to its study. Thanks to him, the Master's teachings regained imperial and popular favor. As we have seen, Zhu Xi only added one paragraph to the Master's doctrine in the fifth chapter of The Great Learning. He rejected nothing from Confucius, Mencius or The Five Classics and only reinterpreted Confucianism in its totality. Nevertheless, his new addition to Confucius' work would have immense repercussions on the history of China: the concept of the principle of heaven.

According to Professor Chiu Hansheng,474 the central and most transcendent point of the Zhu Xi's doctrine is his insight about the “principle of heaven and of the universe.” This idea is the bridge that unites and separates the philosophies Confucius and Zhu Xi. The fifth chapter of The Great Learning contains these words: “This is called knowing the root. This is called the perfecting of knowledge.” Zhu Xi attempted to complete it, filling in the blanks with his own theory about the principle of heaven, earth and of all things.

Zhu Xi believed that the principle of heaven is the origin or foundation of the entire universe. He said, “the sum of all creation and of the universe as a whole is one single principle.”475 His affirmation is even more substantial: “Before heaven and earth existed, there was certainly just one principle. Since there was always a principle, this is why there is heaven and earth. If there were no principle, there would be no heaven or earth or men or things.

In the Analects, 476 Confucius praised the diligence of his disciple, Yen Hui. In his commentary about Yen Hui's love for study, Zhu Xi took the opportunity to present his own explanation of the origins of man: “Heaven and earth accumulate the essences of things. That which brings together the noblest of all the five elements—fire, water, wood,

474 Chiu H.S. (1986), pp. 116-137 475 Cheng, C.Y, (1986), pp. 176-177 476 Confucius (2002), Chap. 6, No. 3 It is interesting to transcribe what Confucius said about Yen Hui: “He had genuine interest to learn. He never felt any resentment towards others and never committed the same mistake twice. Unfortunately, he died young. Now, there is no one like him. No one has caught my attention the way he did for his zeal to learn.” 215 metal, earth—becomes man.”477 Because there is a principle there is a material force that acts from all parts and nurtures and develops all things.”478

Zhu Xi said that even the moral code that superceded that of the fuedal period was based on the principle of heaven. He also sustained that ethical relationships and the codes of conduct, such as filial piety and fraternity, were consequences of the “principle of how things must be,” which are proper to human nature, while the rites, music and justice, were meant to embellish or improve reality and followed the “principle of how things should be.” Thus again arises the principle of heaven. Zhu Xi's principle brings to fore the ideas of heaven, earth and men but does not give them a sense of finality.

When speaking about Buddhism, Zhu Xi clearly expressed his rejection of the existence of a life hereafter: “When life ends for virtuous men, to die in peace is nothing else but not losing the principle of heaven that we men received; thus when a man dies, he feels no shame or regret for his evil life. There is nothing more to that. Man has no spiritual conscience that perdures after he dies.”479

In Zhu Xi's opinion, the foundation of good manners is the family; the norms of right conduct are based on mutual love and respect. Mutual love and respect between husband and wife assure a happy marriage and a harmonious family life. This relationship of love extends to the children. In a broad sense, parents love their own parents and grandparents. And one loves and venerates his ancestors, as they are part of the origins of life. Love and respect are the ethical principles that must be spelled out in an exhaustive code of conduct. Ancestor worship and holding funeral rites for one's parents are observances by which relatives and friends of the deceased can express their sorrow. For Zhu Xi, funerals are meant to transform sufferings into desires--those of wanting that the spirit of the deceased may become immortal.480

There is a reason behind the ceremonies of ancestor worship. The intention of men when they do this is known to each one of them and performing these ceremonies are just a manifestation of their freedom When Zhu Xi’s determines which is the reason fwhy the others do so it has no more validity than being his own personal opinion. It surely represents what the ceremonies meant to him. Even if his opinión was the prevalent opinión of the people of his time, still it would be enough to find one person who may not agree with his opinión to prove him wrong. And certainly there is more than one who disagrees to his opinión.

477 Yu, Y. (1986), p. 83 478 Chiu, H.S. (1986), p. 116 479 Wei, C. (1986), p. 401 480 Kao, M. (1986), pp. 322-324 216

Zhu Xi's position is subtly seen in the Four Books. When he introduced the concept of the principle that precedes all things, including heaven, earth and men, he did not have to show the discrepancies among Shun, the Duke of Zhou, and Confucius himself. One can now read the Classics because the references to Heaven and to the ancestral spirits have lost their original meaning. Zhu Xi' interpretation neutralized the ancient's belief in God and of communicating with one's ancestors. From 1313 onwards, this interpretation became the official version of Confucianism—a neutral version where heaven is nothing but a celestial vault.

Zhu Xi wanted to establish this criterion: every time the Classics refer to heaven, one must understand that they refer to the principle of heaven, which is: “The universe has only one principle. Endowed with this principle, heaven becomes heaven, earth becomes earth. All and every thing that exist between heaven and earth assume their nature when they receive the principle. Humanity is identified with the Three Bonds—the proper relationships between the ruler and his subjects, father and son, and husband and wife, which are regulated until they come to be identified with the Five Virtues of benevolence, justice, courtesy, wisdom (intelligence), and trust. This is what constitutes action of the principle that is found everywhere.”481 One can think that this is where Zhu Xi departs from the tradition of Confucius as contained in The Five Classics.

The Five Classics carry a most noteworthy insight, which is that of a Heaven that can grant (or take away) its Mandate to an emperor and his descendants as long as they lead virtuous lives and are deserving of the Mandate. This is not an arbitrary or capricious Heaven but one that is keenly interested in the lives of men. Moreover, it is a Heaven that welcomes those who have acted nobly in life—the ancestral spirits—and one with which men have a direct line to, through their ancestors.

The Classic of Historical Documents mentions the words Heaven and Mandate of Heaven277 times, while The Book of Songs makes reference to Heaven or Son of Heaven 153 times. The number of references seems sufficient to venture saying that the ancients' conception of Heaven was that of a reality that's superior to men and which could make intelligent decisions regarding men's affairs. Zhu Xi and the Neo-Confucians in general came up with a rationalist interpretation of The Five Classics and were not open to accepting any other. All young people had to study the Classics and not deviate from the concept of Enlightenment, which they could attain through Zhu Xi's version of The Great Learning.

Still, The Classic of Historical Documents offer a solid vision of social unity. Society is structure like a pyramid at whose peak sits the emperor, who has the right and the duty to

481 Lokuang, S. (1986), pp. 70-76 217 obey the Mandate of Heaven. Men in society are further united by ties to those who preceded them (ancestor worship). This is followed by the bonds prescribed by the five human relationships. Men are also united by a common desire to perpetuate life by having many male children, who will in turn carry on with the worship of their parents and grandparents. This social cohesion is not limited by the present time but encompasses the past and the future.

Confucius was faced with a world of myths and superstitions that he could not identify with. He only acknowledged one sole Heaven and one sole Mandate of Heaven and set aside the myths of Pan Gu, creator of the universe, who was incubated and nurtured in a stone egg for 18,000 years; of Fuxi, the god of the ancients who gave Nature its form; of the goddes Nuwa, who according to tradition, molded the first men from clay. Confucius did away with hundreds more of ancient deities, like the kitchen god and the goddess of fertility. Although he did not deny that the gods of ancient mythology existed, he prefered to simply speak of one sole Heaven.

On the other hand, the philosophers of the Song Dynasty decided to rationalized the Classics' concept of Heaven. Since Heaven was a supreme concept for Confucius, the Neo-Confucians integrated the term “heaven” to the “new” systems, interpreting and substituting it with other terms that effectively neutralized the original meaning. Zhu Xi, the most significant and influential figure of Neo-Confucianism, replaced Heaven with the Principle of heaven. Other Neo-Confucianists of the Song Dynasty developed other systems. For example, Cheng Hao used Principle instead of Heaven; Cheng Yi replaced the term Heaven with Human Nature and Principle; and Wang Shouren substituted Heaven with Mind.482

A point of emphasis and a main point of contention is the fifth chapter of The Great Learning. The objective of this chapter is to unite human learning (as an intellectual operation) with the exterior world. It deal with knowing things in themselves and not only through sense perception. From this viewpoint, the philosophy of Zhu Xi is similar to those of Aristotle and St. Thomas Aquinas. Zhu Xi is a realist who acknowledges the existence of a real world that was created by the principle of heaven. It is a world composed of earth and sky, which we can know, not only through specific appearances (accidents), but also through their essentials, origins, and nature. We can know, not just a couple of things, but ten thousand others—that is, everything.

Zhu Xi however differs from Aristotle and St. Thomas when he affirms that reality consists only of this world and that it can only be known through experience. Since one's senses do not demonstrate human freedom or the soul or the life hereafter, Zhu Xi denies

482 Zhang, D.N. (2002), p. 3 218 the possibility that the latter three could exist. “Materialism answers the perpetual question that man has, and continues, to ask for centuries: Is death the end of everything? Is there a life hereafter? Materialism, despite its complex formulas, responds to these queries in a univocal way: Yes, death is the end of everything. There is no life hereafter.”483

Zhu Xi did not complete Chapter 5 of The Great Learning on a Confucian note but added his own world view. He accepted no other reality but the material. This is why he affirmed that man's intelligence tends to know and that there is nothing in the world that human mind cannot know. To go from the first affirmation to the next, Zhu Xi had to make an act of faith. His theory has prevailed for the past thousand years and it remains unverified. Yet the ancients' insights about Heaven as presented in The Five Classics remain valid. Despite the subtle distinction between these two philosophies, such difference remains basic for contemporary social and political reforms.

4. The Doctrine of the Mean (Chung-Yung)

The original title of this book was Chung-Yung, which literally meant “centrality and universality” and which can be translated to “moderation.” In concurence with Zhu Xi, Chung-Yung equates to equilibrium and harmony.

In the Prologue, Zhu Xi wrote, “Master Cheng Yi (1033-1107) said: By chung (central) is meant what is not one-sided, and by yung (ordinary), is meant what is unchangeable. Chung is the correct path of the world and yungis the definite principle of the world. This work represents the central way in which the doctrines of the Confucian school have been transmitted. Fearing that in time errors should arise, Tzu Su (492-431 BC)--grandson of Confucius–wrote it down and transmitted it to Mencius.

The book “first speaks of one principle, next it spreads out to cover the ten thousand things, and finally returns and gathers them all under the one principle. Unroll it, and it reaches in all directions. Roll it up and it withdraws and lies hidden in minuteness. Its meaning and interest are inexhaustible. The whole of it is solid learning. If the skillful reader will explore and brood over it and apprehend it, he may apply it throughout his life, and will find it inexhaustible.”484

The version that was edited and commented on by Zhu Xi was made up of 33 chapters. We have chosen to include here the more relevant ones:485

483 Gomez Pérez, R. (1977), p. 37 484 Lo, K.S. (1986), p. 66 485 The Doctrine of the Mean (1973), translation by Chan Wing-Tsit (1973), pp. 97-114. The book is 219

Chapter 1. What Heaven (T'ien) imparts to man is called human nature. To follow our nature is called the Way (Dao). Cultivating the way is called education. The Way cannot be separated from us for a moment. What can be separated from us is not the Way. Therefore the superior man is cautious over what he does not see and apprehensive over what he does not hear. There is nothing more visible than what is hidden and nothing more manifest than what is subtle. Therefore the superior man is watchful over himself when he is alone. Before the feelings of pleasure, anger, sorrow, and joy are aroused it is called equilibrium (chung, centrality, mean). When these feelings are aroused and each and all attain due measure and degree, it is called harmony. Equilibrium is the great foundation of the world, and harmony its universal path. When equilibrium and harmony are realized to the highest degree, heaven and earth will attain their proper order and all things will flourish.

Zhu Xi's Remark: “In the above first chapter, Tsu Su relates the ideas which had been transmitted to him, as the basis of discourse. First, it shows clearly that the origin of the Way is traced to Heaven and is unchangeable, while its concrete substance is complete in ourselves and may not be departed from. Next, it speaks of the essentials of preserving, nourishing, and examining the mind. Finally, it speaks of the meritorious achievements and transforming influence of the sage and the spirit man in their highest degree. Tzu Su's hope was that the student should hereby return to search within himself to find these truths, so that he might remove his selfish desires aroused by external temptations, and realize in full measure the goodness which is natural to him. This is what scholar meant when he said that this chapter is the quintessence of the whole work. In the following ten chapters, Tzu Su quotes Confucius in order fully to develop the meaning of this chapter.”486

Chapter 12. “The Way of the superior man functions everywhere and yet is hidden. Men and women of simple intelligence can share its knowledge; and yet in its utmost reaches, there is something which even the sage does not know. Men and women of simple intelligence can put it into practice; and yet in its utmost reaches tehre is something which even the sage is not able to put into practice. Great as heaven and earth are, men still find something in them with which to be dissatisfied .... The Book of Songs says, “The hawk flies up to heaven; the fishes leap in the deep.”487 This means that (the Way) is clearly seen above and below. The Way of the superior man has its simple beginnings in the relation between man and woman, but in its utmost reaches, it is clearly seen in heaven and on earth.”

Zhu Xi's Remark: “The above twelfth chapter contains the words of Tzu Su which are

structured around Chapters 1, 12, 21, and 33. 486 Chan, W.T. (1963) p. 98 487 The Book of Songs (1994), Poem No. 239, pp. 270-271 220 meant to clarify and elaborate on the idea of chapter 1 that the Way cannot be departed from. In the following eight chapters, he quotes Confucius here and there to clarify it.”

Chapter 13. Confucius said, “The Way is not far from man. When a man pursues the Way and yet remains away from man, his course cannot be considered the Way.... Therefore, the superior man governs men as men, in accordance with human nature, and as soon as they change (what is wrong) he stops. Conscientiousness (chung) and altruism (shu) are not far from the Way. What you do not wish others to do to you, do not do to them.

There are four things in the Way of the superior man, none of which I have been able to do. To serve my father as I would expect my son to serve me: that I have not been able to do. To serve my ruler as I would expect my ministers to serve me: that I have not been able to do. To serve my elder brothers as I would expect my younger brothers to serve me: that I have not been able to do. To be the first to treat friends as I would expect them to treat me: that I have not been able to do.”

Chapter 15. The Way of the superior man may be compared to traveling to a distant place: one must start from the nearest point. It may be compared to ascending a height: one must start from below. The Book of Songs says, “Happy union with wife and children is like the music of lutes and harps. When brothers live in concord and at peace, the harmony is sweet and delightful. Let your family live in concord, and enjoy your wife and children.488 Confucius said, “How happy will parents be!”

Chapter 17. Confucius said, “Shun was indeed greatly filial! In virtue he was a sage; in honor he was the Son of Heaven (emperor); and in wealth he owned all within the four seas (China). Temple sacrifices were made to him, and his descendants preserved the sacrifices to him. Thus it is that he who possesses great virtue will certainly attain to corresponding position, to corresponding wealth, to corresponding fame, and to corresponding long life. For Heaven, in the production of things, is sure to be bountiful to them, according to their natural capacity.... Therefore, he who possesses great virtue will surely receive the appointment of Heaven.”

Chapter 18. Confucius said, “King Wen was indeed the only one without sorrow! He had King Chi for father and King Wu for son. His father laid the foundation of (the great work of the Chou Dynasty) and his son carried it on. King Wu continued the enterprise of King Tai, his great grandfather, King Chi, and King Wen. Once he buckled on his armor (and revolted against wicked King Zhouxin of Shang), the world came into his possession, and did not personally lose his great reputation throughout the empire. In honor he was the Son of Heaven, and in wealth he owned all within the four seas. Temple

488 The Book of Songs (1994), Poem No. 164, pp. 168-169 221 sacrifices were made to him, and his descendants preserved the sacrifices to him. King Wu received Heaven's Mandate to rule in his old age. Duke Zhou carried to completion the virtue of King Wen and King Wu.... He sacrificed to the past reigning dukes of the house with imperial rites.”

Chapter 19. Confucius said, “King Wu and Duke Zhou were indeed eminently filial. Men of filial piety are those who skillfully carry out the wishes of their forefathers and skillfully carry forward their undertakings.… To occupy places of their forefathers, to practice their rites, to perform their music, to reverence those whom they honored, to love those whom they honored, to love those who were dear to them, to serve the dead as they were served while still with us: this is the height of filial piety.” The ceremonies of sacrifices to Heaven and earth are meant for the service of the Lord on High, and the ceremonies performed in the ancestral temple are meant for the service of the ancestors. If one understands the ceremonies of the sacrifices of Heaven and Earth and meaning of the grand sacrifice and the autumn sacrifice to ancestors, it would be as easy to govern a kingdom as to look at one's palm.”

Chapter 20. Confucius said, “The governmental measures of King Wen and king Wu are spread out in the records. With their kind of men, government will flourish. When their kind of men are gone, their government will come to an end. When the right principles of man operate, the growth of good government is rapid, and when the right principles of soil operate, the growth of vegetables is rapid. Indeed, government is comparable to a fast-growing plant. Therefore the conduct of government depends upon the men. The right men are obtained by the ruler's personal character. The cultivation of the person is to be done through the Way, and the cultivation of the Way is to be done through humanity.

Humanity (jen) is (the distinguishing characteristic of) man489 and the greatest application of it is in being affectionate toward relatives. Righteousness (i) is the principle of setting things right and proper, and the greatest application of it is in honoring the worthy. The relative degree of affection we ought to feel for our relatives and the relative grades in the honoring of the worthy give rise to the rules of propriety.

Therefore the ruler must not fail to cultivate his personal life. Wishing to cultivate his personal life, he must not fail to serve his parents. Wishing to serve his parents, he must not fail to know man. Wishing to know man, he must not fail to know Heaven.

There are five universal ways (in human relations), and the way by which they are practiced is three. The five are those governing the relationship between ruler and minister, between father and son, between husband and wife, between elder and younger

489 Mencius (2003), Book 7, Part B, No. 16, p. 317 222 brothers, and those in the intercourse with friends. These five are universal paths in the world. Wisdom, humanity, and courage, these three are the universal virtues. The way by which they are practiced is one.

Some are born with the knowledge (of these virtues). Some learn it through study. Some learn it through hard work. But when the knowledge is acquired, it comes to the same thing. Some practice them naturally and easily. Some practice them for their advantage. Some practice them with effort and difficulty. But when the achievement is made, it comes to the same thing...

There are nine standards by which to administer the empire, its states, and the families but the way by which they are followed is one.…sinceirty. If one does not understand what is good, he will not be sincere with himself. Sincerity is the Way of Heaven.... He who tries to be sincere is one who chooses the good and holds fast to it.

Chapter 21. It is due to our nature that enlightenment results from sincerity. It is due to education that sincerity results from enlightenment. Given sincerity, there will be enlightenment, and given enlightenment, there will be sincerity.

Zhu Xi's Remark: “In the above twenty-first chapter, Tzu Su continues Confucius' idea in the preceding chapter of the Way of Heaven and the way of man as a basis for discussion. In the following twelve chapters, Tzu Su reiterates and elaborates the idea of this chapter.

Chapter 22. Only those who are absolutely sincere can fully develop their nature. If they can fully develop their nature, they can then fully develop the nature of others. If they can fully develop the nature of others, they can then fully develop the nature of things. If they can fully develop the nature of things, they can then assist in the transforming and nourishing process of Heaven and Earth, they can thus form a trinity with Heaven and earth.

Chapter 30. Confucius transmitted the ancient traditions of Yao and Shun, and he modeled after and made brilliant the systems of King Wen and King Wu. He conformed with the natural order governing the revolutin of the seasons in heaven above, and followed the principles governing land and water below.… All things are produced and developed without injuring one another. The courses of the seasons, the sun, and moon are pursued without conflict. The lesser forces flow continuously like river currents, while the great forces go silently and deeply in their mighty transformations. It is this that makes heaven and earth so great.

Chapter 32. Only those who are absolutely sincere can order and adjust the great relations

223 of mankind, establish the great foundations of humanity, and know the transforming and nourishing operations of heaven and earth...

Chapter 33. The Book of Songs says, “Over her brocaded robe, she wore a plain and simple dress, for she disliked the loudness of its color and patterns.490 Thus the way of the superior man is hidden but becomes more prominent every day.…The Book of Songs says, “Although the fish dive and lie at the bottom, it is still quite clearly seen.”491 Therefore the superior man examines his own heart and sees that there is nothing wrong there, and that he is not dissatisfied with himself. The superior man is unequaled in the fact that he (is cautious) in those things which people do not see. The Book of Songs says, “Though the ceiling looks down upon you, be free from shame even in the recesses of your own house.”492 Therefore the superior man is reverent without any movement and truthful without any words. The Book of Songs says, “Throughout the sacrifice not a word is spoken, and yet (the worshippers are influenced and transformed) without the slightest contention.”493 Therefore the superior man does not resort to rewards and the people are encouraged to virtue. He does not resort to anger and the people are awed. The Book of Songs says, “He does not display his virtue, and yet all the princes follow him.” 494 Therefore when the superior man is sincere and reverent, the world will be in order and at peace. The Book of Songs says, “I cherish your brilliant virtue, which makes no great display in sound or appearance.”495 Confucius said, “In influencing people, the use of sound or appearance is of secondary importance.” The Book of Songs says, “His virtue is as light as hair.496 The same book makes another comparison: “The operations of Heaven have neither sound nor smell.”497

Zhu Xi's Remark: In the above thirty-third chapter, Tzu Su returns to the ideas of “carrying out to the limit” and “exhausting the most refined” (discussed in previous chapters) to search for their source. Furthermore, he extends the discussion to include the effort of the learner who, for his own sake, learns to be careful while alone—an effort which, through earnestness and reverence, culminates in the glory of world peace. Then he further praises the wonder of all this, and does not stop until he describes it as being without sound or smell. What he does is to pick out the essence of the whole work and talk about it in simple terms. He felt deeply and most earnestly as he instructed people by going over the points again and again. Should the student not apply his mind to the

490 The Book of Songs (1994), Poem No. 57, pp. 76-77 491 The Book of Songs (1994), Poem No. 192, pp. 202-205 492 The Book of Songs (1994), Poem No. 256, pp. 299-303 493 The Book of Songs (1994), Poem No. 302, p. 355 494 The Book of Songs (1994), Poem No. 269, p. 328 495 The Book of Songs (1994), Poem No. 241, p. 272-275 496 The Book of Songs (1994), Poem No. 260, pp. 312-314 497 The Book of Songs (1994), Poem No. 235, pp. 263-264 224 utmost (in studying this work)?”

