Are human rights possible in the Confucian 'Nowheresville'? : a philosophical analysis

Abstract

(Uncorrected OCR) Abstract of thesis entitled "Are Human rights Possible in the Confucian 'N owheresville'? A Philosophical Analysis" Submitted by Lai Cheuk-bun for the degree of Master of Philosophy at the University of Hong Kong in May 2004 This thesis aims to prove that there is a conception of human rights in Confucian ethics. Different from the existing literature that regards Confucianism as either incompatible or compatible with human rights, or simply asserts that there are some human rights in Confucianism, this study tries to reconstruct Confucian ethics and derive concrete human rights that are already implicit in Confucian classics. Based upon the Razian interest theory of rights, this thesis used philosophical reconstruction and textual analysis on The Analects and Mencius to ascertain 1) whether there is a Confucian conception of interests; 2) whether humans have a moral reason to act for others with respect to some vital interests; 3) whether such moral reason is morally obligatory; and 4) whether morally obligatory reasons to act imply rights. The first three questions are proved affirmative. Nonetheless, moral duties cannot signify the existence of rights. A "moral position to claim" is essential to justify human rights claim in Confucian ethics. This study concludes that compassioninciting interests, which means the lack of which naturally stimulates duty-imposing moral reasons for action, would qualify as a valid interest-based claims-to and would thus qualify as a right. With reference to the International Bill of Human Rights, this study identifies the right to life, right to food, clothing, and housing as philosophically justified and textually supported in Confucian texts. In addition, Confucian ethics recognizes an original human right to special protection for old widowers, old widows, old singles, and orphans. This study also argues that human rights that the loss of which would arouse other people's sense of compassion would be endorsed in Confucian ethics. However, rights that do not relate to compassion-inciting suffering would not be recognized. An abstract of 285 words