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Journal of Political Inquiry at New York University, Spring 2014 Issue

A CRITIQUE OF CONFUCIAN LEGITIMACY

Sihang Luo

of . Educational measures and I. Introduction social propaganda aside, they are also trying The revival of Confucianism has to reintroduce Confucianism into ’s been a heated topic in the field of political system, both normatively and philosophy as well as political science for at practically. , a contemporary least fifteen years. Confucianism, a school Chinese Confucian, is one of the most active of thought which was founded over two intellectuals in promoting political thousand years ago by the ancient Chinese Confucianism. Jiang is best known for his intellectual Confucius, has a long history proposition of constitutional Confucianism, that is filled with twists and turns. Dating which is not only obviously different from back to the imperial dynasties that lasted for liberalism and democracy but also serves as thousands of years in the history of China, a critique of Neo-Confucianism. Jiang Confucianism was broadly embraced, at criticizes the status quo of the Chinese least on appearance, as an official ideology political system for lacking legitimacy, and even through dynasty changes. However, in he believes that employing a western China’s modern history, it suffered intense democratic system cannot solve the problem. theoretical criticism as well as political On the contrary, a Confucian constitution attacks. At the beginning of the 20th century, must be built in order to exist as a political it was abandoned by Chinese intellectuals system rooted in eastern culture and history. who were eager to embrace Western culture Jiang’s reading of Confucianism as well as and thoughts, setting Confucianism as a his design of an eastern political system is symbol of conservatism. It was also wrecked now under intense debate in China. Taking during the Cultural Revolution—a this into consideration, the following countrywide social movement that aimed to analysis attempts to analyze Jiang’s break up traditions and produce proletarian criticism of modern democratic theories and culture. his construction of a Confucian Chinese Confucian scholars are constitutional system, criticize his making an attempt to build a bridge between theoretical shortcomings and raise a the early glory days and latter-day breakage suggestion.

II. History of Confucianism in China political impact: Confucius himself had had Confucianism is undoubtedly one of the few chances to practice his thoughts, most influential ancient philosophies in spending a long period of his life touring China. Built by Confucius during the Spring multiple kingdoms to sell his thoughts but and Autumn Period (Approximately 771 BC receiving limited attention. Early political to 476 BC), Confucianism was firstly influence of Confucianism should date back concentrated on ethical, political and to the Han Dynasty when Confucianism, educational thoughts. Meanwhile, the early combined with other schools of thought, was rise of Confucianism did not lead to intense developed into a theory that embraced

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Journal of Political Inquiry at New York University, Spring 2014 Issue cosmology and was employed by emperors “Down with the Confucian Shop” (Liu of the Han Dynasty as the foundation of Shu-Hsien 1996, 39). legitimacy for the regime. The founding of the People’s However, it is argued that Republic of China in 1949 pushed Confucianism was applied only at the Confucianism into a tougher place. The ideological surface. While it initially official ideology of the People’s Republic of appeared to have been abandoned, China (PRC), Maoism, showed little legalism—a school of thought to some tolerance to Confucianism. In the Cultural extent identical to utilitarianism—remained Revolution, anti-Confucianist sentiments embedded deep in the governmental system thrived with the guidance of the government, of the Han Dynasty,. Moreover, an influx of resulting in its theoretical and material in late Western Han Dynasty and wreckage. the emergence of , a homogeneous Up until the employment of the doctrine, strongly challenged the leading Reforming and Opening-up Policy2 in late status of Confucianism. 1970s, Confucianism in China was The first Confucianist revival started abandoned for over seven decades. Its third around the Tang Dynasty (618–907 AD), revival corresponded to China’s economic and reached its peak in the Song Dynasty rejuvenation, acquiring a popularity, firstly (Northern Song Dynasty: 960–1127 AD; in China and then abroad. Liu Shu-Hsien Southern Song Dynasty: 1127–1279 AD). suggested that on December 7, 1984 an Returning to ancient Confucian thinkers and editorial was published in the People’s Daily absorbing some notions of Buddhism and which declared that the works of Marx were Taoism, this revival was led by scholars the product of the nineteenth century and such as Zhou Dunyi, Cheng Hao, Cheng Yi could not possibly solve all the problems in and Zhu Xi. The founding of the imperial the twentieth century, people were urged to examination system 1 also proved to be further develop Marxist thought in order to helpful in strengthening the class of cope with the present situation (Liu scholar-gentry. The second rise of Shu-Hsien 1996, 41). Following the editorial, Confucianism basically lasted until the viewed as the early step of reopening and abolition of the examination system in 1905, re-allowing the discussion of official and which was the symbol of the end of orthodox ideology. Classic passages from Confucianism as an official ideology. After ancient Confucian works were again put into that, China experienced a strong impact textbooks of primary and secondary schools. between Eastern, traditional thoughts and Government leaders like former Chairman Western, heterogeneous ones. Confucianism Hu Jintao and Prime Minister Wen Jiabao was blamed for practically all the problems have also adopted notions from China had to face in the modem era; this Confucianism in open lectures or was why the popular catchword during the governmental documents. Confucianism is May Fourth cultural movement in 1919 was now enjoying its resurrection in both academia and the daily lives of people. 1 Imperial examination system is an examination system majorly based on testing III. A Confucian Constitution candidates’ abilities of knowledge of Confucian works, aiming at selecting governmental officials and breaking the barriers of ancestry. The system 2 The Reforming and Opening-up Policy is a was firstly founded in 605 AD, Sui Dynasty and liberal economic policy that was put into practice lasted for approximately 1,300 years. in late 1970s, allowing market economy in China.