5. From Confucianism to Neo-Confucianism

Thanks to Zhu Xi's commentaries where he subordinated some chapters of The Great Learning to the rest, the following summary of his book highlights prudence as the fundamental virtue that motivates man to not depart from the Way (Chapter 1). The Way of the superior man has its simple beginnings in the relation between man and woman, but in its utmost reaches, it is clearly seen in heaven and on earth. (Chapter 12). It is due to our nature that enlightenment results from sincerity. It is due to education that sincerity results from enlightenment. Given sincerity, there is enlightenment, and given enlightenment, there will be sincerity (Chapter 21). Virtue is identified with humility. The virtuous man makes sure that he has nothing to repent or regret about, neither in his heart nor his personal life. As a final consideration, Zhu Xi affirms that there is no limit to growing in virtue.

Zhu Xi was very right in saving the study of this book for the last. He was able to make a complete summary of Confucianism in just a few pages, and his opening words already answer the question about man's purpose on earth: What heaven imparts to man is what we call human nature, and to act in accordance with one's nature is to follow the Way. To educate one's self in the Way is called education. We must not stray from the Way even for an instant. What separates us from the Way cannot be part of the Way.498

Although he begins saying that heaven endows man with human nature, Zhu Xi, in the previous book, went about reducing heaven to a necessary and material principle, stating that nothing in the universe cannot be known through science. All this said, the book greatly deviates from the Way, which calls men to behave according to their nature.

Chapter 12 contains a formidable insight: man who is born of the love between a man and a woman, is capable of lighting up heaven and earth with his virtue. That is, man who receives life from his parents can outdo his parents in virtue. By nature, one can grow in in virtue and even acquire more virtues—that is, man by nature can transcend his very nature.

For eight succeeding chapters, the book continues to emphasize the importance of acquiring good habits (virtues), then moves on to remind the reader that virtues are to be practiced in the five social relationships: ruler-subject, father-son, husband-wife, elder brother-younger brother, and friendship.

498 Chan, W.T (1973), p. 112-114 225

Concretely, the books highlights three virtues to practice in social living: wisdom, benevolence, and courage. Above all these, sincerity is the most important, be it in managing well an empire, a state or a family (Chapter 20).

The book sustains the thesis that, on account of human nature, wisdom comes from sincerity and, through education, sincerity in transformed into wisdom. There reigns sincerity and wisdom, and where there is wisdom, there is sincerity (Chapter 21).

Therefore, man can completely develop his nature by simply being sincere. Only those who can develop their nature can help develop the nature of others. And only those who can develop the nature of all things can help transform and nourish heaven and earth. Finally, only they who can contribute to the process of transforming and nourishing heaven and earth can form a trinity with heaven and earth (Chapter 22).

This is how Zhu Xi unites the teachings of The Doctrine of the Mean and The Great Learning. In The Great Learning, it is taught that learning always has a moral content, and to learn to be good is a lifetime task. It requires students to examine things—not only to know what moral behavior is made up of, but also to know what nature is and the sources of morality. The entire universe follows a moral order. The physical world manifests this order naturally and at all times but the moral order of the world of men is achieved through effort. The moral order must be lived; it is not enough to know it. The Way of man is absolute, unchangeable and applies to all men. There is no room for moral relativism in The Great Learning.499

With respect to its highest teaching, The Great Learning states that the objective of higher learning is to awaken the moral conscience of the students; teach them to treasure friendship, love all men and strive to be perfect. The core of the book is definitely Confucius' system of moral education, whose goals to know the moral virtues; to cultivate the moral conscience; to form a harmonious family; and to contribute to the governance of the nation, thereby bringing peace to the world.500

Zhu Xi came up with notable summary of Confucianism and, at the same time, traced a new path to perfection. To attain it, one must replace filial piety, the central point of the Classics, with sincerity. Therefore, in The Doctrine of the Mean, the family no longer holds an important position but is rather a link in the whole chain. The center of gravity has shifted from filial piety to sincerity (individual perfection). As a final piece of advice, the book closes with these words: when man is sincere and courteous, there will be peace and order in the world. Zhu Xi underscores personal, not social, virtues.

499 Gardner, D. (1990), pp. 72-73 500 Guo, Q.J. (2006), pp. 169-170 226

In The Analects (4:15) Confucius told his disciple, Shen, “There is a single thread that unites all my teachings. When the Master left, the other disciples asked Shen, “What did he mean by that?” Shen replied, “The Master's doctrine consists in loyalty and reciprocity. That is all.” Confucius' definition (The Analects 15:24) of reciprocity is not to impose on others what you yourself do not desire,501 while loyalty consists in treating others the way you want others to treat you. Both virtues are very important because they focus on social behavior, which is Conffucius' main concern.

Zhu Xi interpreted this portion of the Analects in this manner: The single uniting thread that Confucius refers to is constant and absolute sincerity.502 It is understood that he fully identified with The Doctrine of the Mean: “Only those who are absolutely sicere can order and adjust the great relations of mankind, establish the great foundations of humanity, and know the transforming and nourishing operations of heaven and earth.” (Chapter 32).

The Four Books of the Neo-Confucians, just like the Confucianism of the Han Dynasty, and the concept of an ideal society that Confucius recovered from The Five Classics, unite the State and the family--the two great institutions in Chinese history. There is no doubt that The Five Classics andThe Four Books share the same political, social and moral viewpoint. Zhu Xi “replanted” Confucianism and, as a consequence, his work and thesis made an impact, not only on China, but on the whole of Asia, and to a certain extent, the rest of the world.

Professor Fung Yu Lan summarized Neo-Confucianism in this manner: “It may be called man's learning. It is concerned about questions, such as, the place and the role of man in the universe, the relationship between man and nature, the relationship among men, and relationship between human nature and human happiness. Neo-Confucianism aims to relate the contradictions in human life and show how such a union can be achieved. The Neo-Confucians consider benevolence—humanity--as the first of the fundamental virtues. They even believe that benevolence encompasses the rest of the virtues, which are justice, wisdom, and courtesy.

Benevolence is love others. The spiritual world of the benevolent man is based on his unity with the universe. The benevolent man considers other men as his brothers , and all other things as companions. Human learning may be considered as learning to be benevolent. Man becomes happy when he achieves this unity but this happiness is not feeling, but rather one that is intellectual in character. To attain this state, Fung Yu Lan concludes, man does not have to do anything special, or to renounce society or the family.

501 Leys, S. (2007), pp. 57-58 and p. 208 502 Chiu, H.S. (1986), p. 122 227

One does not have to pray or worship. Man simply accumulates a noble conduct in daily life by always being aware that he must struggle against all forms of selfishness. That is all.503

Similarly, Robert Spaemann states that benevolence is acknowledging what is real so that reality reaches its fullness; it is assisting other beings so that they attain their end; it is accompanying others along their path of fulfilling their proper end: may each one achieve one's best mode of being! This means that the benevolent man recognizes the value of what is real in one's self and not only in regard to self-interest. He knows how to overcome the relativity of satisfying his instincts for mere utility, pleasure, or interest. He loves and respects others as they are and can establish harmony among them because he allows them to arrive at their fullness of being, that perfection that makes them beautiful. Through benevolence, man does not only perfect himself; he perfectgs Nature as well.504

The aim of education is not so much to fill the mind with knowledge as to form the character and to purify the sentiments. Zhu Xi is interested in creating talent and not simply to design a system for choosing talent.505 Just like Confucius and Mencius, he dedicated his life to studying and teaching. The 5000-year history of China is raised up like a statue sculpted by great artists. Zhu Xi's efforts to recreate the wisdom of Confucius immensely contributed to the search for excellence in the human values of China. His relics were destroyed during the Cultural Revolution (1966-1976), but were since then restored. Zhu Xi's fate ultimately took on a major turn for the better.506

503 Fung, Y.L. (1986), pp. 21-24 504 Spaemann, R. (1990), pp. 146-164 505 Moore, C. (1968), pp. 5-7 506 Chan, W.T. (1986), p. 6 228

229

Chapter VIII Chinese Humanism

1. Daily Living

A beautiful story written by an anonymous author from around 6 AD unveils the soul of the Chinese people. The ode of Mu Lan not only reflects a woman's courage, but also lauds filial piety. No less than her love for her father moved Mu Lan to defend the Empire. This ballad suggests that parents are not mistaken in their confidence in what their children can do in the future. In turn, children, the fruit of their parents' love, are ready to respond and give back without measure the care that their parents showered on them.

Ode of Mu Lan

Tsiek tsiek and again tsiek tsiek, Mu-lan weaves, facing the door. You don't hear the shuttle's sound, You only hear Daughter's sighs. They ask Daughter who's in her heart, They ask Daughter who's on her mind. "No one is on Daughter's heart, No one is on Daughter's mind. Last night I saw the draft posters, The Khan is calling many troops, The army list is in twelve scrolls, On every scroll there's Father's name. Father has no grown-up son, Mu-lan has no elder brother. I want to buy a saddle and horse, And serve in the army in Father's place."

In the East Market she buys a spirited horse, In the West Market she buys a saddle, In the South Market she buys a bridle, In the North Market she buys a long whip. At dawn she takes leave of Father and Mother, In the evening camps on the Yellow River's bank. 230

She doesn't hear the sound of Father and Mother calling, She only hears the Yellow River's flowing water cry tsien tsien.

At dawn she takes leave of the Yellow River, In the evening she arrives at Black Mountain. She doesn't hear the sound of Father and Mother calling, She only hears Mount Yen's nomad horses cry tsiu tsiu. She goes ten thousand miles on the business of war, She crosses passes and mountains like flying. Northern gusts carry the rattle of army pots, Chilly light shines on iron armor. Generals die in a hundred battles, Stout soldiers return after ten years.

On her return she sees the Son of Heaven, The Son of Heaven sits in the Splendid Hall. He gives out promotions in twelve ranks And prizes of a hundred thousand and more. The Khan asks her what she desires. "Mu-lan has no use for a minister's post. I wish to ride a swift mount To take me back to my home."

When Father and Mother hear Daughter is coming They go outside the wall to meet her, leaning on each other. When Elder Sister hears Younger Sister is coming She fixes her rouge, facing the door. When Little Brother hears Elder Sister is coming He whets the knife, quick quick, for pig and sheep. "I open the door to my east chamber, I sit on my couch in the west room, I take off my wartime gown And put on my old-time clothes." Facing the window she fixes her cloudlike hair, Hanging up a mirror she dabs on yellow flower powder She goes out the door and sees her comrades. Her comrades are all amazed and perplexed. Traveling together for twelve years They didn't know Mu-lan was a girl. "The he-hare's feet go hop and skip,

231

The she-hare's eyes are muddled and fuddled. Two hares running side by side close to the ground, How can they tell if I am he or she?"507

“For the Chinese, love is the incarnation of the principle of creation and, as a consequence, ethical love encompasses filial love, parental love and spousal love. This extends to all of one's relatives and is the most sacred love in the world. The concept of life is based on this love. Confucianism however proclaims a rather lopsided love: if two infants cry, the mother feeds the male child first; if there is only one loaf of bread to be shared among several hungry people, the son will give the loaf to his father. Benevolence, which is a fundamental virtue in China, consists in extending this primary love to all, but in concentric circles: I love my parents and then reach out to other parents; I love my children and then extend my love to other children.”508

In this world view of how living beings relate to one other, human beings distinguish themselves foremostly in their filial piety--the special love that they have for their parents. The ancient tradition of not allowing two persons of the same family name to marry has brought the Chinese people to share the harmony of their household with the whole society, thus producing a homogenous mix through the centuries. The Chinese race is the Chinese family. The Chinese people are not nationalistic, but “familiaristic.” Mu Lan did what any soldier would for his country, out of love for her father and her family.

Children learn concepts best through music and rhymes. This simple poem served as a school child's first lesson:

A warm morning breeze sways the clouds yonder,

I am drawn by a flower

I cross the river and wander

She says, “See, an old man resting”

She does not see my spirit with joy overflowing!

For the Chinese people, this poem represents not only a poetic form but the zenith of the good things in life. It is not a particularly ambitious or metaphysical ideal but one that is so real. The Chinese man is an adult with the heart of a newly-born infant. His attitude towards life is seen in his joy for living and in family life; his pleasure in contemplating

507 Ode Of Mulan, http://www.chinapage.com/mulan.html 508 Wu, S.L. (2005), pp. 192-193 232 trees, flowers, clouds, rivers, fountains and thousands of other things in nature; his delight in poetry, contemplation, the arts, friendship, conversation, and reading-- all of which are forms of communing spiritually with others.509

Two brief poems of Wen Tinyun (830-880), which seem to be linked to each other, speak of the passionate love for the family and Nature:

At dawn as the horse riders are at play I long for my family And listen to bird song in the inn and Men treading the wooden bridge over the frost

Leaves cover the mountain paths Orange blossoms whiten the walls. Last night I dreamt that I returned home The geese were swimming in the ponds... A wide stretch of water Without a single wave pointing at the sun A steep island from afar Disappears until it merges with the blue hills

By the wharf the horses neigh Seeing those who have embarked While men lie beneath the willows Awaiting the ship that will bring them home.”510

Of the classic poems, the most recited ones are those of Li Bai (701-762), which in so simply express the most sincere and profound sentiments of the heart. The poet describes in 20 words how a ray of moonlight awakens in him a great longing for his family. All the Chinese, who never tire of singing verses that make them deeply identify with the poet's experience, are familiar with Li Bai's poetry:

Before my bed light forms a mirror of water. Could it be the frost in the fields? I raise my eyes to heaven and see the moon shining bright I look down and set aside my yearning for those I love.

“Both realities, the moon and his home, are far away; both are pure and pleasing. Heaven

509 Chang, C. (2006), p. 119 510 Moral, C.G. (2000), pp. 160-162 233 and earth unite in these verses and in the calm of the night, the poet gives free reign to his feelings for his beloved. The moon's rays also caress his household and this thought consoles and adorns his heart.”511

Centuries later, Wang Yinglin (1223-1296), a famous philosopher from the Song Dynasty, wrote Verses in Three Characters, a short work about educating children. The book was so popular that countless Chinese children in the past 700 years have recited them. It is an easy way of teaching the young about the importance of studying Confucius' Five Classics and Zhu Xi's Four Books.

The present-day version of the Verses was written and slightly modified during the Qing Dynasty. It contains 380 lines, each composed of of three characters. Every four lines make up a complete story of incomparable wealth. Moreover, every two lines rhyme so that, when read or recited, the teachings are easier instilled in a child's mind.

The book deals with different aspects of teaching moral principles, study methods, knowledge of Nature, government laws and institutions, historical events, and the lives of famous persons. It aims to teach children to become virtuous and so be of benefit to society.

The first verse states that men are naturally good and that human nature is one and the same for all. Men only differ in terms of habits and customs. The second verse, which is a conclusion of the first, affirms that if children are not well educated, their nature deteriorates.

To convince children to study seriously, the third verse alludes to the mother of Mencius:

One day, the mother of Mencius Chose for him the best neighborhood. When her son did not study She cut the threads of her loom.

According to historical records, Mencius' mother moved house three times because the neighborhoods where they lived did not do her son any good. Mencius started out as a good student but because all of his professor's lessons were too easy, he began to neglect his studies. One day, his mother took a knife and cut the threads of the weave that she had been working on for a long time. Surprised, the boy asked her why she did that. She answered that she ardently desired to see him become a great man one day but, because he refused to study, he was hopelessly destroying himself. Time lost, just like the threads

511 One hundred Classical Chinese Poems (2002), pp. 159-161 234 in a loom, can never be redone. From then on, Mencius became the best student in his school.512

Children were led, as though along an inclined plane, to know the names and teachings of Confucius, Mencius, and the great sage-emperors of old. They learned which virtues were the most important through examples of heroic filial piety, brotherly love, charity, justice, courtesy, wisdom and truthfulness; they were likewise introduced to the five social relationships. The book proposes that after primary education, the students could proceed to studying The Four Books, and, once they have mastered The Classic of Filial Piety and memorized The Four Books, they could move on to studying The Five Classics.513 Once the children have learned the Classics, then they could read the works of the other ancient philosophers, like Lao Tzu, Chuang Tzu and Xun Zi. Since numerous philosophy books were within reach, the Verses in Three Characters remained a manual of sorts, guding students to choose and take note of the books that mattered.

This system of education aimed to enrich the minds of the youth so that they might serve the country and the people better. Students who excelled earned a good reputation for themselves and therefore honored their parents and ancestors, as well as brought prosperity to future generations. The author of the Verses concluded his work on this note: “Some leave their children their legacy in coffers brimming with gold and silver. My sole legacy for my children is this book.”514

Buddhism also significantly contributed to Chinese humanism. Wu Chengen crafted an imaginary dialogue between two Buddhists, a fishermen and a woodcutter, which testifies to his high esteem for the family and for Nature: “Two very wise men lived close to the city of Chang An (Xian). Once they reached the city, one sold his bundle of firewood and the other, his basket of fish. Then they entered a tavern, drank a lot, and calmly made their way home, engaged in friendly conversation:

“My beloved friend Li,” said Zhang Shao, “it seems that people who zealously pursue fame and wealth only end up miserable because obtaining an important position is like throwing one's self under a tiger's claws with eyes closed. And accepting an imperial favor is no better than keeping a serpent under your bed. When you think of all this, you realize that there is no life more comfortable than ours. We live among the mountains and by the river banks and we can take delight in the beauty of nature.

Your words are so true, beloved Zhang, Li Ding replied. But I tell you that life by the river can never be as better as living in the mountains.

512 Mao, Z.Y. (2005), pp. 4-10 513 Mao, Z.Y. (2005), pp. 18-60 514 Mao, Z.Y. (2005), pp. 76-136 235

Zhang Shao protested, “Oh, you can't say that! The beauty of the mountains cannot be compared with that of the riverside. Listen to these verses composed to the tune of the Die Lian Huan:

My vessel is tiny Amidst the foggy vastness of the waves I serenely trust my one sail My thoughts and my mind are pure I have neither wealth nor fame I play with the water plants On the shore where willows abound My wife and children smile As I sleep the wind and the waves calm down Neither glory nor disgrace Much less a single worry

“Still, your immense waters cannot compare with my mountains,” Li Ding insisted. How can you compare the calm and solitude of your watery space with the serenity of my forests? Listen to what I shall tell you with these verses sung with the same melody:

In autumn with ax in hand I go through the green By night, burdened with wood, I cut through the mist to find my way home The moon has risen high as I knock on our door My trusty wife and my innocent child welcome me with a smile I lie on my bed with a wooden pillow after a meal of young wine and pears a mind at rest is better than being dressed in silk!

As they continue reciting verses and composing new ones, they reach the point where they must go their separate ways. They render each other the ceremonial reverences and courteous farewells... the next day we again shall sell our fish and firewood then drink and talk some more.”515

Besides this deep sense of humanism, Chinese culture proclaims that man is the center of the universe, not because it denies God's existence, but because, as Confucius affirmed, he could not say anything about Him. Human wisdom and the question of human knowledge consist in knowing how man will not degrade himself as man, and enjoy life in its fullness. The Chinese nurture a great determination and capacity to enjoy even the

515 Wu, C.E. (2005), Vol. 1, pp. 238-248 236 small things in life. This focus on earthly happiness is the cause and consequence of the absence of a sense of religion.

In China, man comes first. Given this situation, the figures of the mother and the father acquire immeasurable value. No matter how much one tries, one cannot give back the gift of life that one has received from one's parents. What is more distinctive and essential in China's ethical and social life is the doctrine of filial piety, which includes the practice of ancestory worship.

Common sense is part and parcel of Confucian humanism. This spirit of “acting with reason” inspired The Doctrine of the Mean which preaches moderation, equilibrium, and harmony. The objective of classical Chinese education has always been the cultivation of a reasonable man, who is the paragon of culture. An educated man must be, above all, reasonable—that is, he is temperate and does not give in to abstract theories or extremes in logic.516 Another characteristic of Confucianism is a pronounced inclination for order.

The fundamental problem Chinese philosophy is how to achieve and make compatible interior wisdom with external dignity. An ethical conscience predominates in China both in one's interior and exterior actions. The concept of goodness is not just about performing good acts; it requires and presupposes goodness in thought and in one's heart and dispositions. The ethical conscience is the essence of all human life and man's noblest goal: the ethical and the spiritual tend to be considered as one and the same thing.

