Harvard International Review

Joining East and West: A Confucian Perspective on Human Rights Author(s): TU WEIMING Source: Harvard International Review, Vol. 20, No. 3 (SUMMER 1998), pp. 44-49 Published by: Harvard International Review Stable URL: https://www.jstor.org/stable/42764005 Accessed: 09-05-2019 07:56 UTC

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Joining East and West A Confucian Perspective on Human Rights

tradition, duty-consciousness is more pronounced than rights-consciousness - to the Human tradition, extent rights extent that that duty-consciousness the Confiician tradition theunderscores are Confiician self-cultivation inseparable , family cohesiveness, tradition from is more human underscores pronounced responsibilities. self-cultivation than rights-consciousness Although family in the cohesiveness, Confucian - to the economic well-being, social order, political justice, and cultural flourishing - it is a valuable spring of wisdom for an understanding of human rights broadly conceived. The argument that Confiician

BY TU W E I M I N G humanism is incompatible with emergedhu- through a long and arduous for growth, development, and, man rights needs to be carefully process ex- beginning with the Enlight- unfortunately, exploitation. The amined. enment movement in the modern unleashed juggernaut blatantly exhib- Human rights as "the common West in the eighteenth century. The ited unbridled aggressiveness toward language of humanity," to borrow Enlightenment mentality is the most humanity, , and itself. This from former dynamic and transformative ideology unprecedented destructive engine Secretary-General Boutros Boutros- in human history. Indebted to the has for the first time in human Ghali, is a defining characteristic Enlightenment of mentality are the history brought into question the vi- the spirit of our time. For the past values half- that underlie the rise of the ability of the human species. Mainly century - since the ratification ofmodern the West: liberty; equality; because of our own avidya (the Universal Declaration of Human progress; the dignity of the individual; Buddhist concept of ignorance), we Rights in 1948 - an unprecedented respectin- for privacy; government have joined the list of endangered ternational effort has been made to for,in- by, and of the people; and due species. scribe not only on paper but on hu-process of law. We have been so Human rights discourse may be man conscience the bold vision of a seasoned in the Enlightenment men- conceived as the contemporary new world order rooted in respect for tality that we assume the reasonable- embodiment of the Enlightenment human dignity as the central value for ness of its general spiritual thrust. We spirit. While it does not directly ad- political action. find the values it embodies dress the question of human survival, self-evident. it specifies the minimum requirements The Enlightenment's Effect However, we must be acutely and basic conditions for human In an historical and comparative aware of the destructive power flourishing. of the It is a powerful, if not the cultural perspective, this vision Enlightenment mentality, as well. most As persuasive, universal moral the Western nations assumed the discourse role in the international arena. This article is based on an expanded version of innovators, executors, and judges It may veryof well be the most effective, of Professor Tu's "Epilogue" in the international rules of the game mid Human Rights, edited by William T. if not the only, "instrument" by which Bary and Tu Weiming (Columbia University defined in terms of competition states' forordinary standards of behavior Press, 1998). wealth and power, the stage canwas be set judged by outsiders without

TU WEIMING is Professor of Chinese History and Philosophy at .

