Democracy After Virtue Toward Pragmatic Confucian Democracy Sungmoon Kim Full Chapter PDF
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Democracy after Virtue
ii
Sungmoon Kim
1
iv
1
Oxford University Press is a department of the University of Oxford. It furthers
the University’s objective of excellence in research, scholarship, and education
by publishing worldwide. Oxford is a registered trade mark of Oxford University
Press in the UK and certain other countries.
9 8 7 6 5 4 3 2 1
Printed by Sheridan Books, Inc., United States of America
In memory of
Benjamin R. Barber (1939–2017)
vi
CONTENTS
Preface ix
PART I: Democracy
1. Political Participation 23
2. Value of Democracy 50
3. Procedure and Substance 79
Notes 197
Bibliography 235
Index 247
vi
P R E FA C E
[x] Preface
sabbatical year (2016–2017) as a Berggruen fellow and completed signif-
icant portions of this book, and I am grateful to both Melissa Williams
and LaGina Gause, who formally discussed my paper, and those who
participated in the seminar including, among others, Jenny Mansbridge,
Meira Levinson, Tomer Perry, Tongdong Bai, Mathias Risse, and Danielle
Allen. I deeply appreciate many useful suggestions and construc-
tive criticisms offered by them. Chapter 4 was presented at the Neo-
Confucianism seminar at Columbia University, and I am grateful to Tao
Jiang, Ari Borrel, Yung Kun Kim, and Zach Berge-Becker for their invita-
tion and helpful comments. Versions of Chapter 6 have been presented
at various institutions or academic venues such as University of
Pennsylvania’s Department of Political Science, University of Toronto’s
Department of Political Science, the Berggruen inaugural workshop at
the Edmond J. Safra Center for Ethics, an international conference on
“Democracy in Global Politics” held in Academia Sinica, and an interna-
tional conference on “Political Theory in the East Asian Context” held
at City University of Hong Kong. I am grateful to Rogers Smith, Anne
Norton, Jeffrey Green, Loren Goldman, Juman Kim, Ronald Beiner,
Joseph Carens, Ryan Balot, Ruth Marshall, Chia-Ming Chen, Jung In
Kang, Brook Ackerly, Mathias Risse, Hui Wang, and Anna Sun, for their
helpful comments and suggestions. The general philosophical framework
and core claims of this book were also presented at the Berggruen fellow
workshop at the Center for Advanced Study in the Behavioral Sciences of
Stanford University and Fordham University’s social and political philos-
ophy workshop. I thank Owen Flanagan, Chaihark Hahm, Robin Wang,
Fenrong Liu, Jonathan Jansen, Johan van Benthem, Wenqing Zhao, Jeff
Flynn, Nick Tampio, and Sam Haddad for their valuable comments and
hospitality.
I am also grateful to many others who have read or discussed various
parts of the manuscript and offered valuable comments, suggestions, or
observations. These include Steve Angle, Eric Beerbohm, Daniel Bell, Elton
Chan, Thomas Christiano, Joyce Dehli, Lisa Ellis, Archon Fung, Wenkai He,
Nien-he Hsieh, Jimmy Hsu, David Kim, Richard Kim, Tae Wan Kim, Franz
Mang, Frank Michelman, Sam Moyn, Andrew Nathan, Shaun O’Dwyer, Henry
Richardson, Susan Shim, and Stephen Soldz. Special thanks go to Jenny
Mansbridge and Melissa Williams (though mentioned earlier) who never
grew tired of discussing my ideas and specific arguments during my stay at
Harvard. I deeply appreciate their comments and suggestions. My gratitude
also goes to Diego von Vacano, the editor of Oxford Studies in Comparative
Political Theory, and Angela Chnapko, my editor at Oxford University Press.
Preface [ xi ]
xi
[ xii ] Preface
spend several days together at his summer house when my family joined
me from Hong Kong the following June. And now, June has come and
my family is about to depart from Hong Kong but, alas, Ben is no longer
here. Though Ben is gone, I am sure that his passion for democracy, civic
education, and global interdependence will always remain with us. I am
proud of having had Ben Barber as my teacher and friend who helped me
to grow as his fellow democrat. I dedicate this book to him with love and
deep gratitude.