Even Chinese painting and poetry portray absolute, unconditional and instinctive pleasure in ordinary things and the simple events in life. Undoubtedly, the Chinese love this world and find it difficult abandon it for an invisible Heaven. “They are lovers of life, with its kings and beggars, bandits and monks, funerals and weddings, births and illness; with its incandescent sunsets and rainy nights; with its festivities and tavern brawls.”517

2. The Family

In his translation of The Book of Songs, James Legge writes, “Good men are like a fence. The noble families are like a buttress. To embrace virtue assures one of rest. The circle of families is like a walled city. We must not let the city's fortifications fall.”518

The existence of laws begins with the recognition of the relationship between husband and wife. In all regions where civil society exists, matrimony is established as an institution based on the sense of honor that all men have. The family is established on the

516 Lin, Y.T. (2006), p. 108 517 Lin, Y.T. (2006), p. 100 518 Legge, J. (2000), Vol. 4, Part 3, Book 2, Poem No. 10.7 237 institution of matrimony. According to Confucius, just as a woman commits herself to be faithful to her husband, this same code of honor applies to the man who commits himself to be loyal to the emperor. On these two loyalties lie the stability and permanence of the State.519

The commentaries on The Classic of Change begin with the relationship between husband and wife: “The proper place of the woman in the family is the home, and that of the man, outside of it. Right conduct between man and wife is heaven's greatest measure on earth. The husband is the husband and the wife is the wife. The family follows strict governance, that is, the governance of the parents. A father must be a father, and a son, a son; the younger brother must be a younger brother. When they observe these relationships, the house is in order. When the house is in order, then everything under heaven is in order.”520

The Classic of Rites prescribes the following norms: the father must be compassionate, and the son, filial; the elder brother, amiable; the younger brother, respectful. The husband must be just and the wife, obedient. The older person must be affable, and the younger one, considerate. He who governs must be benevolent and his subject, loyal.521

Confucius said, “Children ought to be educated in a sense of filial piety because the child learns to respect those who are their parents in this world. The younger brother learns to exercise fraternity and so learn to respect everyone else who is older than him in this world.”522 As a social system, this is one that is considered consistent and a powerful reason behind national unity. In this context, the family is the only institution that can claim authority both in time and in space.

The Chinese language has a special name that refers to one's position in the family. There is a specific term for the older and younger brother, the older and younger sister. The same holds true for the grandparents, uncles, aunts and cousins, but again depending on whose side of the family they belong. Moreover, there is a particular way of behaving towards and addressing each relative. These are a child's first lessons in social obligation—respect for one's elders, gratitude, the need to understand and accept one another, the duty to help each other, the duty to control one's self, and the duty to be respectful.

Thus, society's basic unit is not the person, but the family. The traditional family welcomes children as a blessing. Among wealthy families, several generations live under

519 Ku, H.M. (2006), pp. 35-37 520 Zhang, D.N. (2005), p 323 521 Zhang, D.N. (2005), p 325 522 Lin, Y.T. (2006), p. 175 238 the same roof. And within each family, respect is expected to be given to everyone, observing one's age and gender. The older family members are more important than the younger ones, and men are considered to women. The father is the head of the family and holds absolute authority over family concerns, such as the marriage of the children and the punishment of the disobedient. The father is obliged to be strict but benevolent, authoritarian but paternal. This is how children fulfill the roles that are expected of them. The older brother respects his parents and trusts his younger siblings. The Chinese family is certainly a school for human relations.523

The wife, on the other hand, is the mistress the household even as the husband wields authority outside of it. Confucius created a clear-cut division of labor. The Chinese woman has been denied numerous rights but she has never been denied the right to marry. For millenia, the feminine ideal may be summed up into three loyalties and four virtues. The three loyalties are: the single woman must live with her parents; the married woman must live with her husband; and the widow must live with her children. The Chinese woman does not live for herself, but for the rest of the family: she is a good daughter, a good wife and a good mother.

The greatest concern of Chinese parents is to see their children “settled down” before they die, since they cannot be sure of the kind of life their children will have unless they see it with their own eyes. It is common knowledge that a man (his household, in particular) is “made” or “unmade” by the kind of woman he marries. The future of his family depends on her. From this comes the responsibility of parents to train their daughters well so that they would not “lose face” when she marries into another family.524

Matrimony's basic function is to bring children to the world—to generate life. Children equate to prosperity. The Four Books speak of the husband-wife relationship, but only in regard to the differences between man and woman; they never mention the idea of love. “If there is no union between Heaven and earth, thousands of things would not exist. Through the great rite of matrimony, generations of men shall be perpetuated for thousands of years. A family whose daughter marries does not extinguish the candles for three days to commemorate her departure, while the family that receives her does not listen to music for three days, thinking of the young couple's descendants.”525

No man lives as a single, independent individual. If we consider any person, do we not think of him as a son, a brother, a father or a friend? To think otherwise is but a metaphysical abtraction. China has always admitted that man is more important than the

523 Hsu, I. (1995), p. 69 524 Chang, C. (2006), pp. 185-189; 194-198 525 Fung, Y.L. (1983), p. 357 239

State, but it has never considered man as more important than the family for, outside the family, one does not exist. Matrimony is the concern of the family, and not of the individual.

This sense of family honor results in a “family conscience” that is perhaps the unique kind of esprit d'corps, the group spirit in Chinese living. When one is a child, his parents and other relatives take care of him. At this age, the child listens but does not speak. In his youth and adulthood, he has other people under his care. While one starts off obeying and respecting others, much later, he still obeys and respects his elders, but now has other people obeying and respecting him. One considered fortunate having children to take care of him when he grows old. Sometimes, this seems to be the sole motive for having children.

It is not a shameful thing that children serve their parents at the twilight of their lives. A father who speaks of his son immediately keeps quiet once his wife starts to speak. In the game of life, there are no favorites; everyone grows old. It is pointless to fight Nature and it is better to be Nature's ally and know how to age with grace. The symphony of life should end with a grand finale that is characterized by peace and serenity.526

The portrait of the family during the Imperial Period is incomplete without touching on the major problems of the Confucian system. The Book of Songs testifies to the inequality between men and women. “When a male child is born, he is put in a crib and is gifted with toys of jade to play with, but when a female child is born, she is laid on the floor and receives ceramic toys to play with.”527 This is more because traditional Chinese society was more of an agricultural/rural one. Sons tilled the fields but, when a daughter marries, she must leave her home to form part of her husband's family. The newly married couple lived and worked in the household of the man's parents. This reality frequently led to infanticide, as parents refused to give birth and raise a daughter who will leave them when she marries.

Such inequality between the sexes continues to this day. The woman's condition is seen in many ways. For instance, at the end of the 19th century, Kang Youwei, who was among those who spearheaded reforms in the Empire, wrote about what he considered to be the seven big misfortunes in human life. He was a follower of Confucius, but wrote this from a Buddhist viewpoint: 1. reincarnation; 2. premature death; 3. to be born with a disability; 4. to be a barbarian (or born outside of China); 5. to live in the Empire's frontier zones; 6. to be a slave; and 7. to be a woman.528

526 Chang, C. (2006), p. 200 527 Lin, Y.T. (2006), p. 135 528 Chan, W.T. (1973), p. 731 240

In China, the matrimonial contract is forged between the woman and the man's family. Neither the husband nor the wife could break the contract without the consent of the man's family. The woman is obliged to submit herself, respect and obey, not only her husband, but his parents (her new parents), as well. Through the family, one serves society, the social order, and the State.529

Young people of marrying age did not possess the right to marry—their parents did. By tradition, marriage was arranged and decided upon by the parents. This was based on the alliance between families rather than on the mutual attraction between the man and the woman. Mutual love and affection arise as a consequence and not the cause of matrimony. In not a few instances, within the household, the husband gave his mother more consideration than his wife. And so, when speaking of laws, one can see how the authority and rights of the husband, the father and the in-laws were more strictly upheld.

The husband's mother assumed a major role in the education of the children. Mothers do not give birth to children, but to grandchildren. Children were overprotected and yet very few rebelled and ran away from home. Sometime, the parents and grandparents posed obstacles, if not completely hinder, a child's spirit of initiative and creativity. The elders easily became authoritative and dogmatic, such that young people ended up passive and conformist.530

The woman had to be absolutely faithful to her husband but the man had the “right” to abuse the marriage. One only spoke of the man's loyalty to his sovereign. In the traditional relationships in China, a husband's unconditional fidelity to his wife was non- existent. The system admitted (or tolerated) a man having more than one wife. This defect in the institution and in the family system is really due to a lopsided conception of the family, where the two sexes were not considered equal.

In the classical model of the family, given all men's tendency and capacity to do evil, children were subjected to a strict, authoritarian education. Parents decided on everything that concerned their children. Obedience was over-rated, to the detriment of personal freedom. In contrast, the parents' most important task in the classical Western family is to teach their children to make good use of their freedom.

3. The Laws a. General Principles

529 Ku, H.M. (2006), p. 78 530 Irving, H. (2002), p. 65. 241

China had observed the Golden Rule from Confucius' times onwards. “Do unto others what you want others to do unto you.” It is a tenet that moves men to be constantly tolerant with others--tolerance understood as not interfering and “letting things be.”

The five social relationships were not simply descriptive, but prescriptive. That is, to recognize one as my sovereign or my father already implied mutual obligations: I had a fixed set of duties towards them, and they towards me. These two laws governed every social relationship and reinforced the Golden Rule. Yet its application depended on one's position in the family or in society.531

The laws of Chinese society can give us an “x-ray” view of the state-family relationship. Confucianism influenced the laws from the Han Dynasty (206 BC) until the late Qing Dynasty (1911 AD). During the Imperial Period, the principal aim of the laws was to put the social relationships in order. The imperial laws reflected the social biases of the time, given that relationships were basically related to the family, and that inequality532 existed within the family.

The State, its functions and relationships with physical as well as juridical persons, comes first in western legal codes. Western laws are primarily a way of enlightening peoples' reasoning. In this context, it only accepts relationships where all parties are on on equal footing, as the West declares that all persons are equal before the law. Western laws are like sign posts that indicate which path to take. On the other hand, Oriental laws show where one should not go. Western laws defend the freedom of the human person, while Oriental laws warn society of man's weaknesses and, more often than not, the penalties that give weight to the prohibitions are strong enough to avoid infractions as well as stamp out offenders.

A great concern during the Imperial period was to ensure that citizens observed the five social relationships. The law was like a tool for guaranteeing stability within the family and in society. The main sources of legislation during this period were the codes of the dynasties, which were basically penal codes. Confucianism remained the state ideology as seen in the fact that even if dynasties changed, the nucleus of their legal codes remained practically intact.533

Of all the laws, those that were more difficult to impose dealt with offenses committed among relatives. To decide on which penalty to impose, it was first necessary to establish the degree of the relationship between the parties involved. This was resolved by

531 Zhang, D.N. (2005), p 321 532 Inequality exists within the family as regards position; still, family members complement each other. 533 Chen, J.F. (2008), p. 22 242 following the rules of mourning that were prescribed in The Book of Rites.534

The book identifies five degrees of mourning. The list, though not exhaustive, includes the following:

First degree: A man with respect to his parents; a wife with respect to her husband or her parents-in-law; a concubine with respect to her “husband.”

Second degree: A man with respect to his grandparents, uncles and aunts, siblings, wife, children, nephews and nieces, and grandchildren. If the woman was married, her parents and grandparents fell under this category.

Third degree: A man with respect to his married sisters, sisters-in-law, cousins and mother-in-law; a woman with respect to her husband's grandparents and uncles and aunts; a woman with respect to her uncles and aunts, siblings, and nephews and nieces.

Fourth degree: A man with respect to his granduncles and aunts and the cousins of his father.

Fifth degree: A man with respect to his great grandparents, the cousins of his grandfathers, and the cousins of his wife.535

To illustrate, the death of one's father would fall under the first degree of mourning, whereby the son should mourn his father for three years. On the other hand, when one's son dies ahead of the father, the latter would mourn for only a year, as this relationship falls under the second degree of mourning. Analogically, the law also made distinctions when punishing a person who commited a crime against a relative on the first, second or third degree. Finally, if the persons involved do not fall under any of the five degrees of mourning, then the law dealt with them as persons not bound by blood.

One item that stands out in the Imperial Codes is the extreme indulgence with which the law treated a father who offended his son, even deliberately; and the extreme severity with which it punished a son who offended his parents, even unintentionally. The codes of Ming (1368-1644) and Qing (1644-1911) reinforced this obligation to punish offenses against filial piety.

Another characteristic that prevailed throughout the Imperial Period was the laws' bias for the families of a betrothed couple. Young people were not free to decide on who to

534 Mac Cormack, G. (1996), p. 75 535 Smith, R.J. (1994), p. 87 243 marry; the matter was left solely in the hands of the parents or the oldest member of the family. During the Tang Dynasty, the law did not penalize the family of the man for breaking the marriage contract; they were not obliged to honor the contract and only had to return the dowry. However, if the contract was violated by the family of the woman, then the father or the family member who committed the offense was to receive 50 lashes and was legally obliged to maintain the contract.

Much later, during the Ming and Qing Dynasties, the guilty family, regardless of whether it was the man's or the woman's, received the same punishment. The member of the family that violated the marriage contract was subjected to 50 lashes and was legally obliged to honor the marriage contract.

The Imperial Codes elaborated the wife's obligations towards her husband and his family. The husband was obliged to respect his wife's position; thus it was criminal for him to have a second wife as long as he was married to the first one. However, all the codes allowed men to have one ore more concubines. 536 According to the law, having a concubine did not compromise the wife's position, as the concubine was considered inferior to the wife. In order to avoid undermining the foundations of the family, the codes had provisions that upheld and protected the wife's legal status. For instance, in the Code of Tang, one who disrespected his wife was condemned to a year of penal servitude. The succeeding codes imposed a penalty of 90 lashes.

The laws that dealt with the breaking of the marriage bond consisted of a list of a wife's duties and reflected the legislator's intent to strengthen the man's position in the family. Echoing The Classic of Rites, these codes authorized the husband to divorce his wife for any of the following reasons:

- not bearing a male child by the time she turns 50; - shameful conduct; - refusal to serve her husband's parents; - loquaciousness; - stealing; - jealousy; and - contracting an incurable illness.

Imprisonment was not considered a punishment per se but a means to detain suspects and, eventually, witnesses during legal proceedings. In some cases, when the evidence was sufficient to sentence one to death or to severe chastisement, the passing of the final

536 Mac Cormack, G. (1996), pp. 89-90 244 sentence could be indefinitely postponed and might be reduced to life imprisonment.537

The masters of Legalism during the Qin Dynasty, for example, imposed harsh penalties, like tatooing the face or cutting off the nose. Mutilation of this kind was stopped during the Han Dynasty. From then on, until the end of the 19th century, punishments remained the same, with some slight variations. b. The Great Ming Code

This code (1368-1644) is an amalgam of the gentle Confucian family system and the harsh state penalties that inspired the Legalists during the Qin Dynasty. These two characteristics predominated in the Imperial Period for 2000 years. A quick review of the codes of the Tang, Song, Ming and Qing Dynasties is enough to see how similar they are in structure as well as content. One proof to this is the concurrence of The Five Punishments, The Ten Abominations, and The Eight Deliberations.

To delve further in the study of the family-state relations during the Imperial Period, given the similarities among the legal codes of the different dynasties, it is enough to use one code as a reference point. The code of the Ming Dynasty (1368-1644) is particularly interesting. After undergoing four revisions, its final version was promulgated in 1397 and, besides being used by the Chinese state, it served as a model for the judicial system of Korea, Vietnam, and Japan.538

The first article of the Ming Code describes The Five Punishments as coercive methods to ensure peace in society. Those condemned to receive the first punishment received 10- 50 strokes with a light stick. Starting with the lightest penalty of 10 beatings, 10 more were added, depending on the gravity of the crime. Those condemned to the second level received 60-100 strokes with a heavy stick. The third penalty consisted of a year of penal servitude, plus 60 strokes with a heavy stick. Again, depending on the seriousness of the offense, the penalties increased to three years of penal servitude plus 100 strokes with a heavy stick. The fourth penalty was life exile, preceded by 100 strokes with a heavy stick. The distance of the place of exile depended on the gravity of the crime—from 2000 to 2500 to 3000 li.539 The fifth punishment was death by strangulation or decapitation.540

The second article defined The Ten Abominations, or the most detestable crimes according to Confucian morality. It covered the major offenses against the sacredness of

537 Lewis, M.E. (2007), p. 242 538 Jiang Y.L. (2005), Introduction, xxxiii 539 A li is a unit of measure that is equal to 572 meters. 540 The Great Ming Code (2005), p. 17. In some exceptional cases, a person was sentenced to be sliced into pieces. We shall be using here Jiang Yonglin's translation of The Great Ming Code. 245 the five social relationships, which excluded any possibility of commutation or the granting of amnesty:

“The first is plotting rebellion. (This means to plot to endanger the Altars of Soil and Grain [Art. 277].)

The second is plotting great sedition. (This means to plot to destroy imperial ancestral temples, mausoleums, or palaces [Art. 277].)

The third is plotting treason. (This means to plot to betray one's own country or to go over to another country [Art. 278].)

The fourth is contumacy. (This means to strike [Art. 342] or to plot to kill [Art. 307] paternal grandparents, parents, or husband's paternal grandparents or parents; or to kill paternal uncles or their wives, paternal aunts, older brothers or sisters, maternal grandparents [Art. 341) or husband [Art. 338]).

The fifth is depravity. (This means to kill three persons of one family who have not committed a crime punishable by the death penalty, to dismember persons [Art. 310], to mutilate living persons [Art. 311], to make or keep insect poisons, or to practice sorcery [Art. 312]).

The sixth is great irreverence. (This means to steal the objects for the Great Sacrifices to the spirits [Art. 280] or the clothing or personal effects of the Carriage [that is, the emperor] [Art. 283]; to steal [Art. 283] or counterfeit imperial seals.... [Art. 182]).

The seventh is lack of filial piety. (This means to accuse to the court [Art. 360], to cast a spell on [Art. 312], or to curse with bad language [Art. 352] paternal grandparents, parents, husband's paternal grandparents or parents...[Art. 93]).

The eighth is discord. (This means to plot to kill [Art. 307] or to sell [Art. 298] relatives of the fifth degree of mourning541 or closer; to strike [Arts. 338, 343] or accuse to the court [Art 360] one's husband, senior or older relatives of the third degree of mourning or closer...

The ninth is unrighteousness. (This means for commoners to kill their own prefect, subprefect, or magistrate [Art. 306]; for soldiers to kill their own guard commander, battalion commander, or company commander [Art. 306]; for functionaries to kill their

541 The degree of mourning was in accordance with how closely one was related to the deceased relative(s). This will be later explained in The Ten Deliberations. 246 own department head of the fifth rank or above [Art. 306); to kill the teacher from whom one has received one's education [Art. 334]…

The tenth is incest. (This means to commit fornication with relatives of the fourth degree of mourning or closer [Art. 392] or with one's father's or paternal grandfather's concubines [Art. 392], or [for those women] to give their consent [Arts. 392, 390]).542

The death sentence was prescribed for nine of these abominations. For some, the penalties extended to one's relatives. For example, Art. 277 (in the first and second abomination) declared, “In all cases of plotting rebellion or great sedition, those who jointly plot shall all be sentended to death by slicing, without distinction of principals and accessories. Their paternal grandfather, father, sons, sons' sons, brothers, those living in the same household whether or not their surnames differ, [from the criminal's], paternal uncles and brothers' sons whether or not they are in different family registers, and [male] relatives of 16 years of age or older, including those who are incapacitated or disabled, shall be punished by decapitation. Their [male] relatives of 15 years of age or younger, mother, daughters, wives, concubines, sisters, and sons' wives and concubines shall be enslaved into families of meritorious officials. Their property shall be confiscated by the government.543

Although the family enjoyed the privilege of being the only social institution, it was subjected to a Draconian legal system where an entire family suffers for the crimes of one of its members. Many aspects of the legal system tried to strengthen family ties but, as we have seen in the above-mentioned articles, individuals as well as families turned out victims of this system.

The Ten Abominations refered mostly to disloyalty to the emperor or higher officials, and disrespect towards one's parents and older relatives. Note again that the theory of imposing harsh penalties as a way to control the people was drawn, not from Confucianism,544but from the writings of the Legalists, the Lord of Shang and Han Fei Zi.

It is difficult to establish the extent with which the followers of Confucius were involved in the game of defending their moral system using the weapons of its enemy. Or were they simply victims of the imperial power? We can however find out where all this came from.

The third article, The Eight Deliberations, consists of eight categories of citizens who

542 The Great Ming Code (2005), p. 18 543 The Great Ming Code (2005), p. 154 544 Mac Cormack, G. (1996), p. 4 247 had the right to receive special treatment. This confirms the legislators' intent to apply the law inequitably and so protect certain citizens who occupied (or who had occupied) important positions in society. The Eight Deliberations are as follows:

The first is deliberation for relatives. (This refers to relatives of the emperor of the sixth degree of mourning or closer, the relatives of the grand empress dowager and the empress dowager of the fifth degree of mourning or closer, the empress' relatives of the fourth degree of mourning or closer, or relatives of the wife of the heir apparent of the third degree of mourning or closer).545

The second is deliberation for old retainers. (This refers to the old retainers of the imperial family who have been in the service of the emperor and received special favors from the emperor for a long period of time).

The third is deliberation for meritorious subjects. (This refers to those who can kill enemy generals, carry off their flags, or destroy enemy troops in an area of 10,000 li; who can cause troops to surrender and obtain peace for a time; or who can extend the boundaries of the country and accomplish extraordinary meritorious deeds, whose heroic achievements are recorded on the grand banner).