[m] HARVARD INTERNATIONAL REVIEW • Summer 1998

This content downloaded from 115.27.201.28 on Thu, 09 May 2019 07:56:38 UTC All use subject to https://about.jstor.org/terms infringing the prerogatives of versal Declaration of Human Rights velopment, and concrete political situ- sovereignty. reflects both the pragmatic idealism ation, they cannot be universally ap- and optimistic aspirations of the preciated as values and aspirations for The Evolving Discourse post- World War II mentality at its the global community. However, this The universality of human rights most generous and future-oriented does not call into question the under- broadly conceived in the 1948 Decla- moment. It may not be farfetched to lying assumptions of Confucian "core ration is a source of inspiration for the characterize it as a manifestation of the values": the perception of the person human community. The moral and American spirit in its most as a center of relationships rather than legal imperative that any civilized state broad-minded internationalist incar- simply as an isolated individual, the treat its citizens in accordance with the nation. All three generations of human idea of society as a community of trust political rights guaranteed by its own rights as an evolving moral discourse rather than merely a system of constitution is still a compelling argu- are accounted for: (1) political rights, adversarial relationships, and the be- ment. The desirability of democracy (2) economic, social and cultural lief that human beings are duty-bound as providing to this day the most ef- rights, and (3) group rights. Implicit to respect their family, society, and fective framework in which human in such a document is the idea of a nation. Indeed, these values are not rights are safeguarded seems good society, the value of a humane only compatible with the implemen- self-evident. However, human rights form of life for all members of the tation of human rights; they can, in a movement as a dynamic process rather human community, and the ethic of sophisticated way, enhance the univer- than a static structure requires that the responsibility of all "civilized" govern- sal appeal of human rights. The pos- human rights discourse be dialogical, ments to work toward a common goal sible contribution of an in-depth dis- communicative and, hopefully, mutu- of universal peace. With this back- cussion on Asian values to a sophisti- ally beneficial. ground understanding in mind, al- cated cultural appreciation of the hu- The gradual evolution of the hu- though the situation in the 1990s pre- man rights discourse must be fully ex- man rights agenda in the United States sents new challenges unanticipated plored. illustrates the dynamism of the pro- and perhaps unimaginable nearly 50 Actually there is virtual consen- cess. While the framers of the US years ago, it also affirms the prescient sus that since respect for rights and Constitution were profoundly serious goodwill of the original drafters of this exercise of responsibility are evidence about political rights, they were not unprecedented historical document. of human dignity, individual rights and particularly concerned about either The recognition of interdepen- responsibility are inseparable in all civil or economic rights. It was not dence between democracy, develop- domains of human flourishing: until the late nineteenth century that ment, and human rights led to the co- self-cultivation, regulation of family, socialists, indeed communist thinkers, operation of international organiza- order in society, governance of state, addressed the maldistribution of tions and national agencies in broad- peace throughout the world, and har- wealth and income, the concentration ening the concept of human rights to mony with nature. In any concrete of capital, and the exploitation of la- include the right to develop- experience of human encounter, rights bor as central political issues. It was ment. While this confluence of social and responsibility form an interactive in the late 1960s that the civil rights and economic concerns may have un- mutual relationship signifying a nec- movement made substantial progress dermined the effectiveness of some essary continuum for human in solving the problem of racism in the national and international instru- well-being. The danger of using Con- United States, which to this day re- ments focusing on well-defined po- fucian values as a cover for authori- mains a serious threat to the vitality litical rights, it has engendered new tarian practices notwithstanding, the of the American body politic. This mechanisms for the promotion of hu- authentic possibility of dialogue, com- clearly indicates that a sophisticated man rights. munication, and mutually beneficial understanding of human rights as an exchange must be fully explored. The evolving enterprise in the West itself The Confucian Challenge perceived Confucian preference for requires historical consciousness, geo- This renewed awareness of the duty, harmony, consensus, network, political analysis and, most of all, self- ecumenical character of the original ritual, trust, and sympathy need not reflexivity. UN Declaration serves as a critique be a threat to rights-consciousness at Seen from comparative cultural of the claim that since human rights all. and trans-generational perspectives, are understood variously according to The critique of acquisitive indi- the inclusive agenda of the UN Uni- culture, history, stage of economic de- vidualism, vicious competitiveness,

