1
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
TRANSLATION, POWER HIERARCHY, AND THE
GLOBALIZATION OF THE CONCEPT “HUMAN RIGHTS”:
POTENTIAL CONTRIBUTIONS FROM CONFUCIANISM
MISSED BY THE UDHR
1
SINKWAN CHENG
2
Abstract: This essay strikes new paths for investigating the politics of translation and the (non-) universality
of the concept of “human rights” by engaging them in a critical dialogue. Part I of my essay argues that a truly
universal concept would have available linguistic equivalents in all languages. On this basis, I develop
translation into a tool for disproving the claim that the concept human rights is universal. An inaccurate claim
to universality could be made to look valid, however, if one culture dominates over others, and manages to
impose its own concepts and exclude competitors. Part II explores how human rights, initially a modern
Western concept, became more and more universalized as a result of the global reach of Western political and
economic power. I attempt to shed new light on the subject by investigating the role of translation in bringing
about the global hegemony of Western legal and political languages and concepts. Since translation always
involves a choice of foregrounding one of the two languages and cultures involved, the translator is a power
broker who can promote one voice at the expense of the other. My examples for conducting this investigation
are the key contributions made by China and the West to the drafting of the UDHR: with ren and rights
representing respectively the West and China’s proposed solutions to crimes against humanity in the
immediate aftermath of World War II. While the concept rights became increasingly assimilated into the
Chinese language along with her repeated defeats by colonial powers (and was already firmly established in
the Chinese vocabulary by the time of the drafting of the UDHR), ren by contrast has never been included by
any Western language and culture.
Keywords: Translation, human rights, UDHR, Confucianism, ren, P.C. Chang, Vattel, international law,
Opium Wars, Voltaire
Summary: INTRODUCTION; PART I. LINGUISTIC RESISTANCE FROM A NUMBER OF LANGUAGES TO THE
MODERN WESTERN CONCEPT “RIGHTS” - TRANSLATION AS A TOOL FOR DISPROVING THE UNIVERSAL CLAIM
OF “HUMAN RIGHTS”; PART II. TRANSLATIO IMPERII AND TRANSLATIO STUDII: COLONIALISM AND THE
UNIVERSALIZATION OF “HUMAN RIGHTS” VIA THE POLITICS OF TRANSLATION; CONCLUSION.
1
I heartily acknowledge my great debt to Joan Scott for her kind encouragement and most insightful
feedback. Special thanks need to be conveyed to the Center for the Humanities and the College of East Asian
Studies at Wesleyan University for their generous fellowship support that made this project possible. I also
wish to express my gratitude to Ramón Ruiz Ruiz, Peter Beattie, Jonathan Luftig, and my two anonymous
reviewers for their suggestions.
2
European Institutes for Advanced Study Senior Fellow at the Swedish Collegium for Advanced
Study, 2015-16. (sinkwancheng@gmail.com).
TRANSLATION, POWER HIERARCHY, AND THE GLOBALIZATION OF THE CONCEPT “HUMAN RIGHTS”
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
2
INTRODUCTION
This essay strikes new paths for investigating the politics of translation and the (non-)
universality of the concept of “human rights” by engaging them in a critical dialogue. The
essay is divided into two parts. Part I begins with my argument that a truly universal
concept would have available linguistic equivalents in all languages. On this basis, I
develop translation into a tool for disproving the claim that the concept “human rights” is
universal. Part II turns from contesting the “universality” of “human rights” to analyzing
the universalization of this concept. An inaccurate claim to universality could be made to
look valid if one culture dominates over others, and manages to impose its own concepts
and exclude competitors. This section of my paper investigates how “human rights,”
initially a modern Western concept, became more and more universalized as a result of the
global reach of Western political and economic power. I attempt to shed new light on the
subject by investigating the role of translation in bringing about the global hegemony of
Western legal and political languages and concepts. Since translation always involves a
choice of foregrounding one of the two languages and cultures involved, the translator is a
power broker who can promote one voice at the expense of the other. My examples for
conducting this investigation are the key contributions made by China and the West to the
drafting of the UDHR: with “rights” and ren representing respectively the West and
China’s proposed solutions to crimes against humanity in the immediate aftermath of
World War II. While the concept “rights” became increasingly assimilated into the Chinese
language along with her repeated defeats by colonial powers -- and was already firmly
established in the Chinese vocabulary by the time of the drafting of the UDHR -- ren by
contrast has never been included by any Western language and culture. My essay contrasts
the assimilation of “rights” into Confucian cultures to the continuing resistance of Western
languages to ren. That contrast allows me to trace the power differentials between the East
and the West from the late nineteenth to the twentieth century.
