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a in Confucius and Mencius, which led me to revise the paper. I hope Prof. Cheng will agree for the better. I have also benefitted from comments by participants at the meeting thanks especially to Deborah Achtenberg, Xunwu Chen, Lik Kuen Tong. I am particularly grateful for Prof. Kwong-loi Shun for taking the time to read the early version presented at APA; his comments and critique have helped me to realize that the part on the relation between Confucian justice and self was not satisfactory. I do not include that part in this version of the paper. I am indebted
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a in Confucius and Mencius, which led me to revise the paper. I hope Prof. Cheng will agree for the better. I have also benefitted from comments by participants at the meeting thanks especially to Deborah Achtenberg, Xunwu Chen, Lik Kuen Tong. I am particularly grateful for Prof. Kwong-loi Shun for taking the time to read the early version presented at APA; his comments and critique have helped me to realize that the part on the relation between Confucian justice and self was not satisfactory. I do not include that part in this version of the paper. I am indebted to Prof. Richard Bernstein for teaching me the importance and, perhaps, more importantly, the elusiveness, of phronesis as sensibility to the particular, in a seminar on Gadamer's hermeneutics. I am also grateful to Ann Dobbs for a conversation with her on Pascal's view on the impossibility of justice, which inspired me to further revise the paper. Thanks, finally, to D. D Sun, without whose support, advice, and sense of justice I would not have finished this paper
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Aristotelian resources for feminist thinking
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New York: Routledge
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b Confucius meant male officials and gentlemen. However, like Aristotle's views of justice, Confucian views of justice can still be useful today. Therefore, I also often try to include women in my translations by using terms like "person"; it is not designed to cover up Confucians' injustice to women. Deborah Achtenberg has convincingly argued that feminist ethics can find resources in Aristotle, who is, as she puts it, "a paradigmatically sexist thinker," see her "Aristotelian resources for feminist thinking," in Feminism and Ancient Philosophy, ed. Julie K. Ward (New York: Routledge, 1996) pp. 95-117. Similar arguments can be made with regard to Confucianism and feminist thinking. It is doing justice to Confucianism if we are sensitive to its potential uses and possible developments.
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(1996)
Feminism and Ancient Philosophy
, pp. 95-117
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Ward, J.K.1
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d (Beijing: Chung-hua shu-chü, 1980)
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d (Beijing: Chung-hua shu-chü, 1980).
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d (Beijing: Chung-hua shu-chü, 1984)
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For example, (2B: 3) means Book 2 Passage 3. I have consulted English translations by D. C. Lau, James Legge. Since the references from the Analects and the Mencius have different forms, the former having the form (7. 3) the latter (2B:3), I will not indicate the Analects or the Mencius each time
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For example, (2B: 3) means "Book 2 Passage 3. " I have consulted English translations by D. C. Lau, James Legge. Since the references from the Analects and the Mencius have different forms, the former having the form (7. 3) the latter (2B:3), I will not indicate the Analects or the Mencius each time.
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In this paper I shall only focus on the primary texts, the Analects and the Mencius
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In this paper I shall only focus on the primary texts, the Analects and the Mencius.
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We find chengj and yia in the Analects and the Mencius, but not chengyif, Hsün Tzui is probably the first one who put the two characters together, for example, in chapter 13 On the way of Ministers, Hsün Tzui says, A tradition expresses my point: 'One should follow the Way and not follow the lord, Thus, if ministers who are upright and just (cheng-yii, are given positions, then partiality will not characterize the court. Hsün-tzui 13/19-20
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i (13/19-20).
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Stanford: Stanford University Press
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All references are to chapter and line number in the HY ed. I use John Knoblock's three volume translation, Xunzi: A Translation and Study of the Complete Works, vol. II (Stanford: Stanford University Press, 1990), p. 200.