Summer 1998 • HARVARD INTERNATIONAL REVIEW H

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pernicious relativism, and excessiveFamily, which plays so crucial a must help others to establish them- litigiousness helps us to understandrole in political order, is not absent in selves; in order to enlarge ourselves, that Enlightenment values the do major not classics nec- in Western political we must help others to enlarge them- essarily cohere into an thought.integrated Still, as Professor Joshua selves." An inclusive sense of commu- guide for action. The conflict Cohen ofbetween the Massachusetts Institute nity based on the communal critical liberty and equality and ofthe Technology lack notes, of the main thrust self-consciousness of the reflective concern for community have of the signifi-political theories from Aristotle minds is an ethico-religious goal as cantly undermined the to persuasive Hegel is to make a clear distinction well as a philosophical ideal. The cen- power of human rights based between exclu-the affective and ethical trality of the family as politically sig- sively on the self-interests bonds of operativeisolated in the family on the nificant and self-cultivation as a pub- individuals. Confucian values one handas richly and politics on the other. By lic good rather than a private concern textured ideas of human flourishing sharply contrasting can political obliga- must be recognized. serve as a source of inspiration tions from , they perceive a for representing human rights major rupture as the between familial and Spiritual Resources common language of humanity. political relation. The Understandably, The mobilization of three kinds challenge is how we can fruitfully they do not seein- the relevance of ethi- of spiritual resources is necessary to troduce a Confucian perspective cal behavior on inthe the privacy of the fam- ensure that this simple vision be evolving human rights discourse ily to the with- moral obligations of the pub- grounded in the historicity of the cul- out diffusing the focused energy lic domain. of It the seems curious that the tural complexes informing our way of national and international instrumentsfamily is absent in the definition that life today. that have been promoting man politicalis a political animal. The first kind involves the rights with telling effectiveness The in unintended some negative conse- ethico-religious traditions of the mod- selected areas of the world. quences of this inattention to the rel- ern West, notably Greek philosophy, In the long-term, the best evance strat- of family to politics are grave. Judaism, and Christianity. The very egy is to cultivate a communal The incongruence critical between what we do fact that they have been instrumental self-awareness that instruments as a responsible for and responsive mem- in giving birth to the Enlightenment promoting human rights, ber while of the family uni- and as a rights-bearing mentality makes a compelling case versally connected, are and self-interestedfirmly political animal is a that they reexamine their relationships grounded in indigenous Asian case in point.condi- Our willingness to toler- to the rise of the modern West in or- tions, as well. Through intercultural ate preposterous inequality, faith in the der to create the new public sphere dialogue, face-to-face communication salvific power of greedy self-interest, for the transvaluation and mutually beneficial andexchange, the unbridled affirmation of aggres- of typical Western values. The exclu- a truly ecumenical conceptualization sive egoism have gready poisoned the sive dichotomy of matter/spirit, body/ of human rights can overcome good well of the progress, reason, and in- mind, sacred/profane, man/nature, or narrowly defined instrumental dividualism. even creator/creature, must be tran- rationality, intellectual naivete, The need and to express a universal scended to allow supreme values such self-imposed parochialism ethic character- for the formation of a global vil- as the sanctity of the earth, the conti- istic of the current state oflage affairs and to articulate in a possible link nuity of being, the beneficiary inter- North America. The time between is ripe the forfragmented world we ex- action between the human commu- a comparative civilizational perience discourse in our ordinary daily exist- nity, and nature, and the mutuality on human rights: not only ence anda moral the imagined community for between humankind and heaven to basis for the new discourse the on human world species as a whole is deeply receive the saliency they deserve in order, but a spiritual joint felt byventure an increasing number of con- both philosophy and ideology. for human coexistence and mutual cerned intellectuals. This requires at The second kind of spiritual re- flourishing. the minimum the replacement of the sources are derived from non-Western principle of self-interest, no matter historical civilizations, which include Community and Family how broadly defined, with the Con- Hinduism, Jainism, Sikhism, and Bud- A key to the success of this fucian golden rule: "Do not do to oth- dhism in South and Southeast Asia; spiritual joint venture is to recognize ers what we would not want others to Confucianism and in East the apparent absence of the idea of do to us." Since the new golden rule Asia; and Islam. These ethico- community and family, let alone is stated in the negative, it will have to religious traditions provide very so- the global community, in the be augmented by a positive principle: phisticated and practicable resources Enlightenment project. "In order to establish ourselves, we in world views, rituals, institutions,