PART I. LINGUISTIC RESISTANCE FROM A NUMBER OF LANGUAGES TO THE MODERN
WESTERN CONCEPT “RIGHTS” - TRANSLATION AS A TOOL FOR DISPROVING THE
UNIVERSAL CLAIM OF “HUMAN RIGHTS”
The more universal a concept, the more readily one should be able to find linguistic
equivalents in all languages. A concept which is truly universal would have a
corresponding term available in every language. The concept of “rights” could not be
universal because a number of Chinese and Japanese scholars encountered tremendous
difficulties translating “rights” into their national languages in the nineteenth century. Nor
could linguistic equivalents for the liberal notion of “rights” be found in a variety of
classical languages – from classical Greek, Latin, Hebrew, and Arabic to Old English. The
claim that “human rights” is universal does not seem to be able to survive the test of its
SINKWAN CHENG
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
3
translatability into a number of pre-modern languages – that is, languages before the global
reach of capitalism and imperialism. As I will demonstrate in Part II, the ubiquitousness of
the concept of human rights in the global age is more the product of translatio imperii than
an indication that the concept is “intrinsic to human imagination and understanding.”
3
As late as 1948, “rights” came across to the Chinese as a selfish concept, grounded
as “rights” are in the protection of the self(-interest) and the sense of “what others owe
me.”
4
Although P.C. Chang – the Chinese representative in the drafting of the UDHR – was
too polite to voice this explicitly, his speeches from time to time suggest such a non-
Western unease with “rights.” In the discussion of the UDHR on October 6, 1948, he
publicly stated that “the aim of the United Nations was not to ensure the selfish gains of the
individual but to try and increase man's moral stature. It was necessary to proclaim the
duties of the individual for it was a consciousness of his duties which enabled man to reach
a high moral standard” (Chang 208; my italics). On October 7, he again observed that “The
various rights would appear more selfish if they were not preceded by the reference to `a
spirit of brotherhood.’ Similar reasoning applied to article 27 [the present article 29], which
contained a statement of duties” (Chang 209; my italics).
To prove that “rights” did not exist within the Chinese social imaginary prior to the
late 19
th
century, and that the concept entered the Chinese Weltanschauung only as a result
of Western colonialism, let me analyze two key Chinese translations of “rights” and their
reception history.
I.1. Chinese Reception History of “Rights”: The Two Key Chinese Translations
There are two key Chinese translations of “rights”: Yuan Dehui’s li (理) and W.P.A.
Martin’s quanli (權利).
I.1.1.The First Key Chinese Translation
Among the many translations of Emer de Vattel’s Le droit des gens, the one with
the most profound historical consequence for China and the world is perhaps the version by
3
See Sinkwan Cheng, “Confucius, Aristotle, and a New `Right’ to Connect China to Europe.”
4
“Rights” has no universal acceptance even in the modern West. The self-regardedness of “rights”
certainly does not find a very sympathetic audience among the communitarians. Charles Taylor, for example,
refers to “a long tradition in the West warning against pure rights talk outside a context in which the political
community has a strong positive value. This `communitarian’ theorizing has taken on a new urgency today
because of the experience of conflict and alienation and the fraying of solidarity in many Western
democracies” (106).