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(1990)
Xunzi: A Translation and Study of the Complete Works
, vol.2
, pp. 200
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Knoblock, J.1
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9
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34249848664
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The Idea of Social justice in Ancient China
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Westport': Greenwood Press
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"The Idea of Social justice in Ancient China," in Social justice in the Ancient World, ed. KD. Irani and Morris Silver (Westport': Greenwood Press, 1995), p. 125.
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(1995)
Social Justice in the Ancient World
, pp. 125
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Irani, K.D.1
Silver, M.2
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10
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34249854278
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Confucian Justice: Achieving a Humane Society
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March
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'Confucian Justice: Achieving a Humane Society," International Philosophical Quarterly, Vol. XXX, No. 1, March 1990, p. 17
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(1990)
International Philosophical Quarterly
, vol.30
, Issue.1
, pp. 17
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a consistently as justice, see Heiner Roetz
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Albany: State University of New York Press
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a consistently as justice, see Heiner Roetz, Confucian Ethics of the Axial Age (Albany: State University of New York Press, 1993).
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(1993)
Confucian Ethics of the Axial Age
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However1
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13
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Stanford: Stanford University Press
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a as justice or social justice. The first volume was published in 1988 see Xunzi: A Translation and Study of the Complete Works, vol. 1 (Stanford: Stanford University Press, 1988).
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(1988)
Xunzi: A Translation and Study of the Complete Works
, vol.1
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As Amartya Sen puts it, "it is not even clear to me that Confucius is entirely more authoritarian than Plato or St. Augustine. It is true, of course, that many- though not all- of the exponents of justice or tolerance or freedom in Asian classical literature tended to restrict the domain of concern to some people, excluding others, but that is also true of the ancient West. Aristotle's exclusion of women and slaves does not make his works on freedom and justice irrelevant to the present-day world We have to see the origin and exposition of ideas in terms of their factored components. " ("Humanity and Citizenship" in For Love of Country: Debating the Limits of Patriotism, ed. Joshua Cohen (Boston: Beacon Press, 1996), p. 118).
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(1996)
Humanity and Citizenship in for Love of Country: Debating the Limits of Patriotism
, pp. 118
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Cohen, J.1
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The sentence today's China can be called a Confucian country is a controversial statement I am not making that statement here; what I am making here is a different, conditional one: Given that doday's China can be called a Confucian country
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The sentence "today's China can be called a Confucian country" is a controversial statement I am not making that statement here; what I am making here is a different, conditional one: Given that doday's China can be called a Confucian country.
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This fact is often overlooked or underestimated by Westerners. Here I shall only mentioned two examples, one being extremely well-known and one being unknown (especially to outsiders, Let me start with the latter. Since 1988 there has been a rights-based law movement in mainland China. It started with a debate on What is the basis of law: rights or duty, at the First National Conference on Basic Legal Categories held in June 1988. Since then and even after 1989, there have been many articles focusing on the issue published in magazines and newspapers. The movement criticizes China's state-based duty-based conception of law and its tendency to one-sidedly emphasize duty. One of the major spokespersons of the movement says that individual rights are the basis and goal of the existence of other rights and that only a government that takes citizens' rights seriously can have people's trust, respect, and obedi
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This fact is often overlooked or underestimated by Westerners. Here I shall only mentioned two examples, one being extremely well-known and one being unknown (especially to outsiders). Let me start with the latter. Since 1988 there has been a "rights-based law movement" in mainland China. It started with a debate on "What is the basis of law: rights or duty? " at the First National Conference on Basic Legal Categories held in June 1988. Since then (and even after 1989), there have been many articles focusing on the issue published in magazines and newspapers. The movement criticizes China's "state-based" "duty-based" conception of law and its tendency to "one-sidedly emphasize duty. " One of the major spokespersons of the movement says that "individual rights are the basis and goal of the existence of other rights" and that "only a government that takes citizens' rights seriously can have people's trust, respect, and obedience to the law. Only a rights-based theory of law can satisfy this need. " This movement is not just an intellectual movement. It is a reflection of the change of Contemporary political-legal culture and popular culture in today's China. It also prepared the atmosphere for the 1989 Pro-democratic movement, which is, of course, a much well-known example.