[46] HARVARD INTERNATIONAL R E V I E W • Summer 1998 Photo by Archive Photos

This content downloaded from 115.27.201.28 on Thu, 09 May 2019 07:56:38 UTC All use subject to https://about.jstor.org/terms styles of education, and patterns ofConfucian human relatedness. Moreover, they principles are can help to develop new ways of un- not inconsistent derstanding the world and styles of life, both as continuations of and withas modern alternatives to the Western European notions of and North American exemplification of the Enlightenment mentality. human rights. Industrial East Asia, under the influence of Confucian culture among other indigenous traditions, already has developed a less adversarial, less individualistic, and less self-interested modern civilization. The coexistence of a market economy with government leadership, of a democratic polity with meritocracy, and of individual initia- tives with group orientation has made this region economically and politi- cally the most dynamic area of the world since the Second World War. It is too facile to generalize that the Islamic, Buddhist, Jain, and Hindu can all become contributory fac- tors in the development of the spirit of capitalism. Still, the Confucian ex- ample suggests that, given the right combination of economic, political, so- cial, and cultural forces, intertwined with, if not generated by, the ethico-religious traditions of a specific area, all of these non- Western forces Nor should we undermine the prom- say that we are beginning to develop can become congenial to modernization ise of an alternative and yet more ap- a fourth kind of spiritual resource from (marked by market economies, demo- pealing form of modern civilization. the core of the Enlightenment project cratic polities, and individualism). The third kind of spiritual re- itself: our disciplined reflection, a Stricdy speaking, these traditions will sources involve the "primal" or the communal rather than an isolated in- persist in the modernizing process and indigenous traditions, such as Native dividual act, is a first step towards a shape modernity in a variety of forms. American, Hawaiian, Maori, - new kind of thinking envisioned by The caveat, of course, is that hav- ese, and numerous other nativistic religious leaders and ethical teachers. ing been humiliated and frustrated by tribal traditions. They have demon- The feminist critique of tradition (es- the imperialist and colonial domina- strated with physical strength and aes- pecially the broadly conceived and yet, tion of the modern West for more thetic elegance that a sustainable hu- at the same time, historically and cul- than a century, the rise of industrial man form of life has been possible turally grounded humanistic femi- East Asia symbolizes the instrumen- since the Neolithic age. Their style of nism), the environmental concerns tal rationality of the Enlightenment human flourishing is not a figment of (notably the spiritually informed heritage with a vengeance. Indeed, the the mind but an experienced reality project of deep ecology), the persua- mentality of Japan and the Four in our modern age. sion of religious pluralism, and the Mini-Dragons is today characterized A critique of the Enlightenment various forms of communitarian eth- by mercantilism, commercialism, and mentality and its derivative modern ics (Aristotelian, Thomist, Hasidic, or international competitiveness. Surely mindset from primal consciousness as republican) are obvious examples of the possibility of their developing interpreteda by the concerned and re- this new awareness. The need to go more humane and sustainable com- flective citizens of the world is already beyond the Enlightenment mentality munity should not be exaggerated. underway. It may not be immodest to without either deconstructing or

Summer 1998 » HARVARD INTERNATIONAL REVIEW [«]