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Journal of Political Inquiry at New York University, Spring 2014 Issue

In his work A Confucian original and philosophical pursuit of liberty. Constitutional Order, Jiang clearly takes a According to Jiang’s observation, people in position that is against Western democratic the modern society are playing the role of system, which is based on his criticism of God in the medieval ages, “the sovereignty two main characteristics of democracy: of the people is simply the secular electoral system and popular legitimacy. equivalent of the sovereignty of God” (Jiang Jiang contends that although an electoral Qing 2012, 30). In this sense, there is no system promises to elect candidates to serve logically possible check when a decision is for the common will, it is often distorted made by the population. Furthermore, Jiang into a system that produces immoral believes that above all, between immediate characteristics. In Daniel A. Bell’s interests and long-term interests, people summarization, Jiang believes that possess a tendency towards the former. “succeeding in democratic elections means Giving the sole legitimacy to people leads to taking part in ‘secularism, pursuit of an outcome based on popularity and the interests, agitation, demagoguery, general decision is only concerned with self-projection, performance, fawning, what is going to happen in a short period of hypocrisy, pretense, pandering to the time; there is no ideal in the system to hold populace, including even absurdities, farce, back this tendency. Jiang further believes and a great waste of money’”(Jiang Qing that the problem results from the separation 2012, 15). By stating that winning an of state and church. election pushes candidates to abandon moral Jiang elaborates that political system characteristics and to embrace immoral ones, is not a rational selection. Rather, it is a fruit Jiang criticizes democratic election as an of “historical continuity and traditional immoral system. Moreover, democracy inheritance” (Jiang Qing 2012, 36). cares only about head counting rather than Democracy prevails in Western societies moral tendencies beyond the numbers. In because it coincides with western culture this sense, a new political system that and history. However, it does not identify promotes morality in the modern society with eastern ones. As a result the forecasting must be constructed to counteract the of eastern political systems should not be disadvantages brought about by Western based on democracy. Jiang’s solution of the democracy. route of eastern political system lies in a Jiang also criticizes democratic Confucian way, which he calls a Confucian system for placing legitimacy solely on constitutional order. citizens. It is usually commonsensical in Jiang provides for a system with democracy that powers of governments must multi-source legitimacy. He claims that in a either directly or indirectly come from those Confucian constitution, legitimacy comes who are governed. It is an ingrained notion from three sources: heaven, earth, and founded almost at the same time as the human. Heaven stands for natural morality; theoretical appearance of theory of social earth stands for history and culture; human contract, which was an original mode of the stands for will of the people. Also, modern democratic system. Modern regimes assemblies are correspondingly divided into are built because citizens want to keep three: House of Ru3 represents the Way of liberty. If they have to be dominated, they Heaven; House of the Nation represents the want to be and should be dominated by Way of Earth and House of People themselves. Placing political legitimacy on population is certainly a direct result of the 3 Ru, Confucians.