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Rawls's Theory of Civil Disobedience and its Chinese version
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Beijing: Zhong-guo-she-hui-kexue Publish House
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k (China Philosophical Review), vol. 1, no. 1, (Beijing: Zhong-guo-she-hui-kexue Publish House, 1993). (This journal is the first independent philosophy journal in China since 1949. )
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(1993)
Zhe-xue Ping-lunk China Philosophical Review
, vol.1
, Issue.1
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On the translation of 'civil disobedience': A reply to Xiao Yang's critique
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i , This journal is published in Hong Kong but is also distributed in mainland China
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i (China Book Review), No. 2, 1994. This journal is published in Hong Kong but is also distributed in mainland China.
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(1994)
China Book Review
, Issue.2
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He, H.1
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Prof. Agnes Heller's seminar on Hegel's Philosophy of Right at the New School for Social Research
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I have given a more detailed argument for this claim in "Hegel's theory of the state and civil disobedience," a paper presented in Prof. Agnes Heller's seminar on Hegel's Philosophy of Right at the New School for Social Research in 1994. The basic idea is that, since the modern liberal conception of justice, and that of citizenship, have become historically possible, and even actual in Hegel's sense, in today's China, civil disobedience can thus be justified.
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(1994)
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Berkeley: University of California Press
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See his Shame and Necessity. (Berkeley: University of California Press, 1993); see, for example, p. 166.
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Shame and Necessity
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Cambridge: Harvard University Press
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Ethics and the Limits of Philosophy, (Cambridge: Harvard University Press, 1985), p. 165.
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(1985)
Ethics and the Limits of Philosophy
, pp. 165
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0040860941
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The Truth in relativism
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Cambridge: Cambridge University Press
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Also see his easy 'The Truth in relativism" in Moral Luck, (Cambridge: Cambridge University Press, 1981), pp. 132-143.
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(1981)
Moral Luck
, pp. 132-143
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Cambrdige: Harvard University Press
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These words are Ronald Dworkin's, Law's Empire, (Cambrdige: Harvard University Press, 1986), p. 70. He also gives a more articulated account of the distinction, see especially pp. 46-53, 70-76.
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(1986)
Law's Empire
, pp. 70
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Dworkin, R.1
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A Theory of Justice, (Cambridge: Harvard University Press, 1971), p. 5.
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(1971)
A Theory of Justice
, pp. 5
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Justice and Happiness in the Republic
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ed. Gregory Vlastos Notre Dame: University of Notre Dame Press
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Gregory Vlastos, "Justice and Happiness in the Republic", Plato: A Collection of Critical Essays, vol. II, ed. Gregory Vlastos (Notre Dame: University of Notre Dame Press, 1978), p. 66.
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(1978)
Plato: A Collection of Critical Essays
, vol.2
, pp. 66
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Vlastos, G.1
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paperback, New York: Columbia University Press
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Political Liberalism, paperback, (New York: Columbia University Press, 1996). p. 14, n. 15.
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(1996)
Political Liberalism
, Issue.15
, pp. 14
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I intentionally include a wife, so this formulation cf the concept of justice will be broad enough to be also shared by a sexist conception of justice; (6B:1) in the Mencius
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I intentionally include "a wife," so this formulation cf the concept of justice will be broad enough to be also shared by a sexist conception of justice; see (6B:1) in the Mencius
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Cases do not have to be limited to human beings, so I add situations to make the concept a really broad one
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"Cases" do not have to be limited to "human beings", so I add "situations" to make the concept a really broad one.
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Oxford. Oxford University Press
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The Concept of Law, (Oxford. Oxford University Press, 1961), p. 155.
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(1961)
The Concept of Law
, pp. 155
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° Taipei: T'ai-wan shang-wu yin-shu-kuan
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Meng-tzu tai-chieh-lu° (Taipei: T'ai-wan shang-wu yin-shu-kuan, 1980), pp. 47-68.
