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As the foundation of Confucian legal thinking, “Heaven”
Author: Joe Fei
Source: Author Authorized by Confucian Network, Originally published by “Henan Financial Political and Law Major” Issue 3, 2022
Content Summary: “Heaven” is the basic model in Confucian legal thinking; the academic community knows the connotation of China’s modern “Heaven”, and various views are presented in various colors. According to Zhu Xi, a master of Confucianism, the understanding of “heaven”, he can summarize “heaven” into three aspects: “the natural heaven of matter”, “the heaven dominated by the spirit”, and “the heaven of principles and regulations”. Today, it seems that these three aspects can be integrated into the “Heaven of Person”, and Xunzi, Zhu Zi and Wang Yangming’s understanding of “Heaven” cannot be compared. “Heaven of Person” reveals the nature of life, ethics, and supreme and eternity of “Heaven”. It not only creates all things and humans, but also has the ownership of all things and humans; the focus of Confucian legal thinking, such as the source of power, the creation of laws, and the process of justice, are all related to “Heaven”. Implementing intrinsic thinking on the Confucian “Heaven” can enable people to have a deeper understanding of the roots and foundations of Chinese traditional legal civilization.
Keywords: Confucianism; Heaven; Legal Civilization
Author introduction: Jo Fei, male, taught by Henan University of Law, Ph.D. The purpose of the discussion: Comparison of Chinese, Western and French civilizations.
“Heaven” is the most basic intrinsic concept in Chinese philosophy, and it is also the basic model of Confucian legal thinking. Regarding the understanding of modern Chinese thoughts, the academic community has had great results in modern times; despite the differences in viewpoints, it is a very different color. For example, Liang Qichao divided “Heaven” into four categories: “those who speak the heaven with form”, “those who speak the heaven with dominance”, “those who speak the heaven with destiny”, and “those who speak the heaven with reason”. [1] Rongyoulan divided “Heaven” into five categories: “the heaven of matter”, “the heaven of dominance”, “the heaven of destiny”, “the heaven of nature”, and “the heaven of reason” [2]. In the contemporary times, Mr. Ren Yu divided the “heaven” in Chinese traditional philosophy into five categories: “the heaven of the master”, “the heaven of fate”, “the heaven of reason”, “the heaven of nature”, and “the heaven of personality” [3]; Mr. Tang Yizhi described the “heaven” in Chinese history as three categories: “the heaven of the master”, “the heaven of nature”, and “the heaven of reason”. In the legal world, legal historian Fan Zhongxin taught the “heaven” in traditional legal civilization to be regarded as “natural heaven”, “heaven of gods and spirits”, “facts and principles大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大大These summary and classification remind the rich connotation of China’s modern “Heaven” at a relatively high level and have high academic value. However, these summary and plots are all settled in the whole of modern Chinese philosophy, Confucianism, Law, Taoism and Mo, and failed to conduct special discussion on the “Heaven of Confucianism”. This article believes that “Heaven” is the cornerstone of Confucian Legal civilization, and the value concepts of Confucian Legal thinking are all generated by the transformation of “Heaven” concepts. Some contemporary Confucian scholars also believe that the highest level of Confucianism is that “the master Song Wei started to fill out the form. The right is in heaven” [6]; therefore, it is very necessary to make a special discussion on the “Confucian heaven”. Zhu Xi, the great collection of Confucianism, has a summary and classification of the “Heaven” in the Confucian system; when someone asked and conveyed the meaning of the word “Heaven” in his writing, Zhu Xi explained: “If you want people to see the points, there are also those who say singularly, some say lords, and some one-manager.” [2] Zhu Zi’s summary of “Heaven” failed to gain sufficient attention from later generations, but his summary was very in place, but he failed to understand the relationship between the three “Heaven”. The “Heaven” is still separated from each other and cannot be unified. This article does not consider the rudeness and believes that Zhu Xi’s three kinds of “heavens” are actually “the natural heaven of matter”, “the heaven of divine spirit” and “the heaven of principle”, and these three kinds of heaven can be concluded as “the heaven of person”.
1. The natural heaven of matter
The Confucian classics contain descriptions about the physical heaven and the natural heaven. For example, in “Pen Shu” “I hope that there will be a star in the sky” [7]; “I am so happy that I am so happy!” [8] “The firewood is full of firewood, and three stars are in the sky” [9]; “The load of heaven is soundless and smellless” [10]. The narrative about the natural heaven in the Book of Changes is like “The clouds are above the sky, and people need to eat and have a banquet.” [11] “The heaven and water act in a bad way, and correct people start by doing things.” [12] “The whole country is serene and walking. Correct people to distinguish high and low, and to determine the ambition.” [13] “The heaven is superior to the earth, and the universe is determined; the humble and high are noble, and the position is valuable.” [14] “Look up and watch the image of the sky, and look down and observe the law on the earth.” [15] The “Heaven” here refers to the sky opposite to the earth, which is a natural heaven of matter.
Confucius once said: “What does the heaven say? It is carried out in four hours, and all things are born in them, but what does the heaven say!” [16] It is generally believed that this is Confucius’ statement on “natural heaven”. Mencius “The sky is filled with clouds, and it rains heavily, and the seedlings are full of excitement” [17]! The sky can make clouds and rain, and the crops grow naturally. This “heaven” is the natural phenomenon of heaven. “The sky is high and the stars are far away. If you look for the reason, the day you have arrived a thousand years ago, you can sit and arrive.” [18] The “Heaven” here is the sky in the physical space, which is the natural sky. “The weather is not as good as the weather, and the weather is not as good as the harmony of people.” [19] “The weather” refers to the natural sky, the sunny, cold and summer weather.In fact, its “heaven” is still a natural heaven of matter.
Xunzi commented on the natural properties of heaven. “Everyone knows why it is accomplished, but no one knows that it is invisible. This is the heaven.” [20] To people, it is just to see the invisible and physical world of yin and yang, but not to understand its invisible and invisible natural process. This is “heaven”. “What we are determined in heaven is that we can wait for the sight of the image; what we are determined in the earth is that we can rest the situation; what we are determined in the four periods is that we can do things; what we are determined in the yang is that we can be treated in harmony.” [21] What people must be clear about heaven is the geographical data that can be measured in the celestial phenomena. “There is nothing in the sky that is clearer than the sun and the moon, the earth that is clearer than water and fire, the things that are nothing in the world that is pearls and jade, and the people that are nothing in the world that is clearer than gifts. Therefore, if the sun and the moon are not high, the light is not out of light; if the water and fire are not broken, the vicissitudes are not broad; if the pearls and jade are not visible outside, the kings and princes do not regard it as treasures; if the gifts are not added to the country, the fame and fortune are not verified.” [22] The descriptions of “Heaven” here are all materialistic.
Dong Zhongshu’s thinking also has the dimension of “nature of matter”: “The sky is one end, the earth is one end; yin is one end, the sun is one end; fire is one end, metal is one end, wood is one end, water is one end, and earth is one end.” [23] Another example is, “The sun and the moon are the sun and the moon are the sky, and all the lights of the sky are shining. The stars are big than the sky, the Douyang is the stars, the three hundred stars, and the three thousand stars are the stars. The sixteen stars are the stars, the seven stars are the stars, the nine stars are the stars, the twenty-eight stars are the stars, and the twenty-eight stars are the stars, and the t