Since the early 2000s, a debate in the Chinese philosophy community has centered around the ‘son-covering-father’ story in the Analects. The passage goes like this:
“The Duke of Sheh informed Confucius, saying, ‘Among us here there are those who may be styled upright in their conduct. If their father have stolen a sheep, they will bear witness to the fact’. Confucius said, ‘Among us, in our part of the country, those who are upright are different from this. The father conceals the misconduct of the son, and the son conceals the misconduct of the father. Uprightness is to be found in this [italics added].” (Analects 13.18, Legge, 2014)
The story suggests that concealing a theft is morally acceptable if the thief is a member of your family, which in the Confucian tradition is used to promote the idea of partial love. Unlike Mo-tzu (墨翟) and his theory of universal love, where an equal love for all is the solution to social problems and the evil nature of human beings (Xu, 2007), partial love means that the love one gives to others is unequal. For example, you may fully love your parents, have no love for a stranger, and love your neighbour more than the postperson. However, does love for your parents mean that you should cover for them if they commit a crime? According to Liu (2007), the Confucian writings are well known for commending corrupt actions such as bending the law for the benefit of relatives or appointing people because of their family connections. Professors of philosophy Hall and Ames (1989) also state that “Chinese culture has traditionally been plagued with abuses that arise because of…nepotism [and] personal loyalties from special privilege” (p. 308). In that sense, the virtue of Xiao (filial piety) clashes with the virtue of Ren (benevolence), which promotes impartiality and love in accordance for all. This leads to what Li (2012) calls ‘The Confucian Puzzle’.
To explain why the son was justified in covering the father for his crime, it is important to understand the meaning of Xiao and Ren. Both Confucius and Mencius state that Xiao is the foundation of all other moral virtues. In passage 1.2 of the Analects, for instance, the philosopher Yu says that there “are few who, being filial and fraternal, are fond of offending against their superiors. There have been none, who, not liking to offend against their superiors, have been fond of stirring up confusion” (Legge, 2014). As well as forming the basis for loyalty and obedience, deference to elders and dutiful conduct are also key to forming government: “you are filial, you discharge your fraternal duties. These qualities are displayed in government” (Analects, bk. ii., c. xxi., v. 2). The importance of filial piety and duty is also expressed in Chinese cosmology and social order which legitimises the Chinese patrilineal and patriarchal family system so that family become central to human identity and power relations (Ebrey, 2003).
However, while Xiao forms the building block of morality and personhood, Ren represents the ultimate aim of Confucian thought, which is to express care and concern for other human beings. When Fan Ch’ih asked about benevolence, the Master said “it is to love men” (Analects, 12.22). Embodying Ren means that one not only wishes to establish and enlarge the self, but enlarge and establish others. By becoming benevolent, sincere, and kind, a person becomes a Junzi (君子), that is, an ideal moral actor for all human beings. Because the Junzi works on the root and cultivates filiality and respect for elders (Analects, 1.2), it follows that to be a Junzi starts with the family, before one can develop Ren and care for others.
When explaining the ‘son-covering-father’ story, Confucians must explain why the son’s love towards the father should be put above the sheep owner who, according to Li (2012), has better moral ground to request that the son return the sheep and ask the father to apologise for stealing. The first argument claims that it would be unwise for the son to destroy his relationship with the father by reporting the theft. At the very least, the son can preserve the relationship with the father and then choose to take further action. Adapting Van Norden’s (2008) hypothetical case, consider the following example to support the son for covering for his father:
Suppose that my sibling was part of a cult that was responsible for killing a farmer in the 1980s. This sibling is now a productive member of society, with a good job, and happy family. Finding out about my sibling’s role in the crime, one moral choice would involve reporting the sibling and turning them in. However, for a Confucian, the reaction would be different as it would involve confronting the sibling, discovering why the crime was committed, and asking whether such a thing could happen again. If the sibling has reformed and would never commit such a crime again, it follows that prosecution is not necessary.
