Abstract

In this paper, I want to ascertain whether there is an interest-based moral position to claim in Confucian ethics. This is crucial to a further ascertainment of moral human rights in Confucianism, because a moral position to claim is a necessary condition to a moral right. Upon careful textual analysis of some of the passages in Mencius, I argued that such moral position to claim is implicit but actually available in Confucian ethics. In a review of the Punishment of the Outcast in Mencius 1B:8, I argued that Mencius not only agrees that people should revolt against the despots, but also that their doing so signifies what Joel Feinberg calls “the activity of claiming.” In other words, it is Mencius’ point of view that when things come to a person’s vital interests, namely one’s own life in this case, it is morally justified for one to act thus claim on one’s interests. I conclude that while an interest-based moral position to claim is found present in Confucian ethics, this does not necessarily mean that a Confucian moral rights discourse is ready. While such position to claim is no doubt crucial to a ‘rights-engineering’ in Confucianethics, attempts to ascertain other elements of a moral right, namely a claim-against and a moral duty are required.