Preface [ xiii ]
xvi
Democracy after Virtue
xvi
Introduction
Toward Pragmatic Confucian Democracy
In the past two decades contemporary Confucian political theory has been
propelled by the dialectical conversation between Confucianism and de-
mocracy—Confucian values, ethics, and social practices on one side and
democratic ideals, principles, and institutions on the other. The result has
been a vigorous search for “Confucian democracy” as a form of democracy
best suitable for East Asia’s Confucian societal context and a cultural al-
ternative to Western-style liberal democracy.1 Even those who assert that
Confucian democracy should not only be a cultural alternative to liberal
democracy but, more crucially, its formidable political rival, thus framing
their normative position in terms of “(Confucian) political meritocracy,”
never completely dismiss the (albeit limited) value of democracy. Often
they incorporate certain democratic institutional components (election
in particular) into their otherwise meritocratic political system and justify
the hybrid system in terms of, as Daniel Bell aptly calls it, “democratic mer-
itocracy.”2 Despite recent meritocratic challenges to democracy by some
Confucian theorists (whom I call Confucian meritocrats in this book), which
sometimes go beyond not just liberal democracy but democracy in toto,3
contemporary Confucian political theory largely revolves around democ-
racy, more specifically what kind or how much of democracy is desirable
in East Asian countries of Confucian heritage. Arguably, the main thrust
of contemporary Confucian political theory has been democratic theory
broadly construed.4
2
[2] Introduction
contribution to both the constructing of social identity and the allevia-
tion of economic inequality that threatens social harmony.8 Furthermore,
Confucian meritocrats are increasingly persuaded that full democratic
participation may be acceptable in the context of local politics. In short,
the Confucian meritocratic critique of democracy is generally concen-
trated on democratic authority exercised in the central government and
on a national level as it works through what they deem to be the universal
and mechanical implementation of popular sovereignty by means of one
person one vote.9
Then, what exactly is the disagreement? One problem with Confucian
democrats is that it is far from clear whether the community they have in
mind refers to a local community in rural areas, where some Confucian-
style rituals have survived, or whether it extends to an entire political
community with a moral requirement that the polity’s constitutional-
political structure be completely reconstructed into a democracy, which
in turn calls for a transformation of the polity’s public culture into a
democratic civic culture. In the former case, Confucian democrats’ core
argument is perfectly compatible with that of Confucian meritocrats,
whereas in the latter their lack of interest in democracy as a political
system, on top of a communitarian way of life, is hardly justified. Equally
unclear is the Confucian democrats’ attitude toward political meritoc-
racy, especially in its relation to democracy, which they advocate whole-
heartedly, as they sometimes seem inclined toward rule by virtuous
people without illuminating how such an inclination, if not an active
espousal, can cohere with their underlying commitment to democratic
equality.10
Confucian meritocracy, too, is exposed to similar challenges insomuch
as it presents itself in terms of democratic meritocracy. On what moral
ground can election, operating on the one person one vote mechanism, be
taken apart from its underlying moral principles such as political equality
and popular sovereignty? How can one justify meritocratic institutional
apparatuses such as the nondemocratically selected upper house in the leg-
islature while simultaneously valorizing the good effects commonly asso-
ciated with democratic institutions such as transparency, accountability,
and reciprocity? And, most importantly, can a new mode of public life and
its associated social norms, which follow from the institutionalization of
even partially democratic decision-making processes and related social
practices, be compatible with political meritocracy? Put differently, is it
possible for democracy and meritocracy to be mixed in a philosophically
non-arbitrary manner so that Confucian meritocracy can enjoy the merits
of both democracy and meritocracy?
Introduction [3]
4
[4] Introduction
In proposing pragmatic Confucian democracy as a new point of ref-
erence in Confucian democratic theory, I have no presumption that its
approach and substantive arguments are neutral, especially vis- à-
vis
Confucian meritocratic theory, as it is clearly predisposed to advance-
ment of a more robust democratic theory of Confucian democracy than
the existing proposals. In fact, as far as its specific contents are concerned,
pragmatic Confucian democracy may be found quite controversial even
among Confucian communitarian democrats similarly inspired by Dewey.