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(1980)
Meng-tzu Tai-chieh-lu
, pp. 47-68
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For those who believe in the last option, this classification very likely would remind them of a passage in Jorge Luis Borges, which later has become well-known since Michel Foucault started his book The Order of Things with this passage and claimed that his book first arose out of it. This passage quotes a certain Chinese encyclopedia in which it is written that animals are classified into: a) belonging to the Emperor, b) embalmed, c) tame, d) sucking pigs, e) sirens, f) fabulous, g) stray dogs, h) included in the present classification, i) frenzied, j) innumerable, k) drawn with a very fine camelhair brush, l) et cetera, m) having just broken the water pitcher, n that from a long way off look like flies. Like other things about China Borges describes in his short stories, this one is also his invention. Foucault wants to use this exotic invention of classic China for purposes that have to do with challenging Western classifications. This raises complicated
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For those who believe in the last option, this classification very likely would remind them of a passage in Jorge Luis Borges, which later has become well-known since Michel Foucault started his book The Order of Things with this passage and claimed that his book first arose out of it. This passage quotes a certain Chinese encyclopedia in which it is written that animals are classified into: a) belonging to the Emperor, b) embalmed, c) tame, d) sucking pigs, e) sirens, f) fabulous, g) stray dogs, h) included in the present classification, i) frenzied, j) innumerable, k) drawn with a very fine camelhair brush, l) et cetera, m) having just broken the water pitcher, n) that from a long way off look like flies. Like other things about China Borges "describes" in his short stories, this one is also his invention. Foucault wants to use this exotic invention of classic China for purposes that have to do with challenging Western classifications. This raises complicated issues, such as, whether it is doing justice to classic China when the invention in its name is being used as means for ends other than furthering better and more balanced understandings of classic China. But I can t go into these issues here.
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a as being just to the particular. It is almost impossible to hold these two uses together. I shall try to show how Mencius does it elsewhere.
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(1997)
Kwong-loi Shun, Mencius and Early Chinese Thought
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Except in 3B:4 and 4. 5, where Mencius and Confucius do not use yia but taop instead. What they ask is: Is it in accordance with taop (the way or principle) to take g? However, taop and yia are tightly related and probably refer to the same thing. In 7. 16 and 4. 5, Confucius uses yia and taop in a similar way: each (yta in 7. 16 and taop in 4. 5) is said to be a principle according to which one determines whether one should take or gain wealth and rank. More importantly, for Mencius and Confucius, the metaphor for yia is always taop (the way or path) 5A:7, 4A. 10, 6A:11, 7A:33, 4B:2. In fact, with regard to Mencius's saying in 4B:2, The great man] walks in the great taop of the world, Chu Hsiq makes the follo
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a. "
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On yia as a universal principle of specific application in Confucian morality
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Albany: State University of New York Press
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a as a universal principle of specific application in Confucian morality," in his New Dimensions of Confucianism and Neo-Confucian Philosophy, Albany: State University of New York Press, 1991, pp. 233-45)
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(1991)
New Dimensions of Confucianism and Neo-Confucian Philosophy
, pp. 233-245
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a"at all; their reason is the following: "More often than not, this entails the assumption, tacit or explicit, that such principles are transcendently grounded" (p. 101). But, as the phrase "more often than not" also indicates, to use the term "principle" does not necessarily entail the assumption, just like the term "justice" does not necessarily entail the conception of equal rights.
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(1987)
Thinking Through Confucius
, pp. 101-102
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Ames, R.T.2
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a, also next note
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a, also see my next note.