The only way this argument works is if the person in question is a family member. For instance, supposing that it was a stranger that stole the sheep or killed the farmer, reacting to the crimes would, in most cases, involve reporting without hesitation. Hence, valuing family relations is of utmost importance to the case as the obligations one has towards family surpasses obligations to all other relationships and institutions. The idea of family as critical to moral integrity and human worth is expressed by the neo-Confucian philosopher Yangming Wang (1996). He states:
“The love between father and son and between brothers is the place where the productivity of the human heart begins, just like the tree’s beginning from a sprout. From there the love of humanity and the care for everything develops, just as the tree’s having branches and leaves.” (p. 27)
Two conclusions emerge from this passage. The first is that as the root of morality, Xiao is a method of cultivating benevolence and compassion towards other human beings. Family life forms a convenient setting to practice Ren through family love. While this does not mean that Ren must grow through family love or one would be unable to practice benevolence in a non-family setting, considering that human nature is innately good (Mengzi, 2A6), family simply provides a contingent place for cultivating Ren “due to natural or social evolution” (Li, 2012, p. 42). So Xiao provides an important setting for practicing morality, but it is not an end to morality itself. According to this understanding, the son can choose not to cover for his father if he has cultivated enough love for others so that he is no longer confined to expressing love in the family setting. Rather than believing that Xiao is the most important moral principle (see Rosemont & Ames, 2008), the reason that the son covers for the father is because his love for others has not been cultivated enough.
The second conclusion from Wang’s passage is developed by liberal Confucian scholars who argue that while Xiao is one of the most important moral principles, it is not more important than any other moral virtues, including Ren, Li, or Yi. As professor of philosophy Tongdong Bai (2008) notes, Xiao can be taken as a “starting point, but not as a supreme end point” (p. 29). In the context of the son-covering-father story, Xiao may be more important than following the principle of justice or caring for the sheep owner because of the nature of the crime and the lack of detail in the story. But, if the father killed the innocent sheep owner, justice and the need to care for the victim’s family would override the principle of Xiao. Ideally, a harmonization of all principles should be achieved where justice, care for others, and filial duty are all valued. This would mean that while the son was justified for covering the father, he should also seek to reimburse the sheep owner and make sure that the theft does not happen again.
For Li (2012), both conclusions fail to justify why the son should cover for his father. In the first case, where Xiao is only a convenient setting for developing love towards others, the son is either capable of reporting his father or has never thought about it. If he is capable and has thought about reporting the father, then he should extend family love towards others and sacrifice the means of family love towards the more important principle of loving others. If the son has not thought about reporting the father, that does not mean that he should not. Thus, based on this understanding, the son is morally obliged to report the father. The problem with this conclusion is that it contradicts Confucius’s recommendation of covering for the father.
According to the second conclusion, where Xiao is of equal importance to all other principles or at least important as Ren, it is unclear how one should decide which principle to compromise in the stolen sheep case. Since Confucius recommends that in this particular context, Xiao should be preserved and love towards others should be compromised, one can speculate that there is something in the story that made Confucius choose Xiao over Ren. For example, perhaps the nature of the crime (theft) is not as bad or life-threatening as murder, and turning the father in for theft could do the father more harm than the sheep owner. But this is only speculative as the sheep could have been the sheep owner’s only income, the last sheep in his stock, and the only meal left for his wife and children. As Li (2012) notes, “it is conceptually unclear with regard to the idea of damage and benefit and with regard to the comparison between the damage to one and the benefit to the other” (p. 45).
In that case, there are no clear answers to the puzzle, at least not by assuming that Xiao should never be compromised. If the situation was truly life-threatening, where the father killed and continues to kill sheep owners in the village, there is no moral reason as to why the son should not report the violent father. Furthermore, assuming that Xiao is the most supreme principle also implies that those without family love or even a family are unable to live as morally as those who do practice Xiao. This is not plausible since there are many people in the world who have moral qualities and do not have or live with their families.
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