The fourth is deliberation for worthies. (This refers to those greatly virtuous worthy men and gentlemen whose speech and conduct can be regarded as models.)

The fifth is deliberation for talents. (This refers to those of great ability who can lead armies, manage governmental affairs, assist the ruler, and serve as models on how to conduct human relationships.)

The sixth is deliberation for diligent subjects. (This refers to high military and civil officials of extraordinary diligence who reverently hold office and work on public affairs day and night or who are sent on a misson to distant areas and experience dangers and difficulties.)

The seventh is deliberation for subjects of high position. (This refers to those with noble titles of the first rank, civil and military active-duty officials of the third rank or above, and titular officials of the second rank or above.)

The eighth is deliberation for guests. (This refers to descendants of preceding dynasties

545 The consideration of blood relationship up to the sixth degree, instead of the fifth, was granted only to the Emperor. 248 who have been received as guests of the state.) 546

It was expected that the emperor would make good use of his benevolence when deciding on cases, taking into account the merits of the accused, or his relationship or friendship with the same. All the previous dynasties, except the Qin, confered great privileges on those who were categorized in The Eight Deliberations. Discrimination based on function existed even before the Qin Dynasty. As The Classic of Rites indicates, the high officials of the Empire are exempted from punishment.547

When a person who fell under any of the categories of The Eight Deliberations commited a crime, the emperor was to be directly informed via a sealed notice that sought an imperial decision. An investigation was to take place only if the emperor authorized it. If the emperor called for a deliberation, or an investigation of the circumstances behind the offense, the decision was to be raised to the court.... The privileges in this article did not apply to some of the crimes indicated in The Ten Abominations.548

The Eight Deliberations were a way of mitigating the severity of the laws that were proposed by the Legalists of 3 BC. At the very least, by resorting to Confucian humanism, some citizens could be exempted from punishment. Still, this was based on favoritism and it is obvious that the majority of these citizens were close to the Emperor and his court.

The theoretical foundation of the article in The Eight Deliberations may be traced to 176 BC, when a Confucian master proposed to the emperor in writing reasons why government officials of high standing should not be subjected to a humiliating judicial process. For one, this master cited, these officials should not suffer mutilation or execution as a gesture of respect toward the Emperor himself.

Another characteristic of the imperial codes is their opening up of a possibility for one to go unpunished on grounds of age or disability. For example, Article 21 of the Ming Code stipulates, “In all cases where those who are 70 years of age or older or 15 years of age or younger or disabled commit crimes punishable by life exile or lighter, may redeem their punishment.”549

The same article reiterates that the crimes indicated in The Ten Abominations left no room for redemption, or for minimizing the penalty or for granting amnesty. However,

546 The Great Ming Code (2005), Art. 3, p. 19 547 Johnson, W. (1997), p. 23 548 The Great Ming Code (2005), Art. 4, p. 20 549 The Great Ming Code (2005), Art. 21, p. 30 249 those who were over 80 years old could redeem their punishments. People older than 90 and younger than seven had a greater chance to redeem or even be absolved from the punishment that they deserved, on account of their physical and mental incapacity. This shows the law's sacred respect for the aged and its care for children.

The possibility of redeeming one's punishment is in itself a new source of inequality, even if it is already considered a huge privilege for the condemned person. Those who were wealthier could evade the punishment that they deserved. The first article of the Code indicates the monetary equivalent of redemption. For the first two punishments (beatings with a light stick), one could pay six copper guan.550 For the third punishment (penal servitude), one could redeem himself with 12-24 guan. For the fourth punishment (life exile), redemption demanded 30-36 guan, the fifth (death penalty) required 42 guan.

Even if offenders were treated unequally, based on their wealth or position in the family and in society, we can still say that the Codes were written with a great sense of equality or imparciality. For instance, Article 22 states, “In all cases where those who commit crimes before becoming aged or maimed have become aged or maimed when the affairs are discovered, they shall be judged according to the provision on those who are aged or maimed.” Similarly, when a child who commits a crime at an age when he could obtain redemption (Art. 21) but is discovered when he is much older, then he will be judged and penalized according to what is stipulated for minors.

The equity of the law is likewise seen in the formula for granting amnesty to those condemned to life exile. Article 17 states, “In all cases where those punished by penal servitude or life exile are en route when an amnesty is proclaimed, if it is calculated that they exceed the time limits of their journey, they shall not be released under the amnesty.” For example, if the place of exile is 3,000 li away, it is calculated that a day's travel would be equivalent to 50 li and that the person should reach his destination in 60 days. If amnesty is proclaimed before the 60-day limit, the criminal will be set free regardless of the distance already covered. On the other hand, the person could not avail of the amnesty if 60 days had passed and he is still on his way to the place of exile.

In the same spirit, Article 34 declares that the murderer of military personnel will be executed according to the law, and that his adult male relative(s) should enter military service to fill up the vacant post(s). Despite some discrepancy, it is easy to see the juridical logic behind this, which is to restore to the army the man that it lost.

Article 47 specifies how and where penal servitude and life exile are carried out. The

550 One guan was equivalent to 1000 yuan (As of January 2010, a yuan was valued at 15 American cents.)

250 convicted were sent to the salt farms or the iron smelters, where they were required to produce three measures of salt or iron a day. Moreover, convicts were sent far from their places of origin. For instance, a criminal from the north was sent to the south.

The third chapter of the Ming Code deals with laws on revenue. Since households ran the means of livelihood during the Imperial Period, this chapter contains many articles that affected the family. We have chosen some articles that offer a wealth of information about the family's status before the law.

Article 81: In all cases where a household is completely unregistered, if it should contribute to land taxes or corvée services, the household head shall be punished by 100 strokes of beating with the heavy stick. If it should not contribute to land taxes or corvée services, [the household head] shall be punished by 80 strokes of beating with the heavy stick. It shall be registered and corvée services shall be performed.

Penal servitude is understood as obligatory work that all adult males rendered every year for one month. It consisted of a variety of tasks, such as repairing roads, bridges and public buildings; excavating wells; managing and draining the irrigation canals; controlling floods and the irrigation systems; and building imperial tombs.551

Article 84: In all cases of illegally designating wives' sons [as heirs], the offenders shall be punished by 80 strokes of beating with the heavy stick. If wives are over 50 years of age and have no sons, the eldest son of a concubine may be designated. If the eldest son is not designated, the punishment shall be the same.

Before the law, the wife is inferior to the husband. Thus, if a man, without authorization, killed his wife or one of his concubines because she struck or insulted his parents or grandparents, he was to be punished with 100 beatings with the heavy stick. However, if a husband beat or insulted his wife or one of his concubines and so drove her to suicide, he was not to be punished.552 On the other hand, “In all cases where a wife strikes her husband... [and] causes death, she shall be punished by decapitation. If she deliberately kills her husband, she shall be sentence to death by slicing.”553

The status of a concubine is much lower than that of the wife: men, including the Emperor, could only have one wife. As Article 109 states, “In all cases of making wives concubines, the offenders shall be punished by 100 strokes of beating with the heavy stick.” While a married man who took a new wife was condemned to 90 strokes of

551 Lewis, M.E. (2007), p. 250 552 The Great Ming Code (2005), Art. 316, p. 174 553 The Great Ming Code (2005), Art. 338, p. 185 251 beating with the heavy stick, and his second marriage rendered void.554 For commoners, who were the majority of the citizens, a man could take a concubine only if he was over 40 years of age and his wife had not given him sons. The offender in this case was punished by 40 strokes of beating with the heavy stick.

Article 85 deals with cases of families that sheltered children who ran away from home. If they kept or sold them as wives or concubines, then the head of the household was punished by 80 strokes of beating with the heavy stick, plus penal servitude for two years. If the runaway children were sold as slaves, the head of the household was punished with 90 strokes of beating with the heavy stick and penal servitude for two and half years.

Without doubt, given the cases of runaway children, the law indeed protected the family. It was a family's duty to inform the family and return the child to them. It was prohibited to keep the child even if the family did so in good faith. Article 108 foresaw the case of mortgaging or renting out of wives or concubines, as though they were objects, in order to acquire property. The culprit was punished by 80 strokes of beating with the heavy stick. One who mortgaged or rented out his daughters was punished by 60 strokes with the heavy stick. In all the said cases, the women involved were not punished.

Article 88, for its part, deals with families who hid their sons or nephews from the yearly duty to render manual labor. The head of the household who did so was punished with 100 strokes of beating with the heavy stick. This confirms that parents were responsible for their eldest sons: the father assumed the penalties if his son did not show up to fulfill this obligation.

It can be affirmed that the law indeed fostered and upheld paternal authority. As Article 93 declares: “In all cases where paternal grandparents or parents are living, and sons or sons' sons establish separate household registers or divide the family property, they shall be punished by 100 strokes of beating with the heavy stick. (They shall be punished only if the paternal grandparents or parents accuse them to the court in person.) If, during the mourning period for their parents, brothers establish separate household registers or divide the family property, they shall be punished by 80 strokes of beating with the heavy stick. They shall be punished only if a relative of a higher position accuses them.”

Article 94 declares that a young man who lived in the house of his parents and who, without authorization from his father, disposed of a family property worth 20 guan, was punished by 20 strokes of beating with the heavy stick. For each additional guan, the

554 In the case of beating or harming one's wife, the husband's punishment was two grades lower than the penalty incurred if he harmed one who was not of his household. If he hurt his concubine, the punishment was two grades lower than what he would incur if he beat his wife. (Tang Code, Article 325) 252 penalty was increased by one degree.

Young people's dependence on their parents was absolute. They could not own anything and so could not start their own businesses. Given this hindrance to freedom, one could not develop his talents to the full. Given this situation, the family was completely stable. Parents could count on the family's economic resources and young people knew that they would never lack anything as long as they stayed within the walls of their father's household.

The third section of this chapter is composed of 18 articles on matrimony. The more important topics here are the following:

Article 107 obliged a family to inform its potential in-laws about a condition(s) of their son or daughter that could make the other family change its mind regarding the marriage. Withdrawing information in this regard was punishable by 50 strokes of beating with the heavy stick.

Article 113 prohibited persons who bore the same surname to marry. Both families who violated this rule were punished by 60 strokes of beating with the heavy stick.

Article 117 prohibited men from marrying wives or concubines who were fugitives from the law. The man who did so was to suffer the same punishment as the woman.

Article 123 prohibited repudiating one's wife for reasons outside the seven causes stated in The Classic of Rites. The husband was to be punished by 80 strokes of beating with the heavy stick. The woman was to return and be reunited with her husband.

Article 111 prohibited marriage during the period of mourning. This was punished by 100 strokes of beating with the heavy stick.

Of the articles on matrimony, we wish to highlight that the heaviest punishment was imposed on those who did not respect the period of mourning for one's parents (Article 111). The law continued to protect and uphold filial piety, leading the Chinese people along the path opened by Confucius.

Moving on, we look at the Code's obligations as regards money. Article 168 states, “If wives, concubines, sons, or daughters [of obligors] are taken in satisfaction of debts, [the responsible persons] shall be punished by 100 strokes of beating with the heavy stick. For those who take by force, the penalty shall be increased by two degrees. If they forcibly seize and have sexual relations with others' women or girls, they shall be strangled. The

253 persons who were seized shall be returned to their families. The private debts shall be not be recovered.”

Article 444 presents an interesting case: “If pregnant women commit crimes and should be judicially tortured or beaten [with the light or heavy stick], they shall be put in the charge [of their husbands or relatives within the degrees of mourning until they deliver.] They shall all be judicially tortured or beaten 100 days after the delivery. If they are judicially tortured or beaten before the delivery and as a result they abort, officials or functionaries shall be punished for injury in ordinary affrays reduced by three degrees.” If, as a consequence of the beating, the woman suffered a miscarriage and the fetus was over 90 days old, those responsible for this were to receive 80 strokes of beating with the heavy stick plus two years of penal servitude. The same article continues, “If [pregnant women] commit capital crimes, allow midwives to come to the prison and examine them. The penalty shall also be executed 100 days after the delivery. If the penalty is executed before the delivery, the offenders shall be punished by 80 strokes of beating with the heavy stick.”

This law features several interesting aspects. First, it delayed punishing the mother in favor of the child that she bore in her womb. The penalty was applied 100 days after she delivered so that she could feed and look after her baby. This indicates that, from ancient times until the 20th century, the law recognized the fetus' right to life and to be cared for as soon as it is born.

Secondly, if out of unreasonable zeal, the officers advanced the execution of the corporal punishment, and caused the death of the fetus, the law acknowledged that they should be punished even if it was established that they were only fulfilling their duties. This attitude reaffirms the aforementioned principle: the life of the fetus must be protected and the law must avoid risking its death while its mother is being punished.

Thirdly, the life of the child was considered independently of its mother. Thus, the child was viewed as innocent and undeserving of its mother's punishment. Even if the mother's offense fell under any one of The Ten Abominations, the unborn child was excluded from the death penalty imposed upon its adult relatives; instead, the child would become a slave—that is, the law saw that it was better to be born a slave than never to be born at all.

Fourth, if the officers in charge executed the mother before she delivered her child, they were to be punished for the murder of an innocent person. This law shows that, in Confucian morality, the unborn child (the fetus) enjoyed the State's protection.

Another case to consider is that of the sad consequences of gambling. Article 402

254 condemned those who gambled away their properties to 80 strokes of beating with the heavy stick. In extreme cases, a man's addiction to gambling could lead him to bet out his own wife. The penalty for this offense is included in Article 298: “Those who sell wives as slaves...shall be punished with 100 strokes of beating with the heavy stick and life exile at a distance of 3000 li.” Moreover, once the wife knew what awaited her, and so decided to kill her children and herself, the husband was to be sentenced to death and was disqualified from appealing for deliberation or redemption, or to be granted amnesty.

The Ming Code also contains information about the legal status of Buddhist and Taoist monks. Article 195 states, “All Buddhist and Taoist priests and nuns shall honor their parents and conduct sacrifices to their ancestors; the mourning degrees shall be the same as those for ordinary people. Any violations shall be punished by 100 strokes of beating with the heavy stick, and the offenders shall return to lay status.” While article 44 stipulated that the relationship of Buddhist and Taoist priests and nuns with “the masters from whom they have received their education shall be considered the same as that to paternal uncles and their wives.” This refers to their relationship with those who directly instructed them in the Buddhist temples or Taoist monasteries. They were to honor them as their masters, while the masters should treat their disciples as though they were the children of their own brothers.

Article 83 deals with the establishment of Buddhist or Taoist monasteries:

“1. In all cases where Burddhist or Taoist monasteries, except for the existing ones, are not allowed to be established or enlarged without authorization, any violations shall be punished by 100 strokes of beating with the heavy stick and returning to lay status. Buddhist or Taoist priests shall be sent to the distant frontiers in military exile. Buddhist or Taoist nuns shall be enslaved to the government.

2. If Buddhist or Taoist priests do not petition for ordainment certificates but they themselves shave their heads without authorization, they shall be punished by 80 strokes of beating with the heavy stick. If this is initiated by household heads, the household heads shall be punished. If abbots of Buddhist or Taoist monasteries or teachers ordain without authorization, the punishment shall be the same, and they shall all be returned to lay status.

The following can be deduced from the Code's three articles. From the first one, the law did not exempt Buddhist or Taoist monks and nuns from their duties of filial piety and respecting the stipulated periods for mourning the dead. The second article compared the relationship between a Buddhist or Taoist master and a disciple to that of an uncle and his nephew. While the third one shows that even if the state did not directly interfere with

255 religious institutions, it actually controlled their growth and expansion.

This means that, in many aspects, the state viewed the Buddhist monasteries and Taoist temples as one more household and therefore required to observe filial piety along with other family relationships. For this same reason, they should submit to the same control that other families were subjected to. The state protected the authority of the head of the household and communicated directly with him. All of the family's patrimony was handled by the pater familias. He was responsible for registering all of the people who lived under his roof; for declaring the number of young people who must fulfill their duties to the state and to the army; and for paying taxes.

Shun Zhi, the first Emperor of the Qing Dynasty (1644-1911), and a native of Manchuria, decided to carry on the institutional structures of the Ming Dynasty. The first code of the Qing (1646) was practically a carbon copy of that of the Ming.555 This code, with some minor revisions, remained in force until the beginning of the 20th century. In fact, the continuity of the laws transcends the similarities between the two codes. It is a continuity that goes way back to the Tang and even the Han Dynasty. From then on, the fusion of Confucianism with Legalism was indestructible.

Chinese humanism survived time and the different dynasties. The customs and the laws remained unchanged. Social unity was guaranteed by family unity, through such prohibitions as not marrying one who bore the same family name; through the imperial system of education and selection of candidates to government service; by the great walls that protected the empire; by the sense of security among the citizens who trusted in the common sense of their neighbors; by laws that upheld family relationships. This was so until a foreign element made a surprise appearance.

From the middle of the 19th century onwards, a long period of suffering began. The Chinese family could no longer tolerate a legal system that imposed corporal punishment as a way to protect the family. Students and intellectuals, followed by the middle class and, finally, the peasants, were to launch themselves into a chain of protests, demands, rebellion, and revolution. This long and painful process affected everyone during the 19th and on to the 20th century.

555 Head, J. and Wang, Y.P. (2005), pp. 198-199 256

257

Part Three: The Republican Period

Chapter IX The Nationalist Revolution

1. The Fall of the Empire

For millennia, China has been threatened by outside forces that crossed its northern and western borders. Yet the biggest danger that it faced in the 19th century came from its southern shores. Society, that is, the state and the family, was not ready to satisfy the ambitions of these foreign powers. Portugal had already made its presence felt in the southern coasts since the 16th century, but did not pose a serious threat to the Empire.

It was during the 19th century that China suffered increasingly in the hands of foreign powers. This, in turn, aggravated the people's growing discontent with the government's inefficiency, and gave way to the most significant institutional changes and legal reforms ever seen in the past two millennia.

In 1796, 1814, and 1815, strict decrees were issued against the trafficking of opium, a business that nevertheless continued to flourish. In 1839, a special envoy from the imperial court confiscated all the opium that the British firm, East India Company, had stocked in the city of Canton. This step gave rise to military strife between China and England. When an English fleet docked in the city of Nanjing in 1842, the imperial court proposed the holding of peace talks, which eventually meant capitulation. China had to cede the island of Hong Kong to England, pay 21 million dollars in silver as indemnity, and open four ports to foreign commerce. A year later, England further imposed a clause that entitled it to more favors from China, including extra-territorial privileges for English citizens.556

En 1857, a military contingent of English and French soldiers seized Canton. A year later, through the Treaty of Tianjin, the two countries successfully negotiated for indemnity and

556 Franke, H. and Trauzettel, R. (1993), pp. 303-305 258 even more privileges. Ten days later, Russia and the United States of America also managed to obtain the same benefits. Despite this, and because new disputes arose, foreign armies sacked and destroyed the imperial summer palace in the outskirts of Beijing in 1860. As a result, opium trafficking was legalized and foreign vessels were allowed to ply China's inland waters.

The production and sale of opium was one of the first foreign enterprises established in China. On one hand, this was a hallmark development because, as a business enterprise, it proved the viability of an institution that was was not family-based and organized in a professional manner. On the other hand, this remains a important lesson for governments, as it is their duty to ensure that the goals of business establishments in their countries should not be detrimental to persons, families or society.

The weakness of the state during the Qing Dynasty, greatly due to the limitations of the family system, was rooted in the the failings of other institutions. During the period that encompassed the Ming and Qing Dynasties, numerous intermediary associations (juridical persons) were developing in the Western world and strengthened society as a whole. Aware of these changes, Japan started to open its doors to the West in the late 19th century. However, the Chinese government did not recognize the scope and opportunities offered by these developments and decided to remain isolated from the rest of the world.

With the entry of foreign businesses, the Chinese people realized the benefits of establishing similar enterprises, not only to compete with them, but also because they saw the advantages of putting up new civil institutions.557The China Merchant’s Steam Navigation Company, one of the first of its kind, was founded in 1873 and incorporated in Shanghai with an authorized capital of one million taeles.558As the only company that the state used to transport merchandise, it enjoyed preferencial loans and land facilities for its stations in the different ports. The economy was moving to strengthen itself and underwent rapid and successful expansion. However, this incepient market economy did not survive growing political and military problems.

In 1894, China lost its naval fleet in a battle with Japan, with whom it was in conflict due to the Japanese invasion of Korea. In 1895, the Japanese landed on Chinese territory to launch an offensive against Beijing. To prevent this, China signed another agreement, the Treaty of Shimonoseki, where it ceded Formosa (Taiwan) and the Pescadores Islands to Japan. Other forced surrenders of Chinese territories included: Qingdao to Germany in 1897; Lu Shun Kou and Dalni to Russia in 1898; Weihai (Shandong) to England and the

557 Faure, D. (2006), p. 50 558 One tael was equivalent to 1.4 yuan (As of January 2010, one US dollar was equivalent to 6.8 yuan) 259

Bay of Guangzhou to France, both in 1898.559 The USA did not make any territorial claims although it demanded an open-door policy and equal opportunities for all businesses in the areas that were considered territories of other foreign powers. Thanks to this move, the USA shortstopped the virtual disintegration of China.560

In 1895, over 1200 intellectuals who had passed the provincial examinations were in Beijing to take the national examinations. The group, headed by Kang Youwei (1858- 1927), sent the emperor a memorandum that expressed their opposition to the Treaty of Shimonoseki and demanded a series of reforms.561 The significance of Kang Youwei's reform movement lay in its attempt to find in Confucianism a theoretical justification for institutional change. The intellectuals of this movement believed that, besides receiving foreign weapons and technology, there was no need to undertake more changes in society and in the government. Kang Youwei urged the Court to adopt the model which Japan's Meiji rulers had been implementing since 1868. 562 Among the reform movement's demands, the following are worth noting: the creation of deliberative assemblies made up of members of all social classes, and sending the youth to study in other countries in order to acquire new knowledge that could reinforce the foundations of the Empire.