Nevertheless, I believe that the merit of constructing a comprehensive
normative framework that is thoroughly democratic and develops and
integrates within it democratic accounts of criminal, distributive, and in-
ternational justice, outweighs whatever problems that might be associ-
ated with this approach.11
On the one hand, when recast from the normative questions en-
gaged by pragmatic Confucian democracy, such as democracy’s intrinsic
and instrumental values and democratic procedures and their substan-
tive outcomes, Confucian meritocratic theory can be understood not
so much as the direct opponent of democracy—a problematic view,
given its qualified democratic dimension—but as a kind of democratic
theory that takes a distinctive normative stance with regard to (1) the
(instrumental or intrinsic) value of democracy, (2) the (instrumental or
non-instrumental) relationship between democratic procedure and its
outcomes, and (3) the (individualistic or social) conception of desert
or merit in relation to criminal and distributive justice. In this way, we
can come to better grips with what kind of democratic theory Confucian
meritocracy is as a democratic meritocracy, whether this concept as em-
ployed by Confucian meritocrats is philosophically meaningful (or pre-
cisely in what respect it is undemocratic), and whether its democratic
and nondemocratic components are connected in a philosophically plau-
sible and normatively compelling manner.
Confucian democratic theory, on the other hand, would be given a
firmer normative ground not only for its controversial (from the traditional
Confucian perspective) embracing of key democratic principles such as
popular sovereignty, political equality, and the right to political participa-
tion, but also for its endorsement of the substantively democratic concep-
tion of justice. As will be demonstrated in this book, pragmatic Confucian
democracy offers not merely a cultural and communitarian alternative to
liberal rights-based democracy but a morally attractive model of democracy
under the circumstances of modern politics marked by value disagreement
and moral conflict.
Introduction [5]
6
[6] Introduction
undemocratic elements including, most notably, gender inequality. In the
absence of a long process of cultural communication between democratic
and Confucian social practices that facilitates their mutual accommoda-
tion, thereby transforming the otherwise abstract ideal of democracy into
a Confucian democracy, democracy can hardly become the citizens’ way
of life in the genuine sense, and so-called democratic practices in which
they routinely engage can never be made intelligent to them. Such a pro-
cess of mutual accommodation in civil society is pragmatic in nature be-
cause it is subject to numerous sorts of social experiments and multiple
rounds of public deliberation under no antecedent rule or pre-politically
given authority that would dictate its mode or direction. For Confucian
democratic citizens, the incongruence between formal democratic political
institutions, introduced chiefly on pragmatic-consequentialist grounds,
and ongoing social practices that still define the character of their social life,
is a problem, which should be solved provisionally or pragmatically at each
stage of their public life through “social inquiry” informed by Confucian
public reasoning.14 When thusly made intelligent to citizens, democracy
then becomes intrinsically valuable to them.
Thus understood, one of the most important philosophical aims of this
book is to investigate how these two kinds of pragmatic justifications that
simultaneously endorse democracy’s instrumental and intrinsic values can
be coherently integrated within a single normative political theory. Part
I is generally devoted to this question. Here I offer a preliminary expla-
nation for three key background assumptions that underpin pragmatic
Confucian democracy. This will help illuminate the distinctive features of
pragmatic Confucian democracy as a political theory relative to the existing
proposals of Confucian democracy.15 Those background assumptions are
(1) circumstances of modern politics, (2) second-order value of democracy,
and (3) democracy as a social experience.
Pre-modern politics in both West and East are characterized by broad social
acceptance of the moral-political authority over the matters concerning
people’s moral conduct and political decision making, be it God or Heaven
(tian 天), their human delegates, or traditions, rituals, and customs that
are believed to embody sacred authority. In pre-modern politics where
politics is often inextricably intertwined with religion or morals, the re-
lationship between the ruler, whose mandate to rule is neither subject to
authorization by nor accountable to the people via any formal institutional
Introduction [7]
8
mechanisms, and the ruled, who are not politically organized as citizens
equipped with civil and political rights, is both epistemic and moral—not
so different from the relationship between teacher and student.