TRANSLATION, POWER HIERARCHY, AND THE GLOBALIZATION OF THE CONCEPT “HUMAN RIGHTS”
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
4
Yuan Dehui (袁德輝) which he produced when serving as assistant to Lin Zexu (林則徐),
the Viceroy of Guangdong and Guangxi who ordered British contraband opium to be
burned in 1839.
5
Prior to the final military confrontations, Lin Zexu studied Peter Parker
and Yuan Dehui’s translations of Le droit des gens by Vattel. Parker’s translation being
quite incomprehensible, Lin turned to Yuan for another rendition. Yuan translated “rights”
as 理 (“the reasonable”).
6
The resistance of the traditional Chinese language and culture to
recognizing the protection of self-interest as a political virtue, combined with
Yuan's attempts to preserve the positive connotations assigned by the West to the
concept, resulted in Yuan’s rendition of the Western concept “rights” as “reasonable” and
his downplaying “rights” as referring to individual entitlements.
The lack of a Chinese equivalent for “rights” in the nineteenth century and before
resulted in a translation that led China decide to take a strong stance against the British
regarding opium – convinced as the country was during this period that her position would
be supported even by Europe’s “international law.” It would not be an exaggeration to trace
the First Opium War back to the clashes between two civilizations’ understanding of the
notion of “rights” – more accurately put, the clashes between the Western notion of rights
and the struggle of China to understand that foreign concept – materialized as the clashes
between the British perception of its “right” to free trade,
7
versus the Chinese
understanding of what ought to be “the code of reasonable conduct” governing operations
in the international community.
Peter Parker,
8
the first person commissioned by Lin to translate Vattel, had likewise
ill success with finding a Chinese equivalent for “rights.” He was compelled to reformulate
“right” as “desire” or “wish to” (欲). The expression “nature gives men a right to employ
force” was translated by Parker as “all human beings by nature desire to fight (人人皆欲
5
Yuan Dehui worked for several years as an imperial interpreter and translator of Western languages
for the Court of Tributary Affairs (理藩院). He studied Latin at the Roman Catholic School in Penang and at
the Anglo-Chinese College (英華書院) in Malacca. In 1839, Yuan became Lin Zexu's assistant in charge of
foreign affairs.
6
“The reasonable” is far from being an adequate translation for li. Li infuses the universe and
governs all beings in the cosmos (not just human beings). As such, it is associated with the cosmic order
(dao). This sense is especially strong in literary Chinese—that is, the kind of Chinese writing in use up till the
early twentieth century. A closer but more clumsy rendition of li would be “the cosmic principle of rightness”
or “the cosmic principle of moral reason.” For the important role of li vis-à-vis philosophical and political
discussions of reasonableness and legitimacy in Chinese history, see Jin Guantao and Liu Qinfeng, 11-69. See
also Stephen Angle’s “Neo-Confucianism” for an annotated bibliography of several scholarly examinations
and various English translations of this concept.
7
See Sinkwan Cheng, “Confucius, Aristotle, and a New `Right’ to Connect China to Europe.”
8
Peter Parker (1804-1888) was the first full-time Protestant medical missionary to China.
http://en.wikipedia.org/wiki/Latin
http://en.wikipedia.org/wiki/Penang
http://en.wikipedia.org/wiki/Ying_Wa_College
http://en.wikipedia.org/wiki/Malacca
http://en.wikipedia.org/wiki/Lin_Zexu
SINKWAN CHENG
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
5
戰),”
9
“for the preservation of their rights” as “wishing to secure themselves and protect
their property (欲自保其身自護其地).” It is significant that Parker felt pressured to
translate “rights” as “desire” or “wish”, because rights is always tied to self-assertion which
ultimately is associated with the instinct for self-preservation, before which all other
concerns have to give way, as was already made evident by the arguments of Hobbes and
Locke.