Amidst all these, resulting from a growing sense of xenophobia, the Boxer Rebellion took place in 1900. The Boxers attacked everything that smacked of foreign presence: products, machines, railroads, ideas, and even persons. A good number of Christian missionaries and Chinese converts to Christianity were killed during this period. The German ambassador was assassinated in retaliation for his having executed some Boxers. The Boxers besieged the foreign embassies and Beitang, the cathedral north of Beijing, even without the authorization of Empress Zi Ci. In response, a contingent of 20,000 soldiers from eight countries 563 landed in Tianjin and marched to Beijing. After occupying the capital, the soldiers sacked and burned the city for three whole days.564

The International Protocol that China signed to reestablish peace imposed even harsher conditions: the Boxers were to be severely punished; foreign soldiers were to be permanently stationed in Beijing; an indemnity of 450 million dollars in silver, which was payable in 39 years; and foreign control of the maritime ports and the revenues on salt production to guarantee the payment of the said debt. There was unbearable pressure to change the system of government.

559 Herbert F. and Trauzettel, R. (1993), pp. 313-315 560 García Menéndez, S. and González Huertas, J.R. (2006), pp. 382-384 561 Cotterell, A. (1995), p. 240 562 de Bary, T. and Lufrano, R. (1999), p. 203 563 England, USA, Germany, France, Russia, Japan, Italy, and Austria 564 García Menéndez, S. and González Huertas, J.R. (2006), pp. 386-388 260

In January 1901, Empress Zi Ci, who lived in exile in Xian while the troops of the seven foreign powers occupied the capital city, promulgated an edict that asked the high officials of the imperial court and of the provinces to recommend legal reforms, using as a model the legislative systems of the said foreign countries.

In 1903, a code on companies and another on bankrupcy was promulgated. In 1904, a commission was formed to revise the penal code. This was the start of a new era for China. In 1905, the imperial court sent a delegation to Japan, Europe, and the USA to study the constitutions of the said countries. When the delegates returned, they recommended the adoption of the Japanese model. This proposal was to transform the empire into a constitutional monarchy.

The primary objective of the commission that reviewed the penal code was to eradicate the cruel corporal punishments that were then still in force. The imperial court also entrusted this commission to prepare a transition code, where the traditional laws were to be set aside and elements of the modern western laws, incorporated. From 1907 to 1911, the commission completed the draft of China's first civil code, which consisted of five books: general principles, obligations, royal rights, family, and succession. This, however, was never promulgated due to the fall of the empire in 1911.565

In the streets, the loss of the people's sovereign rights was decried and the atmosphere took on an increasingly revolutionary tone. Liu Shipei (1884-1919), one of the more radical philosphers of the time, rejected the three human relationships that made up traditional society and which were the pillars of the empire and of the family. In 1908, he expounded his vision of an ideal society, where all forms of inequality were abolished: women were equal to men, and government and private property were to be abolished by a peasant revolution. Kang Youwei and Liu Shipei represent two opposing views that stood out at the turn of the 20th century: reform and revolution.566

In May 1911, to acquire financial loans, the government ceded the right to build new railroad lines to foreign businesses. Local investors saw this step as another concession. This time, peasants and students joined the intellectuals' anti-government demonstrations. Similar demonstrations took place in Chengdu, the present-day capital of Sichuan province. In an attempt to quell the popular uprising, the governor of Sichuan ordered the mass execution of rebels in September of that year. Instead, the protests escalated into armed insurrection. The rebels announced their defiance to the Qing Dynasty in Wuchang (Wuhan) on October 10, 1911. A few days later, the central government lost control of two thirds of the empire.

565 Chen, J.F. (2008), pp. 23-27 566 Cheng, A. (2006), pp. 544-546 261

2. The Republic of China

On December 29, 1911, delegates from the rebel provinces converged in Nanjing and proclaimed the Republic of China under a provisional president, Dr. Sun Yatsen. On February 12, 1912, the government announced that the emperor had abdicated and declared China as a Republic with Yuan Shikai as president. Dr. Sun Yatsen voluntarily gave up the presidency to prevent civil war.567

Unfortunately, the change of the government system brought about neither peace nor order, much less prosperity. Two years later, the First World War broke out. Japan declared war on Germany and their first battle took place with concessions on the German territories in China: Qingdao in the peninsula of Shandong. The following year, in 1915, Japan imposed The 21 Petitions on Beijing, demanding more rights and privileges in Manchuria and in its mining and public works concessions.

President Yuan Shikai was forced to concede, even as he refused to give in to Japan's demand to assign its own advisers in the Chinese army, the police, and in the administration of the government treasury.568 Yuan Shikai died in June 1916, leaving behind a political vacuum during which the Beijing government only served as a puppet government.

With the introduction of western ideologies, the Chinese reformists declared their rejection of Confucianism and Imperialism. The New Cultural Movement of May 4, 1919 popularized this slogan all over the country: “Down with the tents of Confucius.” Confucius for them was a symbol of backwardness, rigidity, and stagnancy, the way bound feet were for women, braids for men, and royal vestments for mandarins.569 In this sense, one may affirm that the reformists confused the family with the family system, and attributed the failings of the political system to the former.

Public rage peaked when news of the Versailles Conference (1919) reached China. China had embraced the cause of the Allied Forces and trusted that the territories that were seized by the Japanese would be restored. However, the first news that hit the Chinese public was the announcement of the Japanese representative to the Plenary Conference of the Big Five (USA, Great Britain, France, Italy, and Japan): that Japan had signed secret treaties with Great Britain, France, and Italy to assure that the three would support its occupation of Manchuria.

567 Franke, H. and Trauzettel, R. (1993), p. 328 568 Roberts, J.A.G. (2006), pp. 212-213 569 Wu S.L. (2005), p. 198 262

During those days, Paul Reinsch, an American diplomat in China, wrote, “There is probably no part of the world that had put so much hope and trust in the leadership of America and France.” Sadly, on April 30, 1919, Woodrow Wilson, Lloyd George and George Clemenceau decided to turn over to Japan all of Germany's territories and enterprises in Shandong province (Peace Treaty of Versailles, Section VIII, Articles 156, 157, and 158).570

On May 4, 1919, the students in Beijing held a demonstration in Tian An Men Square, protesting their government's submission to the Treaty. As the Chinese questioned the new political order, they also began to seek real independence from the country. In the following months, provincial governors successively proclaimed the independence of their states. China was divided into a multi-secular Empire.571

The Republic's brief life span may be summarized along three parallel lines:

The first is the life of the provinces since 1916. With the death of President Yuan, the centralized control of the armed forces no longer existed. This was called the Period of the War Lords, where governors and military captains of the provinces possessed enough arms to wield power over the rest, and so ended up in frequent conflict among themselves. This situation went on until 1928 and presumed a return to the feudal period that preceded the unification of the empire under the Qin.

The second is the reorganization of the revolutionaries led by Sun Yat Sen. In 1923, they formed the Kuomintang Party and, in 1924, declared a Nationalist government whose headquarters and sphere of influence were limited to the Canton province. The Kuomintang was partly supported by the Soviets through the advisers that the Soviet Union sent to the military academy of Whampoa. Sun Yat Sen is considered the Father of the Republic and is respected by both the Nationalists and the Communists.

His successor, Chiang Kai Shek, established a Nationalist government in Nanking en 1928. He soon had to resort to arms, not only to achieve national reunification, but also to boot out the Japanese army from the territory. The Nationalists decided to enforce the long-delayed reforms that were introduced during the Qing Dynasty. The laws remained in force, except those that contradicted the principles of the Republic.572

Academic and cultural pluralism flourished under the Nationalist government.

570 Chow T.T. (1967), pp. 86-93 571 García Menéndez, S. and González Huertas, J.R. (2006), pp. 399-400 572 Chen, J.F. (2008), p. 29. From the Presidential Decree of March 10, 1912. 263

Intellectuals distanced themselves from politics, convinced that their conception of a new China should start with study and research; political action would come later. To promote this movement, the USA channeled the payment of indemnity for the Boxer Rebellion to scholarship grants for Chinese students. The idea was to expose these students to American university education, and so foster the creation of new academic institutions in China.573

Finally, the Russian Revolution of 1917 offered China another way out of its lamentable situation. The fledgling Soviet Union renounced all the unfair treaties that affected their territories; a sentiment which was seconded by the Chinese people. In July 1921, the clandestine meeting of three Chinese citizens and two representatives of the Communist International, -the latter had no right to vote- in Shanghai was in fact the first-ever Congress of the Chinese Communist Party. A growing number of Chinese intellectuals soon converted to Marxism, among them, Mao Zedong who rose to party leadership in 1935. The party's objective was to mobilize itself northward to fight the Japanese.

The Republic of China was build on the politics of the Kuomintang Party (KMT), which was the legacy of its founder, Dr. Sun Yatsen. Dr. Sun's principles were known as the Three Principles of the People: nationalism, democracy, and the well-being of the people.

Dr. Sun defined nationalism as the rebuilding of China into an internally unified state that was on equal footing with other nations in terms of external policy.

As regards his concept of democracy, we quote Dr. Sun words: “Even if the ideas of democracy have reached us through Europe and America, its application has not yet successfully taken root in China. We now recognize the way by which we can make use of democracy. We also know how to change the people's attitude towards the government. However, the majority still do not share this view. We have to be forewarned; we must guide and direct the people along the correct way to escape the confusions of western democracies and to avoid committing their mistakes.”574

Dr. Sun categorized society into three groups, according to each individual's intelligence and abilities: leaders, followers, and those in need of guidance. “It is not necessary to grant individuals too much freedom; it is the Nation that must be completely free.”575

According to Dr. Sun, it is the State that enjoys absolute freedom, and which grants individuals freedom, but with certain limits. As for the wellbeing of the people, the

573 Fairbanks, J.K. (1986), p. 187 574 Chen, J.F. (2008), p. 31 575 Chen, J.F. (2008), pp. 31-32 264

Nationalists promoted the establishment of a national wellfare system. In order to improve the quality of life of the citizens, Dr. Sun proposed equality in terms of land ownership and equality on capital control.

In November 1928, Hu Han Min, the first president of the Parliament of the Republic explained how Dr. Sun's ideas on legislation were to be applied: “We understand the three Principles of the People as a revolutionary, progressive and creative legislation which aims to protect national interests instead of the interests of the family or the clan. Individuals are protected, not for the sake of individual safety but for the safety of society. In the face of western legislation that defends the individual, the Kuomintang considers society as the basic unit. Those who think that the new legislation is a mere copy of western laws are truly mistaken.”576

However, Dr. John C. H. Wu, a prominent lawyer of that period had this to say about the civil code that was promulgated during the Republic: “If one closely studies the civil code of China from Article 1 to Article 1225, and compare it with the German civil code, the Swiss civil code and the Swiss code's stipulated obligations, one can verify that 95% of the provisions of our civil code was drawn from there. All those provisions were either direct copies of these codes or paraphrased, with a few changes in terminology. The work of the legislator was basically to select the texts.”577

One of the Kuomintang's programs for political and social reconstruction was to reform the family system and the laws on inheritance. The government introduced a new view of the family: the reform considered national unity as the organic composition of all the families and clans. Previously, national unity was guaranteed by the figure of the emperor, who possessed practical absolute power. The new concept that was proposed by the Kuomintang had the state assuming the role of the head in deciding, and the arm in demanding and implementing.

In 1924, the Congress of the Kuomintang Party passed resolutions on the equality of the sexes. For the first time in the history of China, the equality of men and women before the law was formally recognized. The 1929-1930 civil code of the KMT even specified that this included economic equality and other matters related to individual rights. This civil code was not just an empty play of words; it contained provisions on the freedom of marriage, conjugal property, and the equality of husband and wife to share an inheritance.

The political platform of the KMT which was adopted in October 1926 included national unification (art. 1); freedom of assembly and freedom of expression (art. 3) ; the right to

576 Chen, J.F. (2008), pp. 32-33 577 Chen, J.F. (2008), p. 34 265 self-determination for minority groups (art. 4); the abolition of unfair treaties with foreign countries and the withdrawal of all the special privileges that were granted to foreign businesses in China (art. 6 and art. 51); obligatory primary education (art. 25); and the equality of women and men in legal, political, economic, and social matters (art. 44).

The traditional family system was formally destroyed—at least in written form--with the promulgation of the Republic's civil code. Laws that admitted inequality were abolished. This civil code prevailed from 1927 to 1949. Although the new code was a far cry from the traditional norms of the family system, with its biases and corporal punishments, it did not necessarily signify the abolition of the previous concept of the law as utilitarian and an instrument of an authoritarian state.578

The equality proclaimed by the new republic seemed to be more in theory than in practice. On one hand, thousands of years of upholding the five social relationships (which fostered inequality), raised a barrier, so to speak, to new ideas. The equality between man and woman, for instance, was not easily accepted. On the other hand, the government had to deal with the Japanese occupation as well as step into a revolution that eventually vanquished it.

The attempts of the Nationalists to modernize the country and its laws were hindered by the Japanese's advances. Since 1931, Japan occupied the Northeastern provinces (Manchuria). In 1937, Japanese troops launched a grand-scale invasion: they occupied Beijing in July, Shanghai in November, and Nanjing in December. To counter this menace, Chiang Kai Shek's nationalist government and Mao Zedong's Communist army entered into a pact to fight a common enemy: Japan.

Japanese presence in China went on until the end of the Second World War. Even if the Yalta agreements of February 1945 decided that the Japanese troops in China should surrender only to the KMT army, the fact was the Communists also occupied parts of the territory that used to be controlled by the Japanese. 579 The Republican government's continued struggle against the Communists was one of the more significant civil wars of the 20th century.

The Constitution of the Republic of China was finally promulgated by the Nationalist government on January 1, 1947, and enforced on December 25, 1947. The juridical innovations were markedly influenced by Mencius. To these were added the following: that all citizens of the Republic of China, regardless of sex, religion, race, social class or

578 Chen, J.F. (2008), pp. 35-38 579 Roberts, J.A.G. (2006), p. 247 266 political affiliation, are equal before the law (Art. 7); that individual freedom is guaranteed (Art. 8); that individual persons enjoy freedom of residence, freedom of speech, freedom of publication, freedom to teach (Arts. 10-11), the right to privacy of correspondence (Art. 12), religious freedom (Art. 13), and freedom of association (Art. 14).

It reaffirmed the desire to maintain China's open-door policy. In practice, however, it is enough to point out that less than two years later, a new government emerged and abolished the constitution and all the laws that were formulated during the Republican Period (1912-1949). Mao Zedong proclaimed the People's Republic of China on October 1, 1949, and the Nationalist government was forced to flee to Taiwan. A new period opened. It was to last for 30 years until China once again reverted to opening its doors to the west.

3. Juridical Persons

During the final years of the Qing Dynasty and the early years of the Republic, many Chinese intellectuals reflected on the problems, reforms and the path their country should take to recover its sovereignty and dignity as a nation. Over a thousand novels about the reformist movement were published from 1900 to 1910. These were inspired by national concerns and severely criticized the political and social systems.580

These intellectuals sought to put China on equal footing with the rest of the nations. Among their many aspirations were: to obtain equality for all, have the people participate in the tasks of government, modernize economic structures, and abolish corporal punishment. The institution of the family bore the brunt of the criticism because the socio-economic system then was still based on the classical notion of the family.

As we have previously seen, Kang Youwei, the leader of the reform movement, wrote in his work, Confucius as a Reformer (1885), that when Confucius confronted the course of society's backward movement (as taken up in the Mencius), he undertook the reform measures that were proper of his time: he reaffirmed the Way and reestablished the institutions of the sage-kings of old. Similarly, Kang proposed a series of institutions that aimed to reestablish the social order. With the desire to save the empire in the 20th century, Kang proposed the demolition of the Confucian edifice.

In the second of his great works, entitled The Great Community (1900), Kang Youwei proposes not only to reform the empire but to establish a world of nations that were united and free of limitations and suffering. To the question about the origin of life's

580 Gernet, J. (2008), p. 569 267 miseries, he replies that it lies in man's zeal to raise up borders. All suffering comes from any of the Nine Frontiers created by man. These are:

1. National frontiers, that is, the separation brought about by territorial divisions.

2. Frontiers of social class

3. Racial frontiers

4. Gender frontiers

5. Family frontiers, that is, the distinction between father and son, husband and wife, etc.

6. Frontiers imposed by ownership of private property.

7. Frontiers of disorder: unjust and unfair laws.

8. Frontiers among species, that is, between men and animals.

9. The very frontiers that suffering creates. Suffering generates new sufferings.

To achieve peace and absolute equality, Kang proposed the abolition of The Nine Frontiers. In The Great Community, there will be no states and therefore no harsh military laws. There will be no rulers and therefore no rebellions or protests. There will be no husbands or wives and therefore no marital strife or quarrels about satisfying sexual needs or laws against immorality or divorce. There will be no family relationships and therefore no obligations to support the other family members or disputes over inheritance. There will be no nobility, and therefore no intimidation, oppression, adulation or intrigues. There will be no private property, and therefore no disputes over property or houses or litigations over businesses or produce. There will be no burials, and therefore no arguments about the rights to the cemeteries. There will be no frontiers or ports, and therefore no crimes of evasion or smuggling. There will be no distinction of classes, and therefore no maltreatment or oppressive laws.581

Many years later, Chen Duxiu, the editor of the most influential newspaper of the May 4 movement (1919) and co-founder of the Chinese Communist Party (1921), offered this personal testimony: “In our youth, we were concerned about studying and discussing the wisdom of the ancients. We often despised students who studied European languages and spoke of new knowledge because they were considered unworthy of our tradition and

581 de Bary, T. (2000), pp. 271-273 268 slaves of the west. Only after reading Kang Youwei and his disciples that we began to realize that foreign political principles, religion and knowledge could contribute so much and open our eyes to the point of making us renounce the past to build the present. If our generation knows anything at all, we owe it specially to Lord Kang Youwei.”582

This was how Chen Duxiu viewed the incompatibility of Confucius and modern living. “The pulse of modernity is economic and the fundamental principle of economic production is the independence of the individual. This independence affects ethics. In China, the Confucians based their teachings on ethical norms: the wife and children did not possess individuality or personal property, while the fathers and the older brothers took care of their children and younger brethren, who would later be the support of their elders...”

In 1916, Chen wrote that modern states had political parties and that people involved in partisan activities manifest their convictions based on independent criteria. They practice and preach their beliefs and need not agree with their parents or husbands. On the other hand, when people are bound by the doctrine of filial piety and other Confucian relationships, how will they form their own political convictions and decide on what suits them?

In the West, the women make a living as lawyers, doctors or sales ladies but, according to Confucius, the husband does not meddle in household affairs, and the wife does not intervene in concerns outside the home. Moreover, the married woman must obey her husband and the husband must support his wife, who is economically bound to him.

Chen goes on to list more defects of the Confucian system, such as: a daughter-in-law's absolute obedience and respect for her in-laws; a son's obligation to divorce his wife if his parents do not approve of her or of her behavior or spirit of service; the restrictions imposed on how men and women deal with each other during public events; and the separation of boys from girls, who deal with each other only through a matchmaker.

Chen concludes that the more important elements of Confucius' teachings in social life are those related to decorum, and his most important teachings on governance are those regarding punishment. “In Chapter 1 of The Classic of Rites it is stated that the rules on decorum do not reach down to the common folk while the penal statutes do not go all the way up to the highest dignitaries (1.3) Is this not sufficient proof that the spirit of Confucius' Way is feudal?”583

582 Cheng, A. (2006), pp. 552-553 583 de Bary, T. and Lufrano, R. (2000), pp. 353-356 269

What Chen Duxiu affirmed was solidly based on the social realities of his time: each and all of the traditional social relationships had to undergo a process of change and reform, but it must be noted that the discrimination and abuses of the political system in no way affect the essence of the family as an institution.

The intellectuals as well as the people insistently demanded reforms that would put China at par with the other industrial societies. Foreign firms that began to open shop in the empire were better organized and stronger than the traditional family businesses and it was impossible to compete with them. The foreigners sent to China people who were young, disciplined and experienced in matters of business, religion, education or military defense. The Qing Dynasty attempted a series of reforms in its final years but, judging from the results, these were not enough.

The private, not family-run, business, was key to the process of relating the oriental world with the western. Europe in the 12th to the 13th century saw a growth in the number of financial, business, and industrial establishments that were organized around a unique figure: the juridical person.

Like a physical person, the legal or juridical person has rights and obligations. A group of physical persons who form a social unit in view of a common goal, acquires a juridical personality that is considered by the law as a real person with rights and obligations. The first juridical persons were the municipalities, followed by universities, corporations, trade unions, and business, industrial and financial institutions.