In the Confucian world in particular, the ideal kings, called sage-kings
(shengwang 聖王), were routinely envisaged as teachers (shi 師) who had
discovered the right Way (dao 道) toward which to educate the people
mainly by means of rituals (li 禮) and to bring them, otherwise stuck in
a boorish situation either because of their bad human nature (as Xunzi
claimed) or adverse external conditions (as Mencius contended), to
a refined civil culture (wen 文) in which they can live a materially suffi-
cient and morally flourishing life.16 Although religious persecution rarely
happened throughout East Asian history since the firm establishment of
Confucianism as the state ideology, and the ruling elites (the king and the
members of the royal house in particular) in otherwise Confucian East Asia
were occasionally drawn to more overtly religious traditions such as Daoism
and, especially, Buddhism, Confucian orthodoxy in state and society were
seldom challenged by such so-called “popular religions.” For instance, when
Cheng-Zhu Neo-Confucianism had been permeated deep into every nook
and cranny of the Korean society by the late eighteenth-century, both
as state ideology and intellectual orthodoxy,17 lingering Buddhist social
practices were strictly prohibited among the yangban elite class, although
social and religious practices associated with popular religions were implic-
itly condoned as long as they did not pose an eminent threat to Confucian-
based moral order and sociopolitical harmony.18 Therefore, in pre-modern
Confucian East Asia, value pluralism, which neither posits a hierarchy be-
tween values nor accepts a higher moral standard by which to harmonize
them,19 was never acknowledged as the basic social condition to which po-
litical authority ought to be adapted.20 Not surprisingly, moral conflict, the
natural accompaniment of value pluralism, was also never taken seriously
by the ruling elites as something for them to have to address in order to
make sure political power and authority was justified to the ruled.21 For
them, any presence of moral conflict only signified their failure to rule
according to the Way, which would naturally achieve social harmony, and
thus their failure to rule authoritatively.22 As singularly committed to one
right Way, Confucians valued only one particular conception of the good
life—a life toward Confucian sagehood—that is incommensurable with
other conceptions of the good life, and this ethical monism was strongly
vindicated by a specific mode of politics that the Confucians pursued,
namely, “virtue politics” (dezhi 德治).23
Virtue politics, as classical Confucians understood it, is propelled by the
ruler’s moral virtue, while aiming at the people’s moral cultivation. What
[8] Introduction
is central to virtue politics is its monistic nature and structure: not only
are all the targeted virtues such as benevolence (ren 仁), righteousness (yi
義), ritual propriety (li 禮), and the ability to tell right from wrong (zhi
智) understood to be essential to realization of Confucian sagehood,24
but in principle there is no qualitative difference between the virtues
with which the ruler pulls the people toward the gambit of his “benevo-
lent government” (ren zheng 仁政) and the virtues at which the people are
to arrive through the process of moral cultivation.25 This latter aspect of
Confucian virtue monism makes it possible that ordinary people, if mor-
ally cultivated, can participate in government by transforming themselves
from passive to active subjects. In fact, all three ancient Confucian mas-
ters (Confucius, Mencius, and Xunzi) were unswervingly convinced that
virtue is the most important criterion of merit by which to select public
officials and that there exists a morally noncontroversial way to distinguish
the virtuous from those who are not. All three Confucians agreed that
only if the king—who has a Heaven-bestowed mandate (tianming 天命) to
reign all under Heaven (tianxia 天下)—is virtuous, hence called “the son
of Heaven” (tianzi 天子), can he then identify those who are best qualified
for public service (starting with the prime minister, who will then carry
out the actual selection of public officials)26 and establish political meri-
tocracy understood as, as Bell puts it, the rule in which “political power [is]
distributed in accordance with ability and virtue.”27 In the most profound
sense, the recent proposals for Confucian meritocracy are an attempt to re-
habilitate the traditional Confucian ideal of virtue politics in modern East
Asia by separating the vision of political meritocracy implied in Confucian
virtue politics from its underlying metaphysical and political-theological
assumptions.28
However, the modern context in which a Confucian alternative to liberal
democracy is being pursued is dramatically different from that in which
traditional Confucian political perfectionism premised on virtue monism
was devised, then eventually prevailed. Today, very few East Asians believe
in Heaven as the bastion of human morality or its mandate as the ultimate
source of political authority and legitimacy, even when their social lives are
still significantly shaped by Confucian values, rituals, and social practices.29
Confucianism no longer enjoys the status as a dominant state ideology or
state religion, nor is it affiliated with one-man monarchy, the visible car-
rier of the Mandate of Heaven and the institutional backbone of Confucian
virtue politics. With the collapse of the monistic moral-political basis of
Confucianism, the moral and political hierarchy between Confucianism
and other religious and social values has also been completely dismantled,
rendering Confucianism as traditionally formulated and practiced to be just
Introduction [9]
01
[ 10 ] Introduction
DEMOCRACY’S SECOND-O RDER VALUE
Introduction [ 11 ]
21
[ 12 ] Introduction
away from the institutional dimension of democracy and, by implication,
from democracy’s second-order value.