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Journal of Political Inquiry at New York University, Spring 2014 Issue represents the Way of Human. The system, Jiang’s trilateral political system is which is originally outlined in Gongyang obviously designed to overcome the Zhuan, was called The Way of the Humane shortcomings of the western democratic Authority. system pointed out by himself. A sacred The first legitimacy, namely the legitimacy is placed in a position which legitimacy of heaven, is a “sacred precedes other legitimacies. In this sense, a legitimacy”. It places strong emphasis on popular decision should not prevail if it is ecological values in the sense that the against the sacred legitimacy. The trilateral ecological environment is given by heaven system is also designed to alter the situation to human beings instead of being only as the that winning an election precludes moral object of human beings. Traditional values in democracy. Also, a historical and Confucianism shows a double-sided cultural legitimacy exists to solve the ecological attitude: firstly, human beings incompatibility between democratic system and the nature are homogeneous; secondly, and eastern societies. Jiang admits that the human beings and the nature should live in Way of Humane Authority has borrowed balance and accordance. In this sense, it spirits from monarchy and theocratic rules; allows ecological values to set checks and however, the combination of different types limits to popular will. If a popular will is of regimes could be a “mutual equilibrium” against the way of heaven, it will be and a “refusal to allow anyone to exclude restrained by it, in which sense Jiang calls the others or become unrestrained” (Jiang the first legitimacy as a politics of ecology. Qing 2012, 39). Jiang refers to Confucius The second legitimacy of The Way and Aristotle, the former combining the of Humane Authority embraces historical spirit of three ancient Chinese dynasties and and cultural legitimacy. Jiang believes that the latter giving credit to a mixed form of political systems should not be in rupture government. Jiang thus believes that the with local history and culture, or it would be mutual equilibrium of three legitimacies is rootless, lacking “the nourishing sustenance the best way to tackle problems in of the resources” (Jiang Qing 2012, 39). A current-existing political systems, which is mechanism of the way of the earth thus dominated by one single source of provides what is in need in the democratic legitimacy. systems. A political system that follows the way of earth will be able to develop the IV. A Critique of Trilateral Confucian resources of a given countries’ own Legitimacies experience of politics as well as its citizens’ Though seeming to be a bit of an psychological and moral tendencies. enchanted theory of politics, Jiang’s design According to Jiang, political systems built of a trilateral system of legitimacy deserves upon history and culture will be more stable to be carefully discussed and analyzed. He and will be able to last longer.The Way of does point out several problems of the Humane Authority does not simply reject current-existing democratic political systems, popular will, as Jiang elaborates. However, which are also recognized by scholars and it must be placed in a proper position in the intellectuals in western societies. First of all, political system, instead of being as a Jiang is vigilant in detecting one problem of general and sole source of political power. It one-man-one-vote, which is that immediate has to obey the rule set by the first two interests are more likely to overwhelm legitimacies, or it would not be able to carry long-term benefits. What is more important out its decision. and profound is that there are people, or