I.1.2.The Second Key Translation
If Yuan’s translation was key in the impact it made on Chinese and world history,
the translation produced by the American Presbyterian missionary W. A. P. Martin was key
in that it eventually became embraced as the standard rendition for “rights” in both Chinese
and Japanese. In his translation of Henry Wheaton’s Elements of International Law –
published as Wanguo gongfa 萬國公法）in 1864 – Martin consistently used quanli (權利)
or its abbreviation quan (權) to translate “rights.”
Quanli (權利) in Chinese means “power and profit/interest.” What’s worth noting is
that both Peter Parker and W. A. P. Martin – missionaries from America – did not find
anything wrong with the self-regardedness of “rights,” evident in how this self-orientation
is well preserved in Parker’s translation of “rights” as yu (desire) and Martin’s rendition
quanli (power and profit/interest). This did not just have to do with individual rights being
enshrined as part of the founding spirit of America. The association of rights (in the sense
of entitlement)
10
with power and profit could also be traced back to discussions among
medieval theologians and jurists of property (dominia) and a range of related concepts such
as facultas and potestas – an association that must have been familiar to both
missionaries.
11
Furthermore, ever since the subjective meaning of “rights” started to gain
momentum around the time of the Spanish expansions of trade and territories in the 16
th
century, the protection of self-interest became increasingly sanctified and even moralized.
12
9
All translations from Chinese texts are mine.
10
“Right as entitlement” is known as “subjective right,” in contrast to “right as rectitude” or
“objective right.” The terms “subjective right” and “objective right” have become especially popular since the
late 1970s scholarship on the medieval natural law tradition. See Martti Koskenniemi’s “Rights, History,
Critique,” Annabel Brett’s Liberty, Right and Nature, Richard Tuck’s Natural Rights Theories, Brian Tierney’s
The Idea of Natural Rights, and Sinkwan Cheng’s “Confucius, Aristotle, and a New `Right’ to Connect China
to Europe.”
11
The original semantics of subjective right has been missed by existing scholarship on Martin’s
rendition. Quanli has been repeatedly taken to be a “mistranslation” by all publications I have read in East
Asian Studies, Law, Politics, and Philosophy.
12
François Suarez, for example, declares ius as "a kind of moral power [facultas] which every man
has, either over his own property or with respect to that which is due to him” (De legibus, I, ii, 5).
TRANSLATION, POWER HIERARCHY, AND THE GLOBALIZATION OF THE CONCEPT “HUMAN RIGHTS”
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
6
By contrast, self-interest was anything but a virtue according to pre-modern Chinese
ethics and politics. In contrast to duty which concerns what I owe others, rights pertain to
what others owe me. Confucian ethics and politics center on duty and not rights, and Yuan
had to empty his rendition of connotations of self-regardedness in order to preserve the
positive overtone of “rights” in the West. Lin Zexu himself adopted the term li in his letter
to Queen Victoria urging her to help stop the British contraband opium trade in China.
However, the Opium Wars proved the British’s “right to free trade” to be anything but li –
that is, anything but “reasonable.” Not surprisingly then, neither the concept “right” nor
Yuan’s Confucianized translation caught on in the Chinese imagination.
It took about six decades after Yuan’s translation for the term “rights” to make an
appearance in Chinese dictionaries, and when it finally did, it was Martin’s rather than
Yuan’s rendition that got adopted by the Chinese. That the Chinese should understand the
Western notion of “right” as Martin’s “power and interest” rather than Yuan’s “reasonable”
was perhaps no accident, given that the West blasted its way into China with its “right to
free trade.” The Chinese’s understanding of Western right as might was further reinforced
by the introduction of social Darwinism into China and influences from Japan that
embraced Martin’s translation more readily than China. China eventually adopted the
concept “right” not because it was regarded as a universal moral truth like li, but because it
was seen as an instrument to defend China’s “power and interest” in the age of high
imperialism where only the strong seemed to stand a chance to “survive.”