As such, democracy’s second-order value has been given no attention,
let alone been engaged, in contemporary Confucian political theory. And
this in part has contributed to the current landscape of Confucian dem-
ocratic theory as marked by a division between moral cultivationists
(Deweyan communitarian democrats) and institutionalists (political
meritocrats), when democracy, properly understood, incorporates both
aspects. The result has been a lack of a Confucian political theory that
integrates (2), (3), and (4) into a coherent philosophical system—a theory
that mediates between democracy’s two dimensions as a political system
and as a way of life, between democracy’s instrumental and intrinsic
values, and between democratic autonomy and Confucian perfectionism.
Pragmatic Confucian democracy attempts to fill this important lacuna in
Confucian democratic theory.
Specifically, pragmatic Confucian democracy offers a distinctive norma-
tive Confucian democratic theory in two respects. First, it is unambiguously
committed to (2). Pragmatic Confucian democracy cherishes collective self-
determination by equal citizens, namely democratic autonomy, as intrin-
sically valuable.39 The second distinctive feature of pragmatic Confucian
democracy lies in the fact that, though taking democratic autonomy to be
its ultimate moral goal, it gives priority to democracy’s second-order value.
Otherwise stated, unlike a Deweyan Confucian communitarian democrat,
a pragmatic Confucian democrat understands democracy primarily as a po-
litical system, that is, as a unique mode of institutional coordination of
social interactions among citizens under the circumstances of modern pol-
itics. Without institutional entrenchment of the democratic-constitutional
structure, neither an effective and legitimate coordination of complex so-
cial conflicts—especially those around moral questions, often the most im-
portant reason that citizens want to have a democracy—nor democratic
autonomy can be realized.
For a pragmatic Confucian democrat, then, democratic autonomy is un-
derstood as the good whose intrinsic value is something that ought to be ac-
quired in the course of both participating in formal democratic institutions
and, more importantly, exercising democratic social practices in civil society
in ways that make sense to their Confucian moral sentiments and public
reason. Or, combining them together, in a pragmatic Confucian democracy,
democratic autonomy is made intelligent and cherished in the course of
living a Confucian-democratic way of life. As will be discussed in Chapter 3,
the fact that in a pragmatic Confucian democracy the truest sense of dem-
ocratic autonomy is possible only when it is exercised in mediation of
Introduction [ 13 ]
41
[ 14 ] Introduction
series of social experiences, pragmatic Confucian democracy aims to com-
bine the insight from the political science of democracy, focused on demo-
cratic transition and consolidation, with that from traditional democratic
theory, pivoted around the ideals of democratic autonomy and common
citizenship, thereby contributing to a normative democratic theory that
I hope is more socially relevant in the non-Western society.
Although it is not this book’s main aim to break a new methodological
ground in political theory by bridging empirical political science and nor-
mative political theory, and while it deals with normative questions more
so than empirical issues, its core argument, especially with regard to the
value of democracy, is premised on the assumption of democracy as a social
experience that involves regime transition, institutional consolidation, so-
cial learning, and internalization of new values and norms. Put differently,
pragmatic Confucian democracy is concerned not only with building new
institutions but, more critically, with new citizenship formation. Both in-
trinsic and second-order values of democracy can be captured holistically
only against the backdrop of this dynamic and pragmatic understanding
of democracy. As will be shown in Chapters 4 and 5, it is on this ground
that pragmatic Confucian democracy embraces public equality despite its
critical importance not as the foundational moral value that it is in liberal
democratic theory but as the side-constraint that balances democratic jus-
tice and Confucian values.
This book consists of two parts, each comprising three chapters. In Part I,
I construct a theoretical skeleton of pragmatic Confucian democracy, first
by justifying the right to political participation in reference to democracy’s
second-order value, second by illuminating the complex relationship be-
tween the instrumental and intrinsic values of democracy in pragmatic
Confucian democracy in relation to democracy’s two dimensions as a po-
litical system and as a way of life, and finally by articulating the perfec-
tionist connection between democratic procedures and their substantive
outcomes in pragmatic Confucian democracy.