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Journal of Political Inquiry at New York University, Spring 2014 Issue even non-living resources, that are unable to said to be related or even amounted by be represented in a one-man-one-vote benefits of human beings, under the system. For instance, infants or teenagers presumption of preferring immediate under the legal age cannot be represented in interests rather than long-term benefits it is such system. Prisoners who are not easy to persuade at least some people to disfranchised may also suffer a similar care about the future status of the predicament of protecting their own rights environment. In this sense, the and benefits. Two theories are sometimes one-man-one-vote system does have employed to solve this problem. On the one inefficiencies in limiting the consideration to hand, infants, teenagers or prisoners, though those who are represented. unable to be represented by themselves, are In addition, Jiang also presents a able to be represented by other groups of powerful discussion of political legitimacy people, say parents, relatives or specialists in in his design of trilateral legitimacies. He the field of child-caring or criminology. On questions the commonsense of democracy the other hand, people who possess the right that people should be the only source of of voting may consider their rights and political legitimacy. Though it might seem benefits due to the fear of getting in the anti-democratic, Jiang is not alone in situation of unrepresented people themselves. suggesting alternate sources of legitimacy. However, both of these two reasons seem to In the discussion of legitimacy of judicial be a bit weak. One-man-one-vote system is review, Richard Fallon, a professor in under an important presumption that the Harvard Law School, suggests that person who knows one’s benefits best is one legitimacy comes from both moral and himself. Then, if those who are social resources to answer to a powerful unrepresented by some groups of people, no doubt raised by Jeremy Waldron. In the case matter their relatives or specialists, it is of judicial review, Fallon believes that it is possible that interests are distorted. possible for judicial review to promote the Moreover, it is even possible that interests of overall legitimacy of a political system even the unrepresented conflict with interests of if it lacks a strong legitimacy on the basis of their agents, which create a practical majority principle. Jiang’s suggestion of contradictory that, will not be easily solved. trilateral legitimacies may echo Fallon’s As for the second reason, it applies to only a answer. If historical legitimacy or sacred part of the whole unrepresented group of legitimacy can be counted as social people. One may be afraid of being in the legitimacy in Fallon’s sense, and if they can situation of a disfranchised prisoner, but the work together to promote the overall fear of being an unprotected infant is not legitimacy of a Confucian constitution, it likely to prevent one from not considering may not be unacceptable to place institutions infants’ rights since an adult with voting whose connection with voters is weak in a power is impossible to become an infant Confucian political system. Clearly, Jiang’s again. It then has to involve love or elaboration of “mutual equilibrium” is an sympathy between voting persons and the attempt to make the three legitimacies work unrepresented, which returns to the first in accordance while at the same time reason. When the problem is extended to efficiently and positively. Furthermore, as non-living resources, it seems even more Fallon suggests, a reason why the court is difficult to find a solution. Even though the given the right to veto legislation is that benefits of non-living resources, in some court is able to provide a perspective that is schools of moral philosophy and ethics, is distinct from the popular decision. Jiang

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Journal of Political Inquiry at New York University, Spring 2014 Issue does try to ensure different perspectives rights. among his three legitimacies. The Jiang’s misunderstanding of differentiation of heaven, earth and human is majority threat is then linked to a second theoretically endowed with distinct mistaken observation of democracy made by standpoints. Jiang. Jiang believes that by counting heads It is not exaggerating to say that democracy dismiss morality. However, in Jiang’s observation of western democratic the process of making a decision, every system is at least insightful. Meanwhile, a voter is restricted by the rights of others. To powerful criticism does not necessarily lead respect other people’s rights is a basic rule to a successful or flawless construction of of democracy, which can also be regarded as theory. In other words, although Jiang seems a basic from of morality. Admittedly, it is to be correct about several flaws of possible for one voter to neglect other democratic system, his own design of a people’s cares and concerns, or to ignore Confucian constitutional order is open to long-term benefits just like Jiang has criticism. But before reaching into Jiang’s observed. But it is hasty to attribute this Confucian constitution, it is still worth problem to democracy. Lacking information mentioning that Jiang’s understanding of about other people’s concerns and about the democracy is not completely right. future may be the biggest reason behind the First of all, Jiang believes that in problem. As a solution, deliberation has contemporary democratic societies, citizens been introduced as a supplementary method play the role of God in the medieval ages. It normatively as well as practically in some seems to suggest that in a democratic system, political systems. By deliberation, voters it is unable to stop a popular decision even who have to make a decision are equipped when it violates morality since people is with knowledge of the problem they face as endowed with a highest position just like well as with of other people’s concerns. God. However, modern democracy has Deliberation can be seen as a never presupposed the flawlessness of self-adjustment of democratic system, and it citizens. On the contrary, it takes into is also a typical sign of the development of consideration all the potential flaws of democracy, in the sense that democracy is human beings. For instance, at the point of not a stiff system but a dynamic and moving departure of a Hobbesian theory of social one that is able to face its own shortcomings contract, which is often accepted as a and find solutions. It is then unfair to beginning of democratic theory, human attribute all the shortcomings of neglecting society before the foundation of state is morality to democracy, and it is also unfair described as a war of all-against-all. In the to presuppose that democracy is a static developmental history of democracy, the system, which is unable to solve its own threat of the majority over the minority is problems. always considered as one of the biggest As we mentioned above, good potential crisis in political praxis. observations do not necessarily lead to a Institutions with veto power against successful design of political system. legislation are created to counteract the Besides these two mistaken observations, possibility of abuse of the majority over the Jiang’s own design of Confucian political minority. Citizens’ rights are never system should be carefully investigated; I unlimited like God in any period of history believe there are problems inside which of democracy. There is always a boundary should not be easily ignored. restricting violations of other people’s The most serious problem is Jiang’s