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abandoning its commitment one of us isto fated ratio- to be a unique per- personal identity, an open and cre- nality, liberty, equality, son human embedded rights, in a particular condi- atively transforming selfhood which, and distributive justice requirestion. By definition, a thor- we are unique par- paradoxically, must be predicated on ough reexamination of ticular modernity human beings, butas at the same our ability to overcome selfishness and a layered concept and timemodernization each, and every one of us has the egoism. We cherish family cohesive- as a complex process. intrinsic possibility for self-cultivation, ness. In order to do that, we have to self-development, and self-realization. go beyond nepotism. We embrace The Confucian Way Our freedom, embodied in our re- communal solidarity, but we have to Asian intellectuals have been de- sponsibility for ourselves as center of go beyond parochialism to realize fully voted students of Western learning for relationships, creates our worth. That its true value. We can be enriched by more than a century. Now that Asian alone deserves and demands respect. social integration, provided that we intellectuals are well informed by the The Confucian way for human overcome ethnocentrism and chauvin- Enlightenment project of the West survival and human flourishing, then, istic culturalism. We are committed to without losing sight of their own in- is predicated on the two basic ethical national unity, but we ought to tran- digenous resources, the time seems principles already mentioned: "do not scend aggressive nationalism so that ripe for European and American in- do unto others what we would not want we can be genuinely patriotic. We are tellectuals in academia, government, others to do unto us." This is a prin- inspired by human flourishing but we business and the mass media to appre- ciple of considerateness, a principle of must endeavor not to be confined by ciate what Confucian humanism, reciprocity. The reason that it is stated anthropocentrism; the full meaning of among other rich spiritual resources in the negative is based on the belief humanity is anthropocosmic rather in Asia, has to offer toward the culti- that what is best for me may not be best than anthropocentric. Indeed, it is in vation of a global ethic. On this view, for my neighbor. This, on the surface, the anthropocosmic spirit that we find the human rights advocacy need not seems to violate the basic requirement communication between self and be a thinly disguised modern West- of universality in ethical thinking. community, harmony between human ern hegemonic discourse. The second principle is species and nature, and mutuality be- The Confucian way is a way of duty-consciousness; it is a manifesta- tween humanity and Heaven. This learning, learning to be human. Learn- tion of the ethic of responsibility: "In integrated comprehensive vision of ing to be human in the Confucian spirit order to establish ourselves, We must learning to be human is the core of is to engage oneself in a ceaseless, un- help others to establish themselves; in Confucian humanist concerns. ending process of creative self-transfor- order to enlarge ourselves, we must mation, both as a communal act and as help others to enlarge themselves." The Discourse on Human Rights a dialogical response to Heaven. For This is not simply altruism; it is not Confucians ask fundamental Confucians, the mutuality between self that because I have a great deal of sur- questions. Should we understand the and community, harmony between hu- plus energy or extra resources avail- self as an isolated individual or as a man species and nature, and continu- able, I might as well share with oth- center of relationships? Should we ous communication with Heaven are ers. Rather, as I am a center of rela- approach our society as a community defining characteristics and supreme tionships, my own human flourishing based upon trust or simply the result values in the human project. necessitates that I involve myself, in of contractual arrangements of con- Since Confucians take the con- the spirit of empathy, to be sure, in flicting forces? As we begin to appre- crete living human being here and the affairs of others. The word "help," ciate that we are so much embedded now as their point of departure in the added in the English translation, di- in our linguistic universe, not to men- development of their philosophical rects toward not only the others but tion our historicity, that we cannot anthropology, they recognize the ourselves, as well, for, in the literal escape a defacto parochialism, no mat- embeddedness and rootedness of the sense, the Chinese text simply notes ter how open-minded we intend to be human condition. Therefore, the pro- "desiring to establish ourselves (my- and how liberated we think we are, we found significance of what we call pri- self), we (I) establish others." must respect alternative intelligence mordial ties - ethnicity, gender, lan- We can actually envision the Con- and radical otherness. guage, land, class, and basic spiritual fucian perception of human East Asian intellectuals are ear- orientation - intrinsic in the Confu- self-development, based upon the dig- nestly engaged in probing the Confu- cian project is a celebration of cultural nity of the person, in terms of a series cian traditions as spiritual resources diversity. This is not to be confused of concentric circles: self, family, com- for economic development, nation with any form of pernicious relativ- munity, society, nation, world, and building, social stability, and cultural ism. There is a recognition that each cosmos. We begin with a quest for true identity. While they cherish the hope