Martin’s translation of Wheaton was first published in 1864. But only a few
dictionaries of the Chinese language published before 1903 include entries on
“rights”/quanli. By contrast, “all dictionaries published after 1908 include the ‘rights’
lexicon” (Svarverud 141-42).
13
The sudden popularity of the term no doubt had to do with
the Chinese’s fascination with Japan’s victory in the Russo-Japanese War (1904-05). This
was the first major Asian military victory over a European power in the modern era – all
the more inspiring for the Chinese was that Japan, which was forced into signing different
unequal treaties with Western powers as late as the 1850s, could emerge as the victor after
its aggressive Westernization programs – that is, after Japan’s adoption of Western law and
politics in addition to Western technologies.
14
China and Japan having both suffered under
13
Svarverud points out one exception -- the Vocabulary and Handbook of the Chinese Language,
edited by Justus Doolittle and published in two volumes in 1872–1873: “Doolittle had the translator W. A. P.
Martin write a section on political and legal terms in Chinese, and Martin naturally included his own
terminological innovations on ‘rights’ which were apparently still not current in the Chinese common
language” (142).
14
China’s enthusiastic embrace of the Japanese model of modernization in this period was part and
parcel of the particular stage in the evolvement in China’s attitude toward Westernization. China’s
modernization did not begin by embracing both Western political ideas and Western technologies. During the
Self-Strengthening Movement （洋務運動 or 自強運動,1861–1895), scholars and government officials such
as Feng Guifen (馮桂芬), Xue Fucheng (薛福成, and Zhang Zidong（張之洞）advocated adopting Western
SINKWAN CHENG
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
7
Western imperialism, it is not surprising that the Chinese upheld Japan’s modernization
program as the model to emulate. Following Japan, China began to adopt not just Western
technologies but also Western social and political ideas. It was in such cultural and political
climates that China opened up to quanli – Martin’s Chinese translation having already been
adopted by Japan before its triumph in “the first great war of the 20
th
century.”
It is worth noting, however, that when the concept “rights” was finally embraced by
the Chinese, it was not associated with civil liberties, nor was it understood as a universal
principle with moral overtones as projected by the modern West. Rather, the concept was
grasped primarily as an instrument to save China from subjugation. As Wang Gungwu, Nie
Jiangqiang, and a number of scholars have pointed out, the term “rights” was mainly
comprehended by the Chinese at this time in the collective sense – as first and foremost the
rights of the Chinese nation rather than individual rights.
15
Wang remarks that “in the use of
ch’üan [quan] in min-ch’üan [minquan] (people's rights), this generation of writers gave
emphasis to the political power due to the people, their share in determining the destiny of
China, their role, in fact, in saving China. Thus, although they used min-ch’üan [minquan]
to translate democracy, there was little hint of civil liberties in the word that would link
people's rights with the idea of natural or legal rights so prominent in Western usage” (180;
my italics).
That the Chinese did not perceive “right” as a universal moral principle is evident
from their gravitating toward quanli (power and interest) rather than li (the reasonable/in
accordance with the cosmic principle of moral reason) as the Chinese rendition for “rights.”