According to William Blackstone, the great English jurist of the 18th century, the honor of establishing companies lies in being able to define a rational organization that, by law, distinguishes with reasonable accountability the industrial patrimony from the personal patrimony. The modern business is entirely Roman in character. The Romans certainly created some of the basic concepts of the right to engage in business--particularly that of an association of persons who can have a collective identity distinct from the personal identities of the people who comprise it. The business partners left most of the decision making to the “magister” who was in charge of the administration, development, and financial accounting of the business' income and expenditures. These firms possess some limited responsibility.584

Many other European establishments are juridical persons, but that which made an impact on China was the business enterprise. Since 1500, the economy of Central Europe was characterized mainly by the development of incepient capitalist structures that manufactured prime material or were engaged in industrial work or international

584 Micklethwait, J. and Wooldridge, A. (2005), p. 14 270 commerce. London, Antwerp, Cologne, Frankfurt, Nuremberg, Hapsburg, and Northern Italy were the centers of business in Central Europe. Another important commercial line, Hansa, operated from Lisbon to the Baltics and the Scandinavian countries via London, Brussels, Antwerp, and Hamburg.

Even the Law of Commerce (1525) that German humanist Conrad Peuttinger elaborated, based on the principle that a decent business must be free of restrictions, did not allow the unbridled expansion of the big commercial enterprises. A second Law of Commerce, which was also promulgated in 1525, abolished the monopoly on metals, the most crucial sector of the economy. This law is one of the more important documents in the history of the market economy. Through it, the norms on fair pricing were set aside and state monopolies were justified to the detriment of public interest. The government's monetary straits drove this economic policy: the government, businessmen and bankers forged an alliance for economic reasons.585

The business (the juridical person) concentrates all its efforts on a single activity, which is the reason for its existence. It only risks the capital of its partners, who are not totally responsible for its measures, and is strengthened by the unity of persons of varied skills and knowledge to develop and expand its activities. Another reason behind the strength of this juridical person is that it does not die.

China's traditional culture, on the other hand, made no distinction between physical and legal persons, even if individuals and organizations, like the family or the clan, had statutes that considered them as separate entities. 586 Contracts (where a verbal agreement was as valid as a written one) were not between juridical persons and were treated as such. Each partner continued to be a responsible individual. The state related with and imposed on “the family group” and not the individual. In this context, family relationships dominated the economic activity.

Profit-centered work groups that were somehow similar to the juridical person were established through private contracts, even if these “persons,” among other things, were not incorporated or “born” into civil existence through public inscription. In this type of business contract, the partners remained individual persons and the business had no “person” of its own. Take, for instance the following contract that was formalized between two men during the Ming Dynasty:

“That the association creates wealth through personal effort, we (the partners) agree to contribute our capital with the purpose of generating profit. In the presence of a witness,

585 del Vigo Gutiérrez, A. (2006), pp. 138-139, 147 586 Chen J.F. (2008), p. 343 271 each one will contribute the following amounts ... , as voluntarily agreed upon by both parties, to do business that will benefit society. Every year, the gains will be calculated as a whole. Some of the funds will be divided for the expenses of the family of each party, but the capital will be maintained such that the source of the business will not be extinguished. Both parties are prepared to account for personal expenses but without using the funds of this association. To this end, both partners commit themselves, united by blood, to this pact. We agree that it is reasonable to share in the successes and failures, and that the generated profit will in no way be used for one's personal benefit without the other knowing it. The party that violates this agreement will be despised by the gods and men. As proof to this agreement, two copies of this contract will be made and kept for future reference.”587

There are no historical records of the existence of a civil or commercial code from the time western laws were introduced to China until the end of the Qing Dynasty. Traditional laws protected the rights of the state and the social hierarchies, and revolved around the penal code. The first law on business in China was passed in 1904, while the first formal acknowledgement of the distinction between the physical person and the juridical person is found in the Kuomintang's Civil Code of 1929.588

Foreign business establishments in China were supported by their countries' armies, enabling them to exert great pressure on the empire. Foreign businesses were established in China in the mid-19th century, which was the best time for them to grow. The central government was located far from their venues of operation, and the nearby family-run enterprises were vulnerable to their entry.

From the perspective of the 19th and early 20th centuries, it was understood that juridical persons had no right to exploit physical persons. Their only reason for being was to serve and foster the dignity of physical persons. The extent to which they strengthened the family and state made them a unifying factor in society. One would be mistaken to think that the juridical person had replaced the physical person—that is, that the business firm would substitute the family as a social institution.

Europe experienced two revolutions: the Industrial (English) and the Liberal (French). Both gave a big push to the industrial and liberal spirit behind the businesses that had expanded the world over. However, these two phenomena were and are not the fountainheads of the business enterprise, and are much less the sources of the free spirit of enterprise that characterize a business. People had been engaging in business long before these two revolutions broke out.

587 Faure, D. (2006), p. 35 588 Chen, J.F. (2008), pp. 327 y 343 272

As for the liberal aspect of business, western tradition centuries before the French Revolution already celebrated freedom as an innate good of the individual person. Freedom therefore also applies to the juridical person. In fact, the right to associate is a manifestation of freedom. And just as free physical persons are expected to use their freedom responsibly, the same may be demanded of juridical persons. The concept of the business enterprise as a free and responsible person pre-dates the French Revolution simply because “it is proper of persons to transcend time, which is to use their intelligence to anticipate, project, and imagine the future, in order to decide what they can become and so act on it.”589

Regarding the spirit of enterprise, it is enough to say that the Dutch East Indies Company was founded in 1600, and The British East Indies Company, in 1602, before the Industrial Revolution. Both were listed in the Stock Exchange, and had great projects in mind, generated huge profit, and enjoyed the unconditional support of their governments. The former saw worldwide expansion (except in China), while the latter successfully penetrated Chinese territory, first in Macao, then in Hong Kong, from where it perpetuated its activities and influence to the rest of the empire. These two enterprises significantly participated in Asia's economy.

For hundreds of years, the eastern and western worlds were in touch through land or sea through the Silk Road. The Middle East's monopoly on the trade between east and west could be one reason why China and Europe were unaware of each other. It is difficult to pinpoint how this affected the exchange of ideas between the two, such that their cultures had no bearing on each other. Portugal's expansion through Africa and Asia however opened up a maritime route for the silk; thus the cultural dialogue between Europe and China only began in the early 16th century.

It was through the business enterprise, a juridical person that enjoyed the military support of its country, that drove China to promulgate a legal system that was so different from the one it had observed for thousands of years. The imperial codes did not provide for new and foreign juridical forms. The people's movements at the turn of the 20th century proved that the great majority favored reforms, and many were aware of the changes that were going on around them. Twenty five years after opening its doors to foreign businesses (1870), Japan prepared to challenge the great Chinese empire.

One cannot underestimate the role that juridical persons played in the political, economic, and social development of China in the 19th and 20th centuries. These profit-oriented entities began to operate during the period of reforms and modernization. Much later, just

589 Yepes Stork, R. and Aranguren, J. (2003), p. 73 273 like the rest of the world, many more new forms of juridical persons were being incorporated to the social system. The generic term “organization” seems to best define all the legal entities that have been existence up to this date.

In 1949, the laws that were promulgated by the KMT were suspended, and the concept of a legal or juridical person was ony reintroduced in 1981. This new open door policy may be defined as an invitation to juridical persons, namely foreign and local businesses, to form part of Chinese society once again.

4. The Concept of Person

The juridical person is an analogical concept. The more one knows about physical persons, the better one can understand businesses or organizations. One can also know more about the instutions of matrimony and the family. Businesses were the first ones to be invited to participate in the open-door policies that Deng Xiao Ping introduced to China. Without these policies, the country's spectacular economic and social developments in these last decades could not have possibly happened.

All persons have in common the right to own, which arises from the capacity to acquire things. Persons can acquire two types of possessions. They can own material goods or intellectual goods. These two give rise to a more permanent and stable kind of possession: habits. Habits are acquired and not innate to a person. They reinforce a person's conduct through a number of automatic behaviors that spare one from constantly reinventing himself.

To possess habits is the more perfect manner of owning because habits perfect a person; they constitute and stabilize one's mode of being. Actions have an impact on a person: actions make one a better or worse person.590 It is surprising to find similarities of this western concept of “person” in the teachings of Confucius and Mencius.

In the West, person is not limited to one's capacity to possess. The concept of person is drawn from three important sources: Greco-Latino philosophy, Roman Law, and Christianity. The West considers a person, not only from the moral point and economic points of view, that is, as a creature of habit that can own material goods; a person is also juridical, that is one who has rights. The West discovered that all persons are equal before the law.

Likewise, the West considers a person as a being that has constantly developed through the centuries. Western society recognizes that all human beings have the right to have

590 Yepes Stork, R. and Aranguren, J. (2003), pp. 74-76 274 their person, privacy, and feelings respected. Even if no two persons are exactly equal, all persons have in common at least three exclusive characteristics: freedom, equality, and dignity. One can better understand these characteristics through the experience a person has of himself. According to Yepes and Aranguren, “Every person experiences private thoughts and feelings that only he can possess and communicate to other persons through language. My thoughts are unknown to all until I express them. A person's inner life and ability to express this to others indicates that he is the owner of both and therefore the master of one's self and the principle of his actions.”591

For example, even if a person is deprived of his freedom to act, he remains free to think, to desire, and to evaluate his current condition. He remains the master of his interiority. Even when imprisoned, a person can think, desire, and plan whatever he will do and be once he is set free; and he continues to love the same people that he loved before he was imprisoned. By being a master of himself, a person can decide on his own future. This means that all persons are truly free.

Freedom is not limited to a person's capacity to choose between two options--for example, to go home by one route or another or to walk or to run home. A person can create new options. Seeking options is a way of not succumbing to one's problems. More often, one does not have to solve problems—one only has to find an alternative way out of them.592 A person cannot fly like a bird or swim like a fish, but he is the only being that can invent an airplane, a ship or a submarine in order to go to places in a manner that is not natural to him. Thus, limiting a person's freedom, apart from some exceptional cases, means limiting the progress of a person and of society.

The freedom of thought, self-expression, action, and creating alternatives is intrinsic to every person. It is not an acquired good or one that is granted by the government. Simply put, persons are free because they are persons. A person is free anywhere in the world. One can renounce his citizenship but he cannot cease being a person. “There are more alternatives in interpersonal relationships, however, one has to understand the 'other' to discover these. Interpersonal cooperation works best for men.”593

One can affirm that western “superiority” over the East during the 16th and 19th centuries principally lay in the manner by which the West developed interpersonal cooperation, which sprung from the concept of juridical persons, particularly from business enterprises.

Man also experiences the equality among persons. The concept of equality arises from

591 Yepes Stork, R. and Aranguren, J. (2003), pp. 62-63 592 Polo, L. (2007), p. 204 593 Polo, L. (2007), p. 205 275 comparison. Only men can compare themselves with each other. Beyond the visible differences, experience has shown man that Superman is only a figment of one's imagination. Mankind has paid a high price in discovering that there is no such thing as super men or women, much less a super race.

Equality is expressed as a reality in western laws which consider a person as a subject of rights: all persons are equal before the law. This equality gives rise to a government of rights. Men, women, and children are equal; no one is exempt from this for reasons of race, country, belief, culture, age or health.

While all human beings are equal, each one still possesses a unique identity. We can all distinguish the “I,” “you,” “him,” “her,” and “we.” “To express one's innermost thoughts and feelings through language requires a listener, or someone who understands the speaker. When a person speaks, he is not addressing a vacuum, but another person or persons that he can relate with. Under any other circumstance, the speaker can only be viewed as a fool.”594 This capacity or need to communicate, dialogue, and relate demands mutual respect. Respecting others signifies acknowledgement of their dignity, and the dignity of a person is inviolable. A harmonious society is one where each person respects the dignity of all the rest. Only human beings can accept this as a fundamental norm of living with others.

Considering the world and all things, it is only the person that possesses superior qualities, such as the ability to cook, analyze, imagine, memorize, invent, or distinguish between good and evil. Moreover, persons can love and express this, among many, through the ability to understand and to share, to give and to receive, to please and to forgive, to smile and to serve. All these abilities confirm the special dignity of the human person who enjoys a unique status above all living beings and the universe around him.

This means that a person, as an entity, possesses excellence. The human person is superior to other beings in the universe by reason of this. Thus, when a person that strays from his natural end, that is, if one violates the freedom, equality, dignity or property of other persons, he is said to have behaved unworthily. There is no such thing as the right to steal because it is an act that is unworthy of human dignity. One may “force” this “right” and not lose his innate dignity as a person, but he still deserves the due and proportionate punishment.595

Respecting other persons transcends existing class distinctions, such as intellectual capacity, talent, wealth, or social status. Every person has the right to be respected, not

594 Yepes Stork, R. and Aranguren, J. (2003), p. 67 595 Hervada, J. (2007), pp. 150-151 276 for the position one holds in society, but for one's position in the world. The western concept of “person” is not just moral or juridical, but ontological because it answers the question, “What is man?” All men are one when it comes to the concept of respect. Further, Kant affirms that dealing with all men, be it with one's self or others, must always be an end and not a means.596To instrumentalize persons is to exploit and deny them their dignity. “Not respecting all or some who are considered others can be a form of oppression because it would mean stripping a person of what makes him what he is.”597 It is therefore the duty of the state to prevent persons from instrumentalizing other persons.

From the point of view of a person's physical or intellectual capacity, the human fetus possesses the same capacities as any other adult man or woman. From the very beginning of their existence, persons start to perfect themselves. Fetuses have that great capacity for self-perfection because they are already persons that have the great potential to grow and develop. Laboratory data show that every person possesses one and the same DNA that is copied in each and every cell of one's body—scientific proof that bolsters the idea that a person is subject to rights from the moment of conception until after one's death.

In addition to the aforementioned abilities is the person's capacity to know and benefit from the experience of others from the past. Persons are not born with knowledge, however, they have the ability to assimilate the wisdom and experience of others who have lived before them. Given this ability, future generations may certainly make good use of the knowledge accumulated by past and present generations. The future belongs to the youth, the youngest of who are the human fetuses.

Experience tells us that all this information is drawn from reflecting on the person, and not the citizen. Human rights correspond to the person as such, and pave the way to one's being a citizen. If this is not so, then human rights would be limited to the body of rights that the state decides to grant persons. For example, the right to association is derived from a person's ability to speak and the need to dialogue and communicate. This right precedes the State. In fact, businesses are formed because they are a consequence of a person's right to associate.

In western tradition, the egalitarian model is founded on a free act that gives rise to a solid relationship founded on a new identity or personality: the matrimonial relationship. The western model of business relationships is based on the model of equality between the married spouses. This is a legacy of the Christian model of marriage and the family. The West evolved from a strongly hierarchichal system of relationships—that of Roman

596 Kant, I. (1990), p. 429 597 Yepes Stork, R. and Aranguren, J. (2003), p. 71 277 law's pater familias, which is a powerful relationship and more egalitarian than the traditional Christian model.598

The three intrinsic characteristics of the person are found in the western tradition of matrimony. Kant defined matrimony as “The union of two persons of different sexes, whose end is to mutually possess for life one and the other's sexual faculties.” No one can be forced to marry, which is another manifestation of human freedom. Husband and wife have the same right to conjugal unity, which is an expression equality. Finally, the married couple acquires the right to be respected by others in their conjugal intimacy, which shows their dignity.

In the classical western world, according to Judaeo-Christian tradition, husband and wife leave their parents to be united in matrimony and so form a bond between two free and equal persons. In the East, the debt of gratitude to one's parents prevails even in matrimony, and this has led to social inequalities.

However, upon embracing the western model of “person,” China shared in the same dilemma that the West had to face from the 17th century onwards. The West is divided. Boethius (480-524) defined the concept of “person” this way: “an individual substance of rational nature.” Centuries later, Rene Descartes (1596-1650) shortened it: “I think (rational nature), therefore I am (individual substance).” Two different worlds emerged from accepting one or the other definition.

For Boethius, the person is a social being. Individuals share in a common nature, as well as in equality, freedom, and dignity. Within every family, the person shares the same roof, the same meals, the same name, the same ancestors, and the same joys and celebrations. A person will accept the concepts of family, solidarity and sociability only when he considers himself as a being that shares with others a common nature, rationality and affectivity.

Boethius' classic concept of the person does not downplay the roles of the different family members, as each one contributes to strengthening the whole family by developing his or her individual strengths and capabilities. Love is seen in effort to help one's beloved to grow, and persons develop best within the nurturing environment of the family. A son does not stop being such when he recognizes and develops his own personality. Personal development does not exempt him from fulfilling the duties that arise from filial piety. A woman does not cease being a wife and mother when she is aware of and exercises her personal rights.

598 D’Agostino, F. (2006), p.43 278

In Descartes' definition, the person as an individual does not share in anything. One can decide to be the sole object of his thoughts, such that he can exist without having to think or be concerned about the others. One has no reason to accept that he is equal to other persons—it all depends on what the others want to think. This subtle distinction separates the world of classic realism from that of modern idealism.

When a person considers one's self as the fruit of his own thinking, then he can gradually claim absolute freedom. It is a freedom that does not aim for an ethical end or goal-- which is that of virtue and excellence--but one that is absolutely indefinite. This type of freedom rejects definitive commitment: what I think today may change tomorrow. One cannot base brotherly or conjugal love on Descartes' definition because these two realities pose a roadblock to absolute freedom. The great challenge for China now is to hurdle this individualist concept of man.

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Chapter X The People's Republic of China

1. The Early Years: 1949-1978

The 20th century saw two ground-breaking events in China's political system: the fall of the dynasties in 1911 and the inauguration of the People's Republic of China in 1949. During both periods, the new governments continued to recognize the importance of the family as an institution.

The first period maintained the classical principles. For example, in 1925, Che Heqin (1892-1982), wrote in his work, Family Education: “from birth, children must be under the protection and care of their parents because the warmth of the family and the love of the parents are of particular importance to the child's emotional development. It is the parents' task to form the cornerstone of a child's personality. The family has considerable influence on children's habits and mental formation. Parents are the primary educators of their children and so should carry out this task in the best way possible.”599

On October 1, 1949, Mao Zedong (1893-1976), leader of the Communist Party, proclaimed the People's Republic of China (PRC). From then on, the Communist Party was the government's party. Mao's ideas drove and directed China for close to 30 years. His two most important works are: On Practice(1937) and On New Democracy (1940).

In the first work, Mao puts forth his concept of man as well as his political action program. His thesis is simple: discover the truth in action (praxis) and, from action, the truth is verified and built. Rational knowledge is actively developed from sense knowledge; and from rational knowledge, revolutionary action, such that the objective and subjective world may be reformed. Action, knowledge; more action, more knowledge. This is a repetitive and infinite cycle where the content of action and knowledge in every cycle reaches a new level and greater height. This is the theory of knowledge in dialectic materialism: the dialectic between knowledge and action.

599 Guo, Q.J. (2006), p. 569 280

Considered as a theory of knowledge, Mao's thesis may be compared with the extrapolation that Zhu Xi made thousands of years before The Great Learning: “The meaning of the expression 'the perfection of knowledge depends on the investigation of things' is this: If we wish to extend increase our knowledge to the utmost, we must investigate reach the principles of all things we come into contact with, for the intelligencet mind of man is certainly formed to has as its natural objective that of knowing, and there is not a single thing in which its principles do not inhere. Man’s knowledge is incomplete because It is only because all he fails to grasp the principles are not investigated that man's knowledge is incompleteof all things. For this reason, the first step in the education of the adults regarding all things in the world is to instruct them learner, in regard to all things in the world, to proceed from what knowledge he has they have of their principles, and investigate further until he they reaches the limit. After exerting himself in this way for a long time, he An adult will one day achieve a wide and far-reaching penetration after exerting himself in this way for a long time. Then the qualities of all things, whether internal or external, the refined or the coarse, will all be apprehended, and the mind, in its total substance and great functioning, will be perfectly intelligent. This is called the investigation of things. This is called the perfection of knowledge.”600

The similarity between the philosophies of Zhu Xi and Mao Zedong can be why, in recent years, there arose lies in the renewed interest among the government and intellectual sectors a renewed interest to study Neo-Confucianism. The two were both materialist thinkers and agreed that man's self-perfection should lie in the search for the principles of all things. For the former, the search leads to virtue; for the latter, action.

In the wake of the Communist Party's victory, the new government immediately set out to transform society. Among its first measures were the Marriage Law of May 1, 1950 and the Agrarian Reform Law which was promulgated two days later.601 This desire for a more just society targeted two crucial relationships: matrimony and land ownership. The Marriage Law attempted to remedy the inequality of spouses, while the Agrarian Reform Law aimed to level the playing ground for owning the most important capital of the economy at that time.

According to the first article in the Marriage Law, matrimony in the feudal system was abolished, since it was based on rash and arbitrary contracts and the superiority of man over woman, as well as ignored the interests of the children. This new law established a democratic system based on the free choice of the spouses, monogamy, equal rights for

600 The Great Learning (1963), pp. 85-94 601 Buxbaum, D. (1978), p. 448 281 both sexes, and the protection of the just interests of women and their children.602

While the first article aimed to perfect the multi-secular system of marriage in China, the chapter on the rights and duties of spouses upheld the right to procreate without restrictions and without state intervention. Article 8 stipulated that husband and wife should love, respect, and help one another, live in harmony, engage in productive work, take care of their children, strive for the family's well being, and contribute to the building of a new society. Article 13 likewise expressed the parents' duty to nurture and educate their children.603

Despite the intense and devastating revolution, the new government in its early years did not only preserve traditional family values, but also put an end to laws that discriminated against women. “Chinese cultural tradition and the fine virtues of the Chinese nation, confronted by the challenges of modernity, have ancient roots—the family. In a way, the nation is returning to the home of its father. This is why the correct sense of life, the spiritual vision of man, moral integrity, the principles of social behavior, and the idea and meaning of human dignity, which are all embedded in Chinese civilization, were never considered outmoded.”604

The Cultural Revolution broke out during the final decade of Mao Zedong's rule. It began with internal strife within the Party, the immediate consequences of which were tragic for the whole nation. It was apparently the final blast that put an end to the class struggle. Eventually, the dialectical struggle was no longer between persons; it evolved into a clash between economic development and population growth. The government decided to apply economic measures to foster development and passed laws to control population growth.