In Confucian political theory there is notable disagreement with re-
gard to the value and right of popular political participation: while
Confucian participatory democrats, many of whom are Deweyan commu-
nitarian democrats, are strongly convinced of the value of political par-
ticipation in terms of its critical contribution to personal moral growth,
Confucian meritocrats, equally committed to traditional Confucian ethical
Introduction [ 15 ]
61
[ 16 ] Introduction
share Confucianism as their civic culture, notwithstanding deep diversity
and pervasive moral conflict among themselves.
In Chapter 3, the last chapter of Part I, I investigate the perfectionist
nature of democratic procedures and the perfectionist connection be-
tween democratic procedures and substantive outcomes that they pro-
duce in pragmatic Confucian democracy. This chapter begins by pointing
out deep ambiguities in existing Confucian political theories that tend to
focus exclusively on the perfectionist ends of the Confucian (democratic or
meritocratic) polity without articulating their internal connection to dem-
ocratic procedures. I argue that the pragmatic understanding of Confucian
democracy not only establishes the inextricable intertwinement between
democracy’s institutional-instrumental and moral-intrinsic values but fur-
ther creates an equally intimate connection between Confucian substance
and democratic procedure in a Confucian democracy. At the heart of my ar-
gument is that in Confucian pragmatic democracy, democratic procedures
exist not so much as formal institutional mechanisms that are neutral
to or independent of Confucian values but as the value-laden conduit
through which Confucian democratic substances are produced in the forms
of Confucian democratic rights, Confucian justice, and Confucian demo-
cratic citizenship, thereby reinforcing a congruence between Confucian
democracy’s instrumental and intrinsic values. I explain this double con-
gruence that pragmatic Confucian democracy enables between substance
and procedure and between intrinsic and instrumental values in terms of
Confucian democratic perfectionism.
After establishing pragmatic Confucian democracy as a robust norma-
tive democratic theory, in Part II I discuss the normative implications of
pragmatic Confucian democracy on the idea of justice in criminal punish-
ment, economic distribution, and international relations (humanitarian
intervention in particular).
Although criminal justice is directly concerned with the citizen’s moral
standing as a free and equal person and works through the coercive power
of the state, there is virtually no philosophical discussion about this impor-
tant moral and political question in Confucian political theory, especially
in relation to democracy. Chapter 4 attempts to address this critical deficit
in Confucian political theory by proposing a novel normative framework
for criminal punishment, called the value theory of criminal punishment, as
an alternative to desert-based retributivism that is most dominant in lib-
eral legal and political theory and to which some Confucian meritocrats
implicitly subscribe. Contrary to retributivists who see criminal desert
as pre-social and purely individualistic, the value theory of punishment
understands it as embedded in communal values and social norms and
Introduction [ 17 ]
81
thus sees crime not in virtue of its pre-socially evaluated wrongness but
in terms of a “normative blow” to the political community undergirded by
such values and norms. In the Confucian society in particular, I argue, a
normative blow to the community complexly implicates both the wrong-
doer and the victim, as they are thought to exist (or have existed until the
crime) not as independent rights-bearing individuals but as quasi-family
members of the community with their selves heavily related with one an-
other. From the perspective of the Confucian value theory of criminal
punishment, I then turn to one particular normative question in criminal
justice—whether enhanced punishment for crimes committed against
family members, or simply family crimes, can be morally justified. I argue
that in a constitutional democracy in which Confucian values such as filial
piety, ritual propriety, ancestor worship, and harmony within the family
inform both the substance and the procedure of democracy, family crimes
fundamentally threaten the polity’s moral foundation and constitutional
integrity, and this justifies enhanced punishment for such crimes. The
chapter concludes by drawing attention to an important role that public
equality plays as a side-constraint in making sure that enhanced punish-
ment for family crimes, though paternalistic, nevertheless contributes to
democratic justice.
Extending the preceding discussion on desert and public equality in rela-
tion to justice to the domain of economic distribution, Chapter 5 explores a
distributive principle—what I call Confucian democratic sufficientarianism—
that is integral to pragmatic Confucian democracy (as well as to Confucian
democratic perfectionism). One of the notable features in Confucian polit-
ical theory of late is that, following Harry Frankfurt, an increasing number
of scholars (mostly Confucian meritocrats) present the Confucian concep-
tion of distributive justice in terms of “the doctrine of sufficiency,” with
special attention to the doctrine’s negative thesis, which stipulates that
inequalities of wealth and income beyond the threshold of sufficiency do not
matter if they reflect different degrees of desert. In formulating an alternative
Confucian distributive principle, I critically embrace the doctrine’s posi-
tive thesis stipulating the threshold of sufficiency but roundly reject the
negative thesis because it not only reflects the deepest liberal commitment
to distinctive individuality, which Confucianism does not share, but more
importantly violates the spirit of the Confucian benevolent government.
