I examine and compare Confucian wu-wei rule and Aristotelian non-imperative rule as two models of non-impositional rule. How exactly do non-impositional rulers, according to these thinkers, generate order? And how might a Confucian/Aristotelian dialogue concerning non-impositional rule in distinctively political contexts proceed? Are Confucians and Aristotelians in deep disagreement, or do they actually have more in common than they initially seem?

Confucius and Aristotle both put a primacy on the task of ethical self-cultivation. Unlike Aristotle, who emphasizes the instrumental value of legal punishment for cultivation’s sake, Confucius raises worries about the practice of punishment. Punishment, and the threat of punishment, Confucius suggests, actually threatens to warp human motivation and impede our ethical development. In this paper, I examine Confucius’ worries about legal punishment, and consider how a dialogue on punishment between Confucius and Aristotle might proceed. I explore how far apart (...) these thinkers actually stand, and examine the possibilities for a rapprochement between them. Doing so brings to light the self-cultivation perspective’s range of resources for thinking about punishment’s justification. (shrink)

A deterrence theory of punishment holds that the institution of criminal punishment is morally justified because it serves to deter crime. Because the fear of external sanction is an important incentive in crime deterrence, the deterrence theory is often associated with the idea of severe, disproportionate punishment. An objection to this theory holds that hope of escape renders even the severest punishment inapt and irrelevant. -/- This article revisits the concept of deterrence and defend a more plausible deterrence theory of (...) punishment—the wide-scope deterrence theory. The wide-scope theory holds that we must make the best use of all the deterrence tools available, including both external and internal sanctions. Drawing on insights from the early Confucian tradition, the article develops a deep deterrence theory, which holds that the most important deterrence tool involves internal, not external, sanction. It describes how internal sanctions deter potential offenses and why relevant policies need not conflict with liberalism’s respect for neutrality. (shrink)

One of the most high-profile debates in Chinese philosophy concerns the compatibility of human and individual rights with basic Confucian doctrines and practices. Defenders of the incompatibilist view argue that rights are inconsistent with Confucianism because rights are (necessarily) role-independent obligations and entitlements, whereas Confucians think that all obligations and entitlements are role-dependent. Two other arguments have to do with the practice of claiming one's own rights, holding (a) that claiming one's rights undercuts family-like community bonds and (b) that giving (...) everyone license to claim her own rights is incompatible with certain hierarchical social structures that Confucians value. In this essay, I show that these arguments are too crudely formulated to identify the real points of contention with rights compatibilism, and then develop versions of two of the arguments which, when properly qualified, pose a more serious challenge for those who think rights and a license to claim one's own rights are consistent with core Confucian views. (shrink)

In Contours of Dignity, Suzanne Killmister sets out an original and innovative approach to understanding dignity. She considers the relationship between dignity and respect, the ways in which shame and humiliation can constitute dignity violations, and the links between dignity and human rights. Departing from the dominant conception of dignity as an inherent feature of all human beings, Killmister instead ties dignity to personal and social standards. She argues for a tripartite theory--comprised of personal dignity, social dignity, and status dignity--in (...) which dignity is to be understood in terms of the norms to which we hold ourselves and others. This revised understanding opens the door to a rich exploration of the moral significance of dignity, and the ways in which dignity can be violated, frustrated, or destroyed. These fresh insights can then help us understand the distinctively dignitarian harms that are inflicted on people when they are tortured, humiliated, or disrespected. Killmister concludes by offering a novel account of human rights, one that is built upon the idea that the 'human' in human rights should be interpreted as a socially constructed category. (shrink)

Philosophers and psychologists come together to think systematically about the nature and value of guilt, looking at the biological origins and psychological nature of guilt, and then discussing the culturally enriched conceptions of this vital moral emotion.

This paper analyzes two main pro-vengeance Confucian arguments in light of Desmond Tutu's thinking. In the absence of just authority, Confucianism argues that carrying out blood vengeance is fulfillment of filial piety and fulfillment of moral duty for deterring crime and reforming the wrongdoer's character. Confucianism does not propose a systematic theory of blood vengeance after laws have been installed to prohibit act of revenge. As Confucian ethics focuses on virtue cultivation and advocates moral learning over punishment, it may find (...) the Tutuist approach of addressing wrongdoing compatible and complementary. In line with Tutuism, we argue that revenge is not justified because engaging in vengeance fuels negative and obsessive emotions, which undermine virtue and may lead to undesirable results, such as escalation of violence and harming of the innocent. Moreover, we defend that more conditions need to be met than the ones enunciated by the pro-vengeance standpoint to justify an act of revenge. (shrink)

This volume is the first to bring together original work by leading philosophers and psychologists in an examination of the moral psychology of contempt.

As a 4th century BCE Confucian text, Mencius provides a rich reflection on moral emotions, such as empathy and compassion, and moral cultivation, which has drawn attention from scholars around the world. This two-part discussion dwells on the idea of natural moral motivation expressed through the analogy of the four sprouts—particularly the sprout of ceyin zhixin (the heart of feelings others' distress)—as the starting point, the focus, and the drive of moral cultivation. In Part 1, I presented an integrated view (...) of the sprouts as including cognitive, affective, and motivational aspects. In Part 2, I discuss the cultivation and application of natural moral motivation. I illustrate how the sprouts inform moral deliberation and drive moral cultivation, while also being its subject. I also demonstrate how emotional responses are managed and regulated according to the sprouts and discuss why moral cultivation is sometimes unsuccessful. (shrink)