2. The New Laws and the Constitution

In 1978, the People's Republic of China took an unprecedented step to open its doors to the outside world. This time, these doors were to be opened from within, creating new categories of social relationships: between persons and businesses, and between Chinese and foreigners. In short, the country's welcoming of “non-family” style institutions has been continuous, progressive, peaceful, and effective.

Under the leadership of Deng Xiao Ping (1902-1997) in the last two decades of the 20th century, China promulgated a massive set of laws and regulations that made room for new forms of juridical persons. The “legal person” that enjoyed a brief life in the

602 Buxbaum, D. (1978), p. 478 603 Buxbaum, D. (1978), p. 479 604 Buxbaum, D. (1978), p. 568 282

Kuomintang government, was revived in the business contracts law of the People's Republic of China (1981). This law only made mention of and did not define the juridical person, even if the concept figured in other laws, such as the intellectual property law (1982), the patents law (1984), and the contracts with foreign businesses law (1986).

In Deng Xiao Ping's open-door policy, juridical persons are like hinges that support the doors. The first two articles in the General Principles of Civil Law (April 12, 1986) confirm their importance in the public life of China:

Article 1. This Law is formulated in conformity with the Constitution and with the present situation of our country, with the end of protecting the civil and legal rights as well as the interests of the citizens and of legal persons...Both local and foreign enterprises are considered legal persons.

Article 2. The civil law of the People's Republic of China will determine the relationships regarding ownership of property and the personal relationships among civil subjects of equal status, that is, the relationships among citizens, among legal persons, and among citizens and legal persons.

In the 1990s, the members of the National Congress decided to extensively adapt foreign laws to the Nation's juridical framework. Among these were: the Maritime Code (1992), the Law on Companies (1993), the Foreign Commerce Law (1994), the Law on Arbitration (1994), the Law on Audit (1994), the Titles and Securities Law (1995), the Commercial Banks Law (1995), and the Law on Security Companies (1995). The Law on Companies was a significant legislative effort to implement the principle of economic equality before the law.605

The fact that many enterprises—a type of legal person—were incorporated in the social fabric that used to be solely made up of state and family businesses did not mean that businesses were to replace the state or the family. They simply formed a new kind of institution that brought together the two institutions that defined the nation. The teachings of the ancients still prevailed, with or without the existence of business enterprises: “Virtue is the root, while wealth is the branch.”606

If the traditional model of the family indeed had to be reformed, it is no less certain that the western model likewise neededs some improvement. While the former subjected the wife and children to the authority of the father, the latter offers a utilitarian concept of the family which breeds individualism and indifference to the social question.

605 Chen, J.F. (2008), pp. 71-72 y 462 606 The Great Learning (1973), pp. 92-93 283

While the West argues over this indifference to family issues, China preserves its classic wisdom: the state safeguards family values because it knows that the family is the country's main defense. Confucian wisdom lives despite the presence of new institutions. As the Master said, to make mistakes and not strive to correct them is a great mistake, indeed.607

Some articles of the Marriage Law of 1981 are proof to the government's concern to continue giving legal support to family values:

Article 4. Husband and wife must respect and be faithful to each other. Within the family, every member must respect one's elders and care for the younger ones, each one helping the other maintain a harmonious and civilized family and matrimonial relationship.

Commentary. From the start, it is clear that this is a law on the family. It touches on the husband-wife relationship in a principal, though not exclusive, way. The text suggests the legislator's conviction that children constitute a reality that's inseparable from matrimony.

Article 13. Husband and wife have the same status within the family.

Commentary. The term “status” suggests that the legislator had the mind to promulgate the equal “dignity” of man and woman in the family. This refers, not only to material, but also to spiritual goods.

Article 15. Husband and wife are free to work, study, and participate in social activities. Neither one should restrict or interfere in the activities of the other.

Commentary. Since the late 20th century, women have enjoyed equal footing status with men in terms of involvement with in the new intermediary institutions, such as business enterprises, through which they channel their efforts, interests, and abilities. In fact, women have climbed professional and academic ladders to occupy positions of the same level as men.

Article 20. Husband and wife have the duty to mutually support each other. If one party does not fulfill this duty, the injured party has the right to demand economic compensation from the other.

Article 21. Parents have the duty to nurture and educate their children; children have the duty to attend to and support their parents.

Article 23. Parents have the right and duty to discipline and protect their children who are

607 Confucius (1989), Book 15, No. 29 284 minors.

Article 28. If the parents die or find themselves unable to look after their children, then the children who are minors shall be entrusted to their grandparents who are capable of raising and caring for them.

Article 29. If the parents die or find themselves unable to look after their children, then the older brothers or sisters who are able to do so shall take over their parents' duties. In turn, younger siblings are bound to support those who have raised them once these are no longer able to work and have no other source of income.608

Commentary. The West has a perfect model of the family known as the Holy Family but this model has been largely rejected for the past two or three centuries of western history. On the other hand, it is common knowledge in China that the family is sacred. There are no limits to love within the institutions of matrimony and the family. There, family members share the same roof, ancestry and bloodline, name, affection, problems, and suffering. The family is the fountainhead of harmony.

China is in a period of transition as seen in its young Constitution. The Constitution of the People's Republic of China was promulgated in 1982 and amended in 1988, 1993, 1999, and 2004.

The 1982 Constitution as well as the its succeeding amendments to it haves avoided refering to the person's inalienable rights. Chapter 2 however refers to the fundamental rights and duties of citizens.

Article 33. All persons who are nationals of the the People's Republic of China are citizens of the Republic. All citizens of the People's Republic of China are equal before the law. By this Constitution, all citizens enjoy the same rights and are obliged to fulfill the duties specified in the Constitution and the law.

Commentary: The law stipulates that all citizens are equal before the law. However, the reality is citizens discriminate among themselves in many ways: social position, political clout, educational attainment, fiscal contributions, the quality of the houses they live in, or the cars they drive. These are valid and licit distinctions but they are--and continue to be--obstacles to enforcing the law. Equality is inherent to human beings and is best expressed through the concept of “person.” It is but proper to say that all persons are equal before the law because all human beings are radically equal. From the point of view of being human, no one can claim to be “more human” than others, and this idea is

608 Marriage Law of the People’s Republic of China (2002), Art. 29 285 best expressed in the term “person.”

Article 37. The personal freedom of the citizens of the People's Republic of China is inviolable.

Article 38. The personal dignity of the citizens of the People's Republic of China is inviolable.609

Commentary: Despite the slight difference in terminology, it seems appropriate to amend the two articles and affirm that a person's inherent freedom and inherent dignity are inviolable for the same reason. Citizens may enjoy greater or lesser freedom of movement or time, or have greater dignity because of their professional accomplishments, merits or contribution to society. The proposed formula avoids situations similar to the granting of privileges to certain groups, the way the Eight Deliberations did. More importantly, equality, freedom, and dignity belong and are inherent to the person; they are not granted or bestowed on account of one's citizenship.

The Law on Companies that Congress adopted on December 29, 1933 is an eye-opener. It makes frequent mention of shareholders, directors, managers, auditors, employees and workers. The law only uses the term “person” when refering to possible violations. For instance, Article 57 states: “No person under the following circumstances may be assigned to the position of director, supervisor, or manager of the company:

1. Persons who have little or no capacity to behave in a civil manner. 2. Persons convicted of corruption, bribery, or social or economic sabotage. 3. Persons who have incurred huge debts and are delayed in paying them.

The same law ceases to refer to persons until Chapter X, which is dedicated to the civil and legal responsibilities of companies. Here, “person” appears in nine articles. Article 212, for example, states: “persons that are directly responsible for submitting falsified financial reports or accounts or who conceal important information from the shareholders or the public...610

Another more recent document again shows that even if one's intent was to protect the rights of the person, “person” here is considered in the context of the offense committed. The section on the rights of a person, the first point of the National Plan of Action for Human Rights (2009-2010) begins with this statement: “China will improve the preventive measures that aim to protect the personal rights of the citizens in every phase

609 http://www.politica-china.org/imxd/noticias/doc/1232451324Constitucion_china_ES.pdf 610 Company Law of the People’s Republic of China (2001), Art. 212 286 of carrying out the law and judicial procedures ... In accordance with the law, China will punish government officials who use their position and power to abuse the personal rights of citizens. Officers of court will be duly punished if they do not respect the personal rights of citizens, for example, by acquiring evidence through illegal or violent means.611

Despite the limitations of the texts that we have just cited, one may conclude that the concept of “person” is becoming an integral part of Chinese legislation; and that China's current understanding of it is similar to the viewpoint of classical western law, but with significant conceptual differences.

For example, the texts suggest that the law reserved the term “person” to refer to “a citizen in trouble.” In any transition, there is a reference point from which due changes happen, while what is deemed beneficial and appropriate remains unchanged. The open- door policy has advanced in several spheres, especially in economic matters. Amendments in the Constitution show how China has widely accepted the economic organizational model of the West. Nevertheless, the rights of the person and of the family still have to be addressed and amended. The current Constitution only makes two brief references to the family, both touching on family planning.

3. The Historical Development of the Policy and Law on Family Planning

Parallel to the decision to open its doors to juridical persons while maintaining the government's active involvement in the education of the youth in moral principles and family virtues, the idea that the Chinese population was becoming too numerous began to take root in government and intellectual sectors; and it was the government's task to address this concern.

It is strange that along with its opening up to the world, China implemented a policy on families that is completely opposed to its tradition. For the first time in its long history, the state appropriated for itself the Chinese family's right to decide on the number of children that it should have. To this day, people in China are free only to decide on which contraceptive method to use, to comply with the prevailing law.

While China began to welcome the much needed intermediary institutions, it closed its doors to the family, the only institution that has long given it stability and the true source of its culture and civilization.

The development of a policy to contain population growth at all costs began in the 1950s.

611 China Society for Human Rights Studies (May 2009), Vol. 8, No. 3, p. 12 287

In a meeting of the State Council in February 1957 and during the Fourth Session of the First National People's Congress, Mi Yinchu, economist and president of the Beijing University, called for major steps to control population growth.

Even if his theories were criticized, the Central Committee of the Chinese Communist Party and the State Council decided in December 1962 that: “It is an established policy for the building of our socialist state to promote family planning in the densely populated cities and rural centers so that the natural birth index may be controlled and therefore allow the shift from a situation where families are not planned to one where these are planned.”612

Prime Minister Zhou Enlai reiterated that it would be too late if China continued to ignore this concern.613In 1971, at the instance of Mao Zedong, the central authorities formally approved the “Report on doing a job on Family Planning.” On the same year, the Public Health departments opened numerous family planning clinics.

In December 1973, in a the national conference on family planning, it was proposed for the very first time that “couples marry much later, that births should be amply spaced (for not less than four years between the first and second birth), and that the number of children be limited to no more than two for every couple.” At the same time, the central authorities required the local governments to set up organizations that would implement family planning programs. That same year, a family planning program was integrated to the national economic plan.614

On July 8, 1978, the directors of the Family Planning Office of the State Council published in the People's Daily (Renmin Ribao) an article that highlighted the urgent need for population control. “We maintain that even if human beings are primarily producers, they are also consumers. If we do not implement family planning and allow unbridled population growth, this rapid increase will surely throw a heavy burden the state and the people, hurt the national economy, adversely affect the building of the state as well as the people's lives and wellbeing, and hinder the progress of the four modernizations.”615

In December 1978, the demographers tasked with drafting the policy on population control published in the magazine Population Theory (Renkou Lilun) an article where they argued that population control “will have a beneficial impact as it will speed up the increase of technical equipment for workers, quicken the pace of the four modernizations, and increase labor productivity.”

612 Tian, X.Y. and Zhou, L.P. (2004), pp. 102-104 613 Wu, C.P and Mu, G.Z.(2004), p. 35 614 Tian, X.Y. and Zhou, L.P. (2004), p. 105 615 Fong, V.L. (2004), p. 72. 288

The same article continues, “We are not concerned about not having enough food. We do not want to control births because our resources can no longer sustain a growing population, but because we want to set in motion all the people's functions, advance the development of socialism, and speed up the betterment of the people's material wellbeing and cultural life. In a word, we are not concerned about the scarcity of food but desire to give everyone the opportunity to have a better, more beautiful, and more meaningful life.”616

From March to May 1980, the central authorities held various meetings to study and discuss current demographic concerns and the future increase in population, as well as viable policy options, particularly that of promoting a one-child policy per married couple. In September of that year, the Central Committee of the Communist Party published an open letter “To the Members of the Communist Party and the League of Communist Youth regarding the control of our country's growing population.” They were exhorted to jump into action, roll up their sleeves, and respond through concrete acts, persuading and educating the masses in the name of modernization, the future of the Chinese nation, and the wellbeing and happiness of the succeeding generations.617

On January 1, 1981, the obligation to plan one's family was added to the Marriage Law. Article 1 indicates that this law is the fundamental code that governs matrimony and family relationships. Article 2 reiterates the definition of matrimony in the law of 1950: “Matrimony is based on the free choice of spouse, monogamy, and equality between husband and wife. The interests and legitimate rights of women, children, and the elderly are upheld by this law.” Article 2 ends with this declaration: “It is the legal obligation of married couples to practice family planning.” To erase any more doubts, or to avoid burdening one or the other spouse with the non-fulfillment of this law, Article 2 adds, “It is the duty of both husband and wife to practice family planning.”618

That same year, the report on the government's efforts which were approved by the Fourth Session of the Fifth Congress of the National People's Assembly proposed the Population Policy of China in these words: “To limit the number of people and to raise their quality is the demographic policy of our country.” It was the first time that the Chinese government openly announced its nationwide population policy. It advocated late marriage, delayed procreation, and only one child per couple.

Government officials and employees as well as urbanites are permitted to have only one child, with the exception of some special and previously approved cases. In the rural areas, if a couple have a daughter, they are allowed to have a second child after a few

616 Fong, V.L. (2004), p. 72. 617 Tian X.Y. and Zhou L.P. (2004), pp. 110 and 117 618 Marriage Law of the People’s Republic of China (2002), pp. 3, 5 and 11 289 years; however, they should file the proper request and await its approval. No couple should have a third child. Family planning is likewise imposed on the ethnic minorities but its application is decided upon by the autonomous ethnic regions or the provinces.619Only in Xinjiang and Tibet, two big and scarcely populated ethnic minority provinces, are couples allowed to have up to three children.620

On December 4, 1982, family planning was formally made part of the Constitution. The Preamble declares that people of all ethnic groups must uphold the Constitution as the fundamental model of behavior and that everyone has the duty to defend its dignity and ensure its implementation. The articles that are directly related to family planning are:

Article 25: “The State promotes family planning so that population growth may be in accordance with the plan for socio-economic development.”

Article 49: “The State protects married couples, the family, and the mother and her child. Both the husband and wife have the duty to practice family planning. Parents have the duty to raise and educate their children of minor age, and the older children are duty- bound to help and support their parents. It is prohibited to maltreat the elderly, women, and children.621

Article 89: The State Council is to exercise the following functions and powers: 1. To adopt administrative measures and dictate the orders that they deem necessar, in accordance with the Constitution... 3. To formulate and guide the tasks and responsibilities of the ministries and the commissions of the State Council…5. To define and implement the national socio-economic development plan…7. To direct and administer matters that are related to education, .... public health, and family planning.

Besides the declaration of principles in the Constitution, there was no existing family planning law even if it has been widely implemented for 20 years by the authorized agencies that often imposed the strictest possible criteria. The Population and Family Planning Law was only passed on September 1, 2002. 622 Here are some of the more relevant features of this law:

Chapter I: General Provisions

Article 1: This Law is enacted, in accordance with the Constitiution, for the purpose of bringing about a coordinated development between population on the one side and the

619 Tian, X.Y and Zhou, L.P. (2004), pp. 110-111 620 Xie, Z.M. (2000) p. 55 621 Constitution of the People’s Republic of China (2004), pp. 16-17 and 24-25 622 Population and Family Planning Law of the People's Republic of China (2003), pp. 5-29 290 economy, society, resources and environment on the other, promoting family planning, protecting the legitimate rights and interests of citizens, enhancing happiness of families, and contributing to prosperity of the nation and progress of the society.

Commentary: 1. It seems contradictory to declare that this law was passed to protect the legitimate interests and rights of the citizens when, in fact, it denies them the right to personally decide the extent to which they wish to practice birth control; 2. It also seems contradictory to say that this law aims to make the citizens happier when it denies the very purpose of this most intimate act between spouses; 3. It can only lead to short-term benefits. The first negative effects of this law are only beginning to show. The longer the State delays in restoring the right to procreate to its legitimate owners, the greater the harm that such a delay will produce.

Article 2: China being a populous country, family planning is a fundamental State policy. The State adopts a comprehensive measure to control the size and raise the general quality of the population...

Article 5: The State Council shall exercise leadership over the population and family planning programs throughout the country. Local people's governments at all levels shall exercise leadership over the population and family planning programs within their own administrative regions.

Chapter II: Formulation and Implementation of Population Development Plans

Article 9: The State Council shall make plans for population development and incorporate them into the national economic and social development plans...

Article 10: People's governments at or above the country level shall, on the basis of the population development plans, formulate plans for implementation of the population and family planning programs and make arrangements for their implementation.

Article 11: In the implementation plans for population and family planning programs shall be specified measures for keeping the size of the population under control, improving maternal and child healthcare services, and raising the general quality of the population.

Commentary: This article seems to discreetly authorize citizens who are in charge of enforcing the law to resort to sterilization and abortion to achieve their objective of controlling the size of the population.

Chapter III: Regulation of Reproduction

291

Article 17: Citizens have the right to reproduction as well as the obligation to practice family planning according to the law. Both husband and wife bear equal responsibility for family planning.

Commentary: Ever since this article was approved, the right of married couples to decide on the most fundamental aspects that unite them—that desire to exchange the seeds of life between them—is no longer theirs. They now only have the “right” to have one or two children, as provided for by the law.

Article 18. “The State maintains its current policy for reproduction, encouraging late marriage and childbearing and advocating one child per couple. 623 Where the requirements specified by laws and regulations are met, plans for a second child, if requested, may be made. Specific measures in this regard shall be formulated by the people's congress or its standing committee of a province, autonomous region, or municipality directly under the Central Government....

Commentary: If the law does not make a direct reference to the right of a third party (or more children), it does so indirectly to maintain the policies on reproduction that are in force. By law, married couples in China only have the “right” to one child. By law, some may obtain permission to have a second one. For instance, a couple under exceptional conditions are allowed (through a previous approval) to have a second child after an interval of several years.624 Currently, the conditions under which a couple may have a second children are these: when a rural couple hasave just one daughter; and when an urban or rural couple are both only children. The Chinese government's note (March 3, 2009) on this policy is entitled, “No Changes in the Population Policy.”625

Article 19. Family planning shall be practiced chiefly by means of contraception. The state creates conditions to ensure that individual citizens knowingly choose safe, effective, and appropriate contraceptive methods. Where birth control operations are performed, the recipients' safety shall be ensured.

Commentary: The act of conceiving is exclusive to matrimony and it is the most intimate and purposeful act of the spouses. Therefore, contraception in itself is an intentional act. Only human beings can decide to make use of their capacity to procreate and block its natural consequences. Intentionality is part of a person's privacy; in this case, married couples share such privacy, and their freedom is violated when they are obliged to use

623 Tian, X.Y. and Zhou, L.P. (2004), p. 112 624 Wu, C.P. and Mu, G.Z (2004), p. 66 625 http://www.nfppc.gov.cn/en/en2009-03/enews20090303-1-htm 292 contraceptives.

Article 20: Couples of reproductive age shall conscientiously adopt contraceptive methods and accept technical services and guidance for family planning. Incidence of unwanted pregnancies shall be prevented and reduced.

Commentary: This seems to confirm the preceding article. The freedom of citizens is restricted to simply choosing the method in order to comply with state regulations. It is not about the citizens' free choice to determine the size of their families. Just like Article 11, this article seems to order the termination of a pregnancy, not because the parents want it, but because the government officials are set on carrying out the birth control policy, especially when it comes to meeting the numbers specified by the law.

4. The Current Situation

The books that explain the present-day policy on family planning, like Population and Development in China,626 China’s Population Situation and policies,627 and White Papers of the Chinese Government: China’s Population and Developmentin the 21st Century,628 limit themselves to citing data to justify the government's measures on family planning, and the need to continue them.

However, doubts about the wisdom of this policy are now being heeded and more often now, there is a growing clamor to revise it. The reason behind this is generally pragmatic in nature, such as the need to solve the aging of the populationce, the scarcity of manual labor, and especially the scarcity of girls. Those who propose some changes however only propose that the one-child policy be increased to two children per married couple, along with other similar solutions.

Considerations on the characteristics of the person may help design modifications that would favor the freedom, dignity and sense responsibility of individual citizens. However, since all the considerations on the Population and Family Planning Law of 2002 are economic or social in nature, it would be good to refer to other socio-economic viewpoints and so engage the proponents of this law in a dialogue on the same ground. a. Economic Considerations

From the time the open-door policy (1978) commenced up to this very day, China has taken giant steps towards becoming an economic world power. This happened

626 Tian, X.Y. and Zhou, L.P. (2004) 627 Wu, C.P and Mu, G.Z. (2004) 628 Information Office of the State Council of the People’s Republic of China (2000-2001), pp. 336-363 293 simultaneously when the country saw a notable increase in its economically inactive populationce—the result of the Baby Boom that happened two decades before 1978, and of the surge of passive classes whose quality of life had undergone a significant boost. This marks an increase in the life expectancy index.