After deriving four propositions from classical Confucianism (namely, equal
sufficiency, objectively high threshold standard, deserved inequalities, and
constrained inequality) and presenting them as constituting the classical
Confucian doctrine of sufficiency, I then reconstruct it into Confucian dem-
ocratic sufficientarianism by installing public equality as a side-constraint
[ 18 ] Introduction
that prevents deserved inequalities beyond the threshold of sufficiency
from eroding an equal social relationship among citizens. Confucian dem-
ocratic sufficientarianism is distinguished importantly from liberal demo-
cratic sufficientarianism as well, because its main currency of distribution
is not so much equal public standing or freedom (as non-domination) as
such, but the well-being of the people.
The Confucian concern with the well-being of the people, however, is
not limited by territorial boundary. Classical Confucians thought that a
virtuous ruler is responsible for the well-being of all people under Heaven,
and this responsibility was the ground on which they could justify a pu-
nitive expedition of a virtuous ruler against the immoral ones during the
Warring States period. Inspired by this classical Confucian (especially
Mencian) authorization of punitive expedition, many Confucian political
theorists, including Daniel Bell, claim that the Confucian theory of pu-
nitive expedition has strong relevance in modern international relations
as it, with all its emphasis on specific procedural steps and qualifications,
can easily lend itself as the Confucian equivalent of humanitarian inter-
vention. Contrary to this line of optimism, I argue in Chapter 6 that for
it to be relevant to the modern international world and to be the theory
of humanitarian intervention in its truest sense (focused on the suffering
of the people rather than the moral qualification of the intervening ruler)
Mencius’s political theory of punitive expedition, which is predicated on
the paradigm of Confucian virtue politics, must undergo a democratic re-
construction with full attention to the circumstances of modern politics
on both national and international levels. More specifically, I argue that
applying Mencian virtue politics, as it is, to the modern pluralist world as
a form of political meritocracy is difficult to justify due to both internal
and external obstacles posed by value pluralism, domestically as well as in-
ternationally. At the center of my pragmatic-democratic reconstruction of
Mencius’s virtue-based theory of punitive expedition lies the stipulation
that intervention be morally justified domestically—that is, to the people
of the intervening state, who may disagree with one another with regard
to justifiability of the intervention—and internationally, first to those who
are intervened, whose lives are directly and profoundly affected by the in-
tervention and second to the international community, which has a moral
duty to protect the well-being of the people in the world. I conclude by
revisiting my disagreement with Bell in the larger philosophical context, in
which the disagreement is essentially between Confucian political meritoc-
racy and pragmatic Confucian democracy.
I conclude the book by emphasizing the critical importance of Confucian
political theory’s acceptability to ordinary men and women actually living
Introduction [ 19 ]
02
in East Asia, many of whom are not ready to accept or even actively re-
ject the self-validating moral authority of Confucianism while struggling
with their public standing as “citizens.” I argue that unless Confucian po-
litical theory aims to be the political theory for and of the people, it will
likely only remain the business of a few self-claimed Confucians in aca-
demia having no meaningful contact with the real political world. The re-
sult may be a fantastic work of modern Confucianism, but it can hardly be
a Confucian political theory.
[ 20 ] Introduction
PART I
Democracy
2
CHAPTER 1
Political Participation
premises, each position then builds its distinctive (i.e., meritocratic or par-
ticipatory) democratic theory by seeking the mode of democracy that can
best serve the higher moral goal of Confucian perfectionism. Generally
speaking, Confucian meritocrats assert that a minimal democracy, cen-
tral to which are limited political participation and a nondemocratically
selected upper house composed of the “best and brightest,” is most suit-
able for realizing the telos of Confucian perfectionism. On the other
hand, Confucian participatory democrats are strongly convinced that
with the collapse of the sage-king paradigm in contemporary East Asia,
the Confucian perfectionist goal—namely, moral growth in key Confucian
virtues—can be attained only if people are individually able to participate
in political decision-making processes.