[W] HARVARD INTERNATIONAL R E V I E W • Summer 1998

This content downloaded from 115.27.201.28 on Thu, 09 May 2019 07:56:38 UTC All use subject to https://about.jstor.org/terms that their appreciation of their own are harsh realities in practical living. fulfill their responsibility of caring for cultural values will provide ethical The enhancement of liberty, eco- the good of society. The basic human moorings as they try to locate their nomic efficiency, development, indi- rights can, therefore, flow from po- niche in the turbulent currents of the vidual interests, and rights are highly litical leadership. Rights understood modern world, they remain active par- desirable, but to pursue these values in this way are not derived from "as- ticipants in the Enlightenment exclusively at the expense of equality, cribed roles in a social hierarchy jus- project. The revived Confucian val- social justice, stability, the public good, tified by religious or aristocratic val- ues are no longer fundamentalist rep- and duty is ill-advised. ues." Nor, strictly speaking, are they resentation of nativistic ideas; they are, As the supposed exemplifications derived from "duties and obligations by and large, transvaluated traditional of modernity - North America and owed to society." It is in the dignity values compatible with and commen- Western Europe - continue to show and worth of the self as a center of surate to the main thrust of modern ignorance of the cultures of the rest relationships that the justification for ideology defined in term of Enlight- of the world and insouciance toward rights is located. enment ideas. Actually, since East the peoples who do not speak their East Asian Confucian ethics must Asian intellectuals have been devoted languages, East Asia cannot but creatively transform itself in light of students of the modern West for sev- choose its own way. It is in this sense Enlightenment values before it can eral generations, the Enlightenment that a Confucian perspective on hu- serve as effective critique of the exces- values, including human rights, have man rights is worth exploring. sive individualism, pernicious com- become an integral part of their own Confucian humanism offers an petitiveness and vicious litigiousness cultural heritage. account of the reasons for supporting of the modern West. Yet those of us The critical issue, then, is not tra- basic human rights that does not de- who are blessed with the political ditional Confucian values versus mod- pend on a liberal conception of per- rights in the first world must recog- ern Western values, but how East sons, and that operates from within an nize that, in a comparatively cultural Asian intellectuals can be enriched and ethical outlook dominated by notions perspective, our style of life, corrupted

Since East Asian intellectuals have been devoted students of the modern

West for several generations, the Enlightenment values, including human rights, have become an integral part of their own cultural heritage. empowered by their own cultural of persons as embedded in social rela- by excessive individualism, pernicious roots in their critical response to the tions and subject to the obligations as- competitiveness and vicious litigious- already partially domesticated En- sociated with those relationships - it is, ness, is not only endangering the lightenment heritage. The full devel- therefore, an account that responds to well-being of others but also detri- opment of human rights requires their the concern about sectarianism. mental to our own wholesomeness. ability to transform creatively the En- Furthermore, Confucians believe Our willingness to learn from signifi- lightenment mentality of the modern that, as bearers of obligations, we can cantly different conceptualizations of West into a thoroughly digested cul- demand proper treatment as condi- the rights discourse and to respond tural tradition of their own. This, in tions for fulfilling the obligations we openly and responsibly to criticisms turn, is predicated on their capacity are assumed to have. Similarly, as our of deficiency in our own human rights to creatively mobilize indigenous so- human worth is predicated on our records must serve as a precondition cial capital and cultural asset for the ability to fulfill responsibilities, we can for our determination to share our task. They must be willing to confront demand of others - as a condition of experience with the rest of the world difficult and threatening challenges, acknowledging that worth - that they and to make sure that human rights identify complex real options, and assure the conditions required for ful- violations are clearly noted and prop- make painful, practicable decisions. filling our responsibilities. If we be- erly corrected by the instruments at The conflicts between liberty and come more powerful and influential, our disposal. An inquiry on global eth- equality, economic efficiency and so- we are more obligated, responsible, ics, with this attitude in mind, is rel- cial justice, development and stability, and duty-bound to assure the evant to and crucial for human rights individual interests and the public well-being of others. As a corollary, discourse on the international scene good, not to mention rights and duty, we can demand that those in power toward the next century. [Jļ

Sum mer /998 * HARVARD INTERNATIONAL REVIEW @

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