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Journal of Political Inquiry at New York University, Spring 2014 Issue confusion of the original purpose of a of Ru. Supposing that, despite all political institution and the actual outcome controversies of the function of judicial produced by the institution. It seems even review, the system is working roughly self-contradictory when it is compared with fulfilling its original purpose, or in other Jiang’s criticism of democracy. Democracy words, the input is approximately equal to is designed to protect liberty of all citizens the output, the reason behind it is that courts who are governed by the state. Nonetheless, have to obey a Bill of Rights and cases it is widely recognized by critics, both from happened in the past. The Bill of Rights and inside and outside democracy including the cases serve as the connection between Jiang, that sometimes the original purpose of the input and the output of judicial review, protecting liberty is not fulfilled. Otherwise, which enhances the coincidence of the two. there is no need to place any critique on the In the case of House of Ru, there is nothing currently existing democratic systems. If existing to be the connection. Classic “protection of liberty” can be described as Confucian theories are not able to fill the an input of a democratic system, it is open to role in the sense that they are nothing more challenge whether the output of the system than philosophical or moral values, just like coincides with the input. But when it turns “liberty” or “equality” in a democratic to Jiang’s own design, it seems that he cares system. They can be a metaphysical pursuit much more about the input of the system but of a political system, but they cannot be a less about the output. The most significant practical measure to ensure the pursuit. problem in this sense lies in a very important, Jiang’s design of House of Nation is if not the most important, part in Jiang’s even more confusing in this sense. He system, which is the House of Ru. The elaborates that the leader of the House of House of Ru, obtaining a permanent power Nation should be a direct descendant of of veto, is designed to correspond to the Confucius. The mechanism of selecting Way of the heaven, which consists of members in the House of Nation is that Confucian scholars chosen by “[The leader] personally selects the recommendation or nomination. However, members of the House from among the Jiang’s discussion about the implementation descendants of great sages of the past…of of the House of Ru is far from sophisticated. patriots, university professors of Chinese Even though he mentions the way scholars history” (Jiang Qing 2012, 41). If we return in this House are generated, through either to the input of the House of Nation, it is recommendation or nomination, there is no designed to assimilate historical and cultural guarantee that these selected ones will make elements into decision-making process. The decisions abiding to the idea of heaven. relation between the members of the House Even though they may probably be the of Nation and the original purpose of the group of people who knows best the way of institution, yet, seems to be vastly weak. An heaven (it is still in doubt though), the honorable family background provides no knowledge of the way of heaven hardly guarantee of one’s being a qualified member parallels to an implementation the in the decision-making process that knowledge. Again, a case of judicial review emphasizes either history or culture. helps in explaining the relation between Avoiding a critique of being illogical in the input and output. Judicial review is endowed construction of the House of Nation will be with a vetoing power against a popular a hard task for Jiang and his proponents. decision, and then the input of judicial A second problem in Jiang’s review can be seen as similar to the House trilateral legitimacies may lie in the