Macroeconomic reforms have caused serious, sustained economic growth for China, bringing it to the forefront of the international playing field. Its first steps toward development included the restoration of land to the peasantry, the creation of four special economic zones, and the country's open invitation to foreign corporations to invest, first in 16 cities, then in coastal area.

The government's decision to avoid incurring foreign debt, implement economic reforms in the cities, open up the construction sector and liberalize ownership of properties, avoid devaluating its currency during periods of international crisis so as not to prejudice the income levels of workers and farmers, formulate and implement a fiscal system and measures to neutralize the effects of the Asian financial crisis of 1998, all explain China's economic growth.

China has become the region that draws in the greatest number of foreign capital and technological investments. In less than 30 years, it has attracted a great majority of the world's biggest corporations, who have and continue to invest in the country, not for its family planning policy but for its open economic policy. In fact, these companies are competing with each other for a slice of the huge Chinese market. On one hand, this great populace is the most important factor behind the country's internal growth, making it possible to carry out important infrastructure projects that China has finally begun to undertake--making up for two centuries of suffering.

The businesses that have significantly driven this new economy choose to invest and locate themselves in the more densely populated areas: the big cities. These areas demand constant additional reinvestment in infrastructure, energy, transportation and specialization, which translate to more growth. Recent years have seen other forms of investment, such as those related to the service industry, which likewise eye the more populated areas of the country. Thus, one cannot say that a huge population hinders the establishment of such businesses, as these spot new markets in an every-growing population.

Both the new and the traditional industries prove that production capabilities can easily overtake those of consumption (demand). Even the more traditional industries, like construction, have benefited from this reformed economic system. Builders have experienced an increment in the production of not only more homes, but also ones of better quality, to accommodate the demands of a growing population. To sustain its

294 current economic boom, China would have to increase its internal market.

Another interesting observation arises from an analysis of China's two great regions, whose population densities are quite on the extreme ends: a. The coastal zone, which is the most populated, has significantly developed, thanks to the said economic reforms. There, the index of development is much greater than the population growth index. Shanghai supplies about 25% of the Gross National Product (GNP). Something similar is happening to the tiny province of Guangdong, neighbor to Hong Kong and Macau. The two latter zones, which make up two per cent of the territory and are very densely populated, yield close to 40% of China's GNP.

There is no scientific reason to downplay the role of population growth in economic development. The huge development of these areas came about with the significant increase in their population, as well as the notable increase in immigration from other regions. Without ignoring the risks and problems to these, experience shows that the mobility of millions to centers that offer better work opportunities has greatly benefited and contributed to development. b. The eastern zone, on the other hand, is thinly populated. China is rich in water, energy and mineral resources which, for a long time, have been in disuse. Big development plans are possible as long as these are backed up by dynamic population growth. Three important challenges to development for over half of the country are the mountains, deserts, and water distribution. Only the government has the means to populate this vast territory. Without considerable population growth, the bulk of the development plans for these zones will be limited to extracting the wealth from the western regions, which are rich in energy, and transfering this to the coast. This would then go against fostering national unity and equality of opportunities.

Where, in the past, much value was given to land and capital, which are limited resources, it was generally accepted that an indefinite increase in population would harm the common good. However, the modern world, especially in the past 30 years, has increasingly valued the human factor—knowledge, the ability to adapt, spirit of initiative, and communication. Access to capital, education or information is no longer for a few or for just one geographical area; it has become a common patrimony.

Key to economic reform was the transfering of government responsibilities to the citizens. That is, the citizens decide on investment, production and management concerns. Economic growth is assured when one simply pays the due taxes. When the majority of the nation used to depend solely on the government, the fear of unbridled population growth could be justified. In the present system, population growth translates to future

295 increase in tax collection which, in turn, will allow the greater distribution of resources.

China's opening since 1978 coincided with a boom in the information sciences that assured the speedier and more efficient delivery of goods and services to any corner of the world. This panorama gives China an immense edge in then new world order, precisely because of its booming population.

From the time of the Industrial Revolution, the following innovations have taken place:

1785-1845: Hydraulic energy, textile industry, iron industry

1845-1900: The steam machine, the railroad system, the steel industry

1900-1950: Electrical energy, internal motor combustion, the chemical industry

1950-1990: Nuclear energy, aviation and electronics, the petro-chemical industry

1990-2020: Recyclable energy, satellite communications network, software629

We may draw the following conclusions from these periods of innovation: 1. Each period is a source of economic growth and of new jobs; 2. the interval periods get shorter each time, that is, the new sources of wealth are converging in time; 3. even if these periods are unpredictable, they generally arise as a response to concrete problems.

One can observe in the last period that over half of the populace in the developed countries are working in the information service sector, 630 meaning that they “produce nothing,” agriculturally, industrially, or commercially speaking, compared to the previous periods. From the economic point of view, one can object to the validity of the reasons behind the present-day family policy.

Man increasingly satisfies his needs with products that highlight human intelligence as their major component—products that speed up the consumption of a highly renewable resource: human creativity. Note that when the family planning policy was just starting to be implemented, income-generating sectors, like the information sciences, electronics, telecommunications, biotechnology, and the genetic production of food were practically non-existent.

The view that avoiding childbirth is beneficial to a nation is like a business manager who distributes huge dividends today without thinking of tomorrow's investments. He receives

629 Lucas Marín, A. (2002), p. 77 630 Lucas Marín, A. (2002), p. 98 296 a bonus for his diligent performance but he is actually hurting the business and society in general. Persons do not only pose economic problems; the also know how to solve them. It is true that more persons mean more problems, but there will always be more solutions. b. Social Considerations

As we have seen, the reason behind controlling the population growth rate was “the desire to speed up the upliftment of the people's material and cultural life; the desire to place the people of the entire country in conditions wherein they can have a better, more beautiful and more meaningful life.”631

The truth is, many people simply love children. It is just as real that children give more beauty and meaning to life. For many, the best thing that can happen to them is to have one child more. Therefore, it does not seem right that population experts decide what is good or beautiful for others.

Until the 1990s, the idea of beautiful cities was of least relevance, but when Beijing was pitched as the venue for the 2000 Olympics, the government set in motion all its available mechanisms to beautify the city. The big plan to develop Shanghai immediately followed, and the results were pleasing to the eye. Thus followed a series of plans to improve the look of the urban centers.

These efforts prove that an increase in population is not an obstacle to improving the people's quality of life—not only in terms of housing, but also in terms of the surroundings. Common areas today are beneficial to society and not just to a privileged group of government officials. It is not hard to create such spaces in the cities, as this goes with the growth of the population. Again, population growth does not impede the beautification of cities.

Millions have moved from the countryside to the cities. Over half of the population today lives in cities. People opt to leave their farms to seek work or study opportunities—a better and more comfortable life. Improvements in infrastructure, such as airports, highways, parks, subways and educational, cultural and sports facilities, offer more and better services to a growing number of people.

As regards the quality of life in the cities, the high-rise buildings absorb the increase in population without having to lower the quality of life or ruin the agricultural areas. The once one-dimensional world is now three-dimensional, thanks to the development of new contruction techniques and materials. High-rise strucutres have answered the problems of

631 Fong, V.L. (2004), p. 72. 297 those who used to seek solutions only from the surface below their feet.

A shift in focus--from dedicating human and economic resources to family planning, to creating urban institutions and facilities and elaborating urban develop plans that will accommodate migration from the rural areas—may be a way to channel problems of population growth that today seems impossible to solve.

As the population doubled from 1964 to 2000, the percentage of illeteracy dropped more than five times, while the number of people who have attained higher studies rose to more than eight times. 632 These statistics show how, despite the great increase in population, China, through its economic reforms, was able to significantly give its people more opportunities to achieve higher levels of education. In the same vein, economic reforms paved the way for milestones in health care, despite the increase in population.

With the natural increase in population, one can expect a better society, in terms of the entertainment habits of the young, decreased juvenile delinquency, prostitution and homosexuality, increased involvement of parents in the education of their children, more solid and harmonious families, and an increased appreciation of family values, such as stability, fidelity, and mutual help in old age. The population pyramid will certainly be more balanced, and make the costs for social security more solvent.

5. A Humanist Approach After 25 years of a State policy that was pushing for economic growth at all costs, recent years saw its transformation into a policy for sustainable economic growth. The Chinese had to deal with economic disaster in 1978. Without making value judgements, one can understand where the government was coming from: it wanted to get out of economic stagnation that has given rise to a prolonged period of misery and poverty. Along with this new economic direction, one can see a new State policy inspired by the search for social harmony. It seems to be the best time to revise the family planning policy, this time from a humanist viewpoint and not only in terms of economic development. An article in the July 10, 2007 edition of the online paper People’s Daily reports a scarcity of wives that was going to shake the Nation by 2020. China now has 37 million more men than women, with the men aged below 30. In 1982, there were 108.5 male child births to every 100 female child births. The rate remained unchanged such that by 2005 an official report stated that there were 118.88 boys to 100 girls. It is estimated that there would be 126 boys to 100 girls by 2009. In contrast, China's ratio of male to female child births was similar to that of the rest of the world during the years previous to the

632 National Bureau of Statistics of China, “2005 China Statistical Yearbook” (2005), p. 95 298 implementation of the family planning policy: in 1953, there were 107.5 boys to every 100 girls and in 1964, 105.5 boys to 100 girls.633 The abovementioned article also reported that in a congress held in Beijing, a group of population experts agreed that China must seek an immediate solution to this problem. While the congress participants admitted that this disproportionate birth ratio “had something to do” with the family planning policy, they stated that this was not the only reason behind it. They pointed to the use of ultrasound technology, by which many could now choose the sex of their unborn child. To remedy this problem, China is implementing laws that prohibit the use of the said method to identify the sex of the fetus (unless it is done for medical reasons), or as a way to avoid the “artificial termination of the pregnancy” on grounds of sexual discrimination.634 Documents from the Ministry of Health confirm this vague declaration that the family planning policy in its current form and implementation is creating a social crisis with volatile repercussions. In September 1986, the Ministry of Health passed a notice that prohibited the identification of the sex of the fetus. In May 1989, the Ministry sent out another urgent notice about using medical techniques to identify the sex of the fetus. “To safeguard the Nation’s long-term interests and the stability of the Country, it is necessary to reaffirm that, with the exception of diagnosing hereditary illnesses, all units and departments are strictly prohibited from identifying the sex of the fetus using technologies, such as the B- scanner, chromosome techniques, etc.”635 In 1998, Shandong province added another prohibition to the above, preventing the selective termination of pregnancy for non-medical reasons.636 On April 13, 2009, the Office of Information of the State Council sent out a communication to inform the public that the Action Plan of HumanRights in China (2009-2010) strictly prohibits the identification of the sex of the fetus for non-medical reasons, as well as the termination of the pregnancy if the fetus were female.637 In the second semester of 2009, China Daily regularly published a series of articles that voiced the concern of professors, intellectuals, population experts, and some directors of China's family planning program about the negative consequences of the one-child policy. They were particularly worried about the growing number of male children and the future scarcity of women.

633National Bureau of Statistics of China, ‘2005 China Statistical Yearbook’, (2005), p. 95 634People’s Daily Online, Juy 10, 2007, http://english.people.com.cn/900001/90776/90882/6212115.html 635http://www.unescap.org/esid/psis/population/database/poplaws/law_china/ch_record019.htm 636http://www.unescap.org/esid/psis/population/database/poplaws/law_china/ch_record021.htm 637www.chinaview.cn 299

Herein is an implicit acknowledgement that the country has spent over 20 years combatting a problem using the wrong solution because it has refused to accept the root causes. The source of this new discrimination that arises from the desire of parents to have children is found in the Family Planning Law itself. It is a law that tries to interfere with the very purpose of the marital union, depriving it of the natural desire to generate new lives. The goodness of man is founded in knowing and carrying out the truth. One of the truths that man knows is that love is a moral force and not simple physical attraction, therefore, the decision (or at least the desire) to procreate cannot be a purely biological one.638 A community must have something in common in order to exist, and matrimony is a community of love where the spouses share the power to give life to a new human being. To solve this problem, it is a good idea to recall Confucius' wisdom: a law must be formulated in accordance with the truth of man, and not only for its usefulness to man. To paraphrase Mencius, we can ask: Why do we need to talk about benefits and gains! What matters is to do things well—that there be humanity and benevolence. That is all. A law must recognize that every matrimonial community possesses the power to decide on its future. A population policy can encourage or discourage people, who are responsible for the decisions they make in this matter. A possible solution to the disproportion between the number of male births and female births would be to revise Article 49 in the Constitution as follows: “The right and duty practice family planning is exclusive to the spouses, to each and every married couple.” Even better, the article may be futher modified in this manner: “The right and the duty of execise responsible parenthood is exclusive to the spouses.” In this way, the policies of future governments and the implementation of these policies would not interefere in people's privacy and conjugal life.

638González, A.M. (2006), p. 104-110 300

301

Conclusions

China's historical past continues to offer all of mankind an inexhaustible source of wisdom and goodness. Confucius summarized its history and civilization in The Five Classics, which are now considered a legacy for all humanity. His ideas and doctrine are, to a great measure, the factors that united and harmonized the nation for over 2,500 years. China is one of the countries that explicitly made it a State policy to protect the unity of the family.

In classical China, the basic unit of society was not the person, but the family. The traditional family welcomed children as a blessing, and filial piety was foremost among the virtues. Likewise, the family played an important role in the social order, where the characteristics of almost all other relationships were drawn from the family. In this sense, the unity of the State weakens once family bonds are weakened.

The social model that Confucius proposed rested on virtue, and not on utility: “There are five things and whoever is capable of putting them into practice in the Empire is certainly 'benevolent.' ... They are respectfulness, tolerance, trustworthiness in word, quickness and generosity. If a man is respectful he will not be treated with insolence. If he is tolerant he will win the multitude. If he is trustworthy in word his fellow men will entrust him with responsibility. If he is quick he will achieve results. If he is generous his fellow men will be willing to do his bidding.”639

Taoism, Buddhism and Neo-Confucianism agree in teaching of that benevolence ais proper to man, and the way by which a good person should treat others. This benevolence can be considered as an extension of Confucius' and Mencius' teachings on filial piety. All the ways of classical Chinese thought, except that of Legalism, lead to goodness and virtue, and not utility.

In Mencius' social model, preserved as one of China's legacies, the task of governance implies and requires striving to do good. A neutral or indifferent government is unheard

639 Confucius (2002), Book 17, No. 6 302 of: “(The ruler's) failure to become a true King is due to a refusal to act, not to an inability to act.”640

China's three teachings also agree in their view of the person as a subject of morality. The concept of “person” refers to the moral worth of the human being: there are only good or bad persons. The goal of educatioan was to prepare good persons, and appointments to positions of governance and administration are based on the said criterion. In this respect, China has an edge over modern Western culture, which educates its youth with sights merely set on results.

When the first emperor of China had The Five Classics destroyed, he was not attacking the family as an institution, but the then-prevalent family system. This extreme measure meant to eliminate the hereditary character of public office. The State—with the exception of the imperial family—was transformed into a professional organization profesional that was founded upon the virtues and talents of its officials. For 2000 years, the imperial examination system was the instrument for promoting and guaranteeing the right selection of such men.

The important contribution of Taoism and Buddhism to China's cultural identity had nothing to do with the organization of the State and the family—Confucius' main topics—but with man's relationship with nature and with himself; and how one could solve the problem of human suffering, which is Buddhism's central theme.

An extraordinary interest to return to Confucian sources arose during the Song Dynasty. The recognition of human virtues and abilities is summarized in the interest to know the principle of all things. Still, this new Confucian school interpreted The Five Classics' constant mention of God and Heaven in a naturalist sense and so shut the doors to ideas regarding the human spirit and its ability to project itself into the future. Confucius, on the other hand, always left this proverbial door open.

When the presidents of the Republic (in 1911 and in 1949) ordered the elimination of the Imperial Codes, they were not attacking the family as an institution. Again, these steps aimed to establish the equality of all men before the law—the equality between men and women and the rights of children. In both cases, the idea was to make perfect, and not weaken, the institution of matrimony.

The sages of old founded social living on five human relationships, while the Legalists, in their zeal to safeguard the strength of the Imperial system at any price, institutionalized

640 Mencius (2003), Book 1, Part A, No. 7, pp. 17-19 303 the hierarchy of social relationships, father-son, husband-wife, older brother-younger brother, to reinforce the emperor-subject relationship.

China's eventual contact with the West drove it to incorporate the business enterprise into the social fabric, bringing about the discovery of the juridical person as well as of the definitive concept of “person.” Through the business enterprise, China discovered new relationships characterized by freedom and equality. It is harder to find equality and freedom in today's western model of matrimony, as almost all of the western world has long been experiencing the disintegration of this institution.

Confucius was mainly interested in social virtues, while Zhu Xi focused on individual virtues. However, to review Confucius' original teachings, one must set aside the paragraph that Zhu Xi added to the Classics. These books instructed all citizens in benevolence and harmony among families and inviduals. In this regard, concepts, like nobility, sincerity, friendship, marriage, and brotherhood, cannot be measured using the parameters of science, mathematics, or economics.

Present-day China has remained convinced that a ruler is duty-bound to carry out benevolent works, not only for society in general, but also for families and persons. For this reason, the civic education of its youth has retained the basic elements of The Five Classics and The Four Books.

The introduction of the new open-door policy in 1978 is a historical event of major global impact. China's decision to welcome a new way of social living that is based on the equality of persons (physical and juridical) before the law has replaced the legalism that the Qin empire enforced over 2000 years ago.641

In addition, the incorporation of juridical persons into the social fabric of China signfies notable progress in economic growth and wellbeing, as well as strength and stability for the government. Still, it is important to note that the business enterprises do not substitute the family institution. In this regard, it seems valid to seriously question the goodness and benefits of the current family policy.

The Population and Family Planning Law (1-IX-2002) is China's drastic breaking away from its past. The great social changes in its history were directed at abolishing the family system and not the family. However, through this law, the State itself cripples the institution. It not only undermines the ties of blood, but also seriously belittles persons by

641 Of late, the Chinese government has expressed that it definitely favors the Rule of Law, that is, it considers the person as subject to rights. 304 depriving them of the intentionality of conjugal love and the power to generate life on their own terms and conditions. Matrimony is based on the intention of a man and a woman to share their intimacy in an exclusive, stable, and lasting manner—something which all human beings have the right to decide for themselves because this is part of human freedom. The intentionality of the spouses with respect to procreation is part of their privacy and, therefore, of their freedom. The family's sovereignty is hope for those who seek the truth of love and the ties of human solidarity—the search for a more human society.

Even in Chinese culture today, violating filial piety remains the worst offense that one could commit. They are still convinced that nothing could be worse than being a bad son, but how can the Chinese continue to raise good children if the State mandates that they must not be born? It seems important to restore the right of a person to be a good father or mother. Filial piety is directly related to responsible parenthood, but parents are deprived of enjoying the many expressions of filial piety because they have not had the chance to have children on whom they could shower their love.

We can imagine Confucius admonishing China: “The reason for instilling filial piety in children as they grow is to have every child learn to respect all the parents in the world.” This idea generated a society founded on the principle of authority (Classic of Filial Piety, Chapter 14). The West, on the other hand, was inspired by this Biblical passage: “Therefore a man leaves his father and his mother and cleaves to his wife, and they become one flesh (Genesis 2:24).” This was the springboard for a society founded on principles that foster greater equality and freedom, and in a very special way, the greater dignity of the human person. This is perhaps the main difference between the East and the West.

However, these two ancient civilizations, be they governed by the principle of authority or the principle of freedom, agree that “within the modest confines of the marital union, which is obtainable by anyone, even those stripped of power and honor, nestles a specific, extraordinary and exclusive sovereign power, which is that of transmitting life. Such sovereignty of the person, man and woman, which is fundamental to marital rights, can never be infringed upon or violated by the sovereign of a country.”642

642 Viladrich, P.J. (2005), p. 84 and pp. 89-93 305

Chronology

The Feudal Period XXIV BC - 221 BC

XXIV BC The lLegendary eEmperors Yao and Shun 2200-1650 The Xia Dynasty 1650- 1050 The Shang Dynasty 1050 - 221 Dinastía The Zhou Dynasty 551- 479 Confucius -- -- Lao Tzu 390- 338 Lord of Shang 371- 289 Mencius 369- 276 Chuang Tzu 330- 250 Xun Zi 280- 233 Han Fei Zi

The Imperial Period 221 BC - 1911 AD

221-206 BC Qin Dynasty 206 BC-220 AD Han Dynasty 2 BC The “Confucianization” of the Empire 1 BC Introduction of Buddhism to China 2 AD Emergence of the Taoist religion 618-907 AD Tang Dynasty: The Zenith and Decadence of Buddhism 960- 1279 Song Dynasty: Emergence of Neo-Confucianism 1130- 1200 Zhu Xi 1368- 1644 Ming Dynasty: The Great Legal Codes 1644- 1911 Qing Dynasty 1839- 1842 The First Opium War 1894- 1895 The Chinese-Japanese War

The Republican Period From 1911 onwards

1911-1949 Republic of China 1919 The May 4 Movement 1949 People's Republic of China 1950 Marriage Law of the People's Republic of China 1978 Open-door Policy 2002 Population and Family Planning Law

306

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