Punishment and Ethical Self-Cultivation in Confucius and Aristotle

Law and Literature 31 (2):259-275 (2019)
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Abstract

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.

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Matthew D. Walker
Yale-NUS College

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