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Journal of Political Inquiry at New York University, Spring 2014 Issue perspectives of the three legitimacies. position of leading ideology in ancient Richard Fallon, answering the doubt of why Chinese politics is Fa4. Besides, in the sense giving courts the vetoing power, suggests of society, ancient Chinese society was that institutions which bears the vetoing highly influenced by not only Confucianism power should be equipped with a distinctive but also Buddhism and Taoism, or maybe perspective from the legislation. Jiang even other schools of thoughts. In the long claims that the trilateral legitimacies come history of China, it is hard to conclude that from three distinct sources, as far as I am any single school of thought is the leading concerned, it is a dubious claim. The ideology of the country. Jiang’s promotion distinction between legitimacy of earth and of Confucianism, in this sense, lacks strong of human is vague. Jiang seems to abstract evidence of necessity. And a political culture and history out from citizens, while system that is built upon promotion of in fact elements of culture and history are Confucianism may not be seen as valid if taken into consideration in the function of that is its only foundation. legitimacy of human. A voter, when involved in a decision-making process, V. A Suggestion: A Confucian Deliberation makes consideration on the basis of his or Though Jiang’s theoretical her own cultural background. If Jiang construction of a trilateral system of believes that legitimacy of culture and legitimacy is open to criticism, and though legitimacy of human can be distinctly Confucianism may not be the only school of separated, it seems to suggest that Jiang’s thoughts exerting influence on China’s understanding of culture is not in accordance history and culture, Jiang does make a point with popular understanding of culture. Thus, in emphasizing the modern significance of Jiang is trying to promote a type of culture Confucianism, which is more noticeable in a that is not rooted in the society, which democratic society or a society that is necessarily leads to a question of the reason building its democratic system. of promoting this culture. Confucianism’s core notion is not coincident And the question is even related to a with a democratic theory. However, it does third problem of Jiang’s theory, which is not necessarily mean that Confucianism is more of a historical objection of Confucian not compatible within any democratic constitution. Confucianism has been system. Confucianism encourages personal employed as a method, both by foreign cultivation of an individual, emphasizing the theorists as well as native scholars, to significance of education, underlining understand imperial Chinese society. familial relationship and social interaction, However, the influence of Confucianism in all of which are not necessarily Chinese imperial dynasties is questionable. anti-democratic. In contrast, Confucianism Indeed, Confucianism is a school of can be employed as a supplementary method thoughts that is embraced by a number of in a democratic system, which helps in emperors in ancient China, but the function solving several problems in current of Confucianism differs according to democracies. different approaches and understandings of A Confucian deliberative system Chinese history. Though Confucianism was may be a feasible way to connect set as the official ideology in many Confucianism and modern democracy. dynasties, some historians argue that the Deliberation is also a supplementary major function of it lies in propaganda, while in fact the school of thoughts that is in 4 Fa, legalism.

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Journal of Political Inquiry at New York University, Spring 2014 Issue mechanism rather than an alternative of Confucian constitution is not flawless. electoral system. It provides an opportunity, Problems inside the system not only before election, for voters to get relevant negatively influence the feasibility but also knowledge and background information undermine the moral ground of the trilateral about the decisions they will make. A system. Thus, Jiang’s design of a trilateral discussion or forum is held in advance for system of legitimacy in China’s political the voters to exchange their viewpoints praxis is far from applicable. However, as mutually as well as for specialists and this analysis has demonstrated, there are experts to provide their professional tangible and important ways in which knowledge. Voters are shaped into people features of Confucianism can be absorbed with knowledge and information; they are into the political decision-making process. not elites making decisions for other people and then dominating them. After deliberation, the quality of a popular decision is expected to be better than without deliberation, in the sense that voters’ understanding of their decision becomes more clear and profound. Jiang’s emphasis of Confucianism, namely ecological thoughts as well as historical and cultural concerns, can be introduced into political system in the process of deliberation. Confucian scholars can be invited to share their understanding of politics, of society and of specific problems to the voters. When a decision is waiting to be done, information about its cultural and historical backgrounds should be clarified to the voters. Confucianism’s emphasis on education and personal cultivation can also help in this process. It may potentially enhance citizens’ willingness of public participation and keep the deliberative system working in good order. VI. Conclusion Jiang Qing, standing on a ground that is opposed to Western democracy, designs a trilateral system of legitimacy to replace a democratic sense of legitimacy that he claims is solely based on election and majority principle. Jiang does make some insightful observations on democracy and does find shortcomings of democracy, but there are also misunderstandings in his analysis. Moreover, his design of a

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Journal of Political Inquiry at New York University, Spring 2014 Issue

Bibliography

Jiang Qing, Daniel Bell, Ruiping Fan, and Edmund Ryden. A Confucian Constitutional Order: How China's Ancient past Can Shape Its Political Future. Princeton, NJ: Princeton University Press, 2012. Liu Shu-Hsien, On New Frontiers of Contemporary Neo-Confucian Philosophy, in Journal of Chinese Philosophy, Volume 23. Issue 1. Page 39 - 58, 1996. Bell, Daniel. China's : Politics and Everyday Life in a Changing Society. Princeton, NJ: Princeton University Press, 2008.

Jr., Richard H. Fallon. "The Core of an Uneasy Case for Judicial Review." Harvard Law Review 121, no. 7 (May 01, 2008): 1693-736. Accessed April 27, 2014. http://www.jstor.org/stable/10.2307/400 42714?ref=search-gateway:5c00a51e9f 750597de78d15f57d9306d.

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