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Here I do not have space to show that it also satisfies another version of (Y, i. e, Y) which is formulated in terms of leim (see my section III above, In fact, it is not difficult to show that this is the case. In 3B:10 and 5B 4, Mencius himself speaks of yia in terms of leim. The way to understand these passages is that we must take seriously the fact that the debate recorded in these passages is a debate between Mencius and Mohists and that they use the logical term leim in the way it is used in Mohist logical texts, which is available to us. This is crucial, because Mencius does not leave us any logical text, although he appears to be very good at it. It seems that leim is a logical term commonly used by Mohists, Mencius and other earlier thinkers e. g, Hsün Tzui, This paper is part of a larger project which will show that the Mencius as a whole can be better
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a is used in the way sketched here in other early Chinese texts.
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Justice and Interpretation: A Wittgensteinian critique of Derrida's Force of Law', which was presented in Prof. Albrecht Wellmer and Prof. Ruth Sonderegger's seminar Toward a critique of Hermeneutic reason at the New School for Social Research in 1995
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Derrida seems to be endorsing such a general view, for a critique of it, see my paper "Justice and Interpretation: A Wittgensteinian critique of Derrida's Force of Law'", which was presented in Prof. Albrecht Wellmer and Prof. Ruth Sonderegger's seminar "Toward a critique of Hermeneutic reason" at the New School for Social Research in 1995. Derrida's essay was first published in Cardozo Law Review, vol. 11, 1990. It was reprinted in Deconstruction and the Possibility of Justice, ed. Drucilla Cornell, Michel Rosenfeld and David Gray Carlson (New York Routledge, 1992).
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(1990)
Derrida's Essay Was First Published in Cardozo Law Review
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Some of the important papers on the issue can be found in Rationality and Relativism, ed. Martin Hollis and Steven Lukes (Oxford: Blackwell, 1982). There are also quite a few books on the issue the literature is massive
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Some of the important papers on the issue can be found in Rationality and Relativism, ed. Martin Hollis and Steven Lukes (Oxford: Blackwell, 1982). There are also quite a few books on the issue the literature is massive.
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I owe this point to Prof. Richard Bernstein. I am also grateful to him for encouraging me to explore the issue in Confucian ethics. As he pointed out to me in an unforgettable conversation, the debate about relativism has to move to the particular level; and, furthermore, every move is predictable or has already been made at the abstract level
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I owe this point to Prof. Richard Bernstein. I am also grateful to him for encouraging me to explore the issue in Confucian ethics. As he pointed out to me in an unforgettable conversation, the debate about relativism has to move to the particular level; and, furthermore, every move is predictable or has already been made at the abstract level.
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However, I am also aware that these claims are still abstract. The slogan Do justice to the particular, like all the other slogans such as Putting immediately into practice what one has learned, is just another general, abstract and empty rule. The slogan can push people to the opposite of what it says. It can negates itself and be carried to extreme, that is, an abstract relativism, which, for example, may claim that Chinese culture, as a particular, is totally different from Western culture and cannot be characterized by any Western categories. What David Nivison says about the virtue of moderation or the mean also applies to the virtue of justice or sensibility to the particular, It would seem that if we give the notion of the mean any positive content, we can imagine a situation in which it negates itself, at a higher (or lower) level: even moderation can be carried to extremes, Replies and Comme
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However, I am also aware that these claims are still abstract. The slogan "Do justice to the particular," like all the other slogans such as "Putting immediately into practice what one has learned," is just another general, abstract and empty rule. The slogan can push people to the opposite of what it says. It can negates itself and be carried to extreme- that is, an abstract relativism, which, for example, may claim that Chinese culture, as a particular, is totally different from Western culture and cannot be characterized by any Western categories. What David Nivison says about the virtue of "moderation" or the "mean" also applies to the virtue of "justice" or "sensibility to the particular". 'It would seem that if we give the notion of the mean any positive content, we can imagine a situation in which it negates itself, at a higher (or lower) level: even moderation can be carried to extremes. " ("Replies and Comments," in Chinese Language, Thought, and Culture: Nivison and his Critics, ed. Philip J. Ivanhoe, Chicago: Open Court, 1996, p. 291).
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