Chen Hung hsueh*

Abstract

The allusion of "placing righteousness above family royalty" comes from Zuo Zhuan, which refers to the practice of making a criminal relative accept deserved moral or legal punishment without favoritism in order to achieve higher value. However, "placing righteousness above family royalty" is ultimately a kind of behavior that hurts the family, which is abnormal and not positive. Therefore, Confucius and Mencius did not positively affirm "placing righteousness above family royalty", but taught the world by "tolerating and concealing between kinfolks". Therefore, the contemporary academic circle has raised doubts about whether the Pre-Qin Confucianism affirmed "placing righteousness above family royalty". This paper first introduces two viewpoints of "negative argument" and "affirmative statement" and their reasons, then analyzes and responds to possible problems with the "negative argument", and finally affirms the thought of "Confucianism does have the idea of placing righteousness above family royalty" according to the realistic historical development orientation, the inherent level of Confucian ethical thought, and the actual development of legal history in later generations.

Keywords: Confucianism, justice, Confucian ethics, placing righteousness above family royalty, contemporary Confucianism