Both positions, however, seem vulnerable to some challenges. For in-
stance, the following questions can be raised to Confucian meritocrats: if
the nondemocratic upper house is specifically required to serve the
Confucian perfectionist aims (i.e., wise public decisions and moral edu-
cation of the people), why is popular political participation necessary at
all, even if it is limited?5 And why struggle to justify political participation
philosophically, while simultaneously stressing that its moral value was
never recognized in the Confucian tradition?6 That said, since Confucian
meritocrats do not believe active political participation is essential to their
political theory, the force of the above challenges is surely limited. In fact,
insomuch as “democracy” in Confucian democracy is understood as an in-
stitutional apparatus instrumental to higher Confucian moral goals, it is
advocates of Confucian participatory democracy who face a more serious
challenge: what if the kind of moral growth they valorize as the ultimate
goal of Confucian democracy can be achieved equally or better without ro-
bust democratic political participation? In such a case, what is the distinc-
tive Confucian moral value of political participation?
This chapter aims to provide a robust philosophical justification for polit-
ical participation in Confucian democracy, first by critically examining the
philosophical conundrum surrounding political participation in Confucian
democratic theory from the perspective of democracy’s second-order value
with special attention to “the circumstances of modern politics,” then
by presenting pragmatic Confucian democracy as an alternative mode
of Confucian democracy that can address the conundrum in a fresh way
without diluting the theory’s perfectionist commitment to Confucianism.
The chapter concludes by stressing that the conundrum was caused by a
combination of the strong influence of traditional Confucian virtue-ethical
perfectionism on contemporary Confucian political theorists and their
[ 24 ] Democracy
incomplete understanding of democracy either as a political institution or
as a way of life.
P ol i t i c a l Pa r t i c ipat i o n [ 25 ]
62
[ 26 ] Democracy
robust character traits and are resistant to situational variation, they can
design and reliably maintain the broad range of institutions and situations
that facilitate good behavior for everyone else.”19 The following statement
by Xunzi most powerfully represents the core proposition of Confucian
virtue politics:
Thus, rules cannot stand alone, and categories cannot implement themselves.
If one has the right person, then they will be preserved. If one loses the right
person, then they will be lost. The rules are the beginning of order, and the
gentleman is the origin of the rules. And so, with the gentleman present, even
if the rules are sketchy, they are enough to be comprehensive. Without the
gentleman, even if the rules are complete, one will fail to apply them in the
right order and will be unable to respond to changes in affairs, and thus they
can serve to create chaos.20
Thus far we have examined, albeit briefly, the central purpose of Confucian
virtue politics as well as its philosophical assumptions and moral
propositions. This brief recapitulation offers a necessary intellectual back-
ground against which to evaluate the “Confucian” aspect of the particular
versions of Confucian democratic theory, meritocratic or participatory,
in spite of the theory’s engagements with non-Confucian philosophical
ideas and political theories, especially those of the Western-liberal tradi-
tion. In other words, in pursuing democratic theory it can help us to judge
under what sorts of philosophical parameters or constraints we should
pursue democratic theory if it can be reasonably called “Confucian.” This
examination also informs us that any attempt to reconstruct traditional
Confucian perfectionism radically, that is, in ways plausible in the pluralist
societies of contemporary East Asia, has to wrestle with such parameters
or constraints.
Confucian meritocrats derive their argument for minimal democracy
and rule by the best and the brightest directly from the classical ideal of
Confucian virtue politics. It is debatable whether or not Confucian meri-
tocracy, premised on classical Confucian virtue monism, indeed offers the
most attractive mode of government in contemporary East Asia.21 But if
this practical (and politically significant) question can somehow be put
aside, the Confucian character of recent proposal(s) of Confucian meri-
tocracy can hardly be questioned. And insomuch as classical Confucian
virtue politics does not (explicitly) acknowledge the moral value of polit-
ical participation, Confucian meritocrats seem to be justified in denying
or only partially embracing this critical democratic value and practice, if
they can convincingly show that their proposed Confucian meritocracy
P ol i t i c a l Pa r t i c ipat i o n [ 27 ]
82
[ 28 ] Democracy
Another random document with
no related content on Scribd:
“THE INSTITUTION OF A GENTLEMAN.”
“Your countenance, though it be glossed with knighthood, looks so
borrowingly, that the best words you give me are as dreadful as ‘stand
and deliver.’”—The Asparagus Garden.