It is well-known that quan was used by the Chinese legalists to refer to “the standards fixed
by the ruler alone” (Shang 24; Duyvendak 260). Far from being universally available, the
power associated with quan “has to be grasped.” As Wang Gungwu correctly points out,
technologies while maintaining traditional Chinese social and political structures. This principle, first
proposed by Feng in 1861, was most famously summed up by Zhang’s 1898 formula “Chinese learning as the
guiding principle (ti); Western learning for practical utility (yong) （中學為體，西學為用）” (“On the
Necessity to Study Hard（勸學篇)”). Ever since China’s defeat by France in Indo-China in 1885, more and
more literati realized that changes more fundamental than those of the Self-Strengthening Movement would
be necessary to save China, and that China needed to adopt Western infrastructures -- such as a new
governmental structure, educational system, and improved commerce -- in order to support scientific and
technological development. This was the Westernization program championed during the Hundred-Day
Reform which lasted from June 11 to September 21, 1898. The failure of this reform was soon to be
succeeded by the New Culture Movement (1915-1921) which called for a wholesale rejection of traditional
values and the regeneration of China through adopting practices associated with Western civilization,
especially democracy and science. The assimilation of quanli into the Chinese vocabulary started around
China’s transition from the Hundred-Day Reform to the New Culture Movement. See Sinkwan Cheng,
“Translatio Temporis and Translatio Imperii: From `Wenming versus Civilization’ to `Wenming as
Civilization.’”
15
Wang Gungwu points out that other concepts of group rights also emerged, such as the rights of
scholar literarti, merchant guilds, local organizations, and extended families (180).
TRANSLATION, POWER HIERARCHY, AND THE GLOBALIZATION OF THE CONCEPT “HUMAN RIGHTS”
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
8
“rights” was embraced in two ways by the Chinese literati at the end of the 19
th
century.
Both, however, converged in eyeing rights as an instrument to help rescue China from
subjugation:
There were those like K'ang Yu-wei [Kang Youwei], Liang Ch'i-ch'ao [Liang
Qichao] among the reformers in 1898, and Sun Yat-sen and Chang Ping-lin among
the revolutionaries before 1911 who were primarily concerned with China's power
to recover its sovereign rights; and there were many conservative mandarins of the
Ch'ing court who shared that concern in their own way. There were others, more
philosophically inclined, like Yen Fu [Yan Fu] and T'an Ssu-t'ung [Tan Sitong],
who understood something about the importance of individual rights but saw them
ultimately in terms of their contribution towards strengthening China. Yen Fu, in
particular, admired the energy that individualism could generate and wanted to see it
harnessed towards collective ends. In other words, for both groups, rights
represented the kind of power and energy China needed. And because of this, it was
easy to see such rights not as universal principles, but as instruments, as means to a
higher end, this end being the regeneration of China. (179; my italics)
I.2. Japanese Reception of “Rights”
Because “rights” is not compatible with Confucian understanding of virtue, the
difficulties of finding a positive linguistic equivalent for “rights” plagued not only the early
Chinese but also the early Japanese translators. Although the Japanese adopted Western
legal and political ideas much sooner than the Chinese, the reception of the concept was not
without resistance even in Japan.
In Japan as it was in China, the translation by Martin rather than the rendition by
Yuan eventually won out. “Rights” was first introduced to Japan via Nishi Amane (西周) ’s
1868 Japanese translation of Martin’s Wan guo gong fa – that is, Martin’s Chinese
translation of Henry Wheaton’s Elements of International Law. Nishi also adopted Martin’s
權利 as the Japanese equivalent for “rights.”
16
Nishi’s adoption was put to use in the same
year by Dr. M. Tsuda in his Western Public Law Theory.
It would, however, take some time before Martin’s coinage would gain wide
acceptance in Japan. In fact, Yuan Dehui’s translation of “rights” as “the reasonable” (理),
rather than Martin’s rendition, was adopted by influential publications such as Fukuzawa
Yukichi 福澤諭吉’s Conditions in the West (Seiyō jijō 西洋事情; published in 1870).
James Hepburn's A Japanese and English Dictionary (first published in 1867) did not
16
權利 which has been accepted as the standard translation for “rights” in both China and Japan is
pronounced differently in the two languages: as quanli in Chinese and kenri in Japanese.
SINKWAN CHENG
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
9
include the term kenri for 'rights' until its third edition in 1886. Also, early Meiji texts
rendered ri in kenri in two different ways, sometimes as Martin’s 權利 and at others as
Yuan’s 理.
The difficulties of finding linguistic equivalents in pre-modern Chinese and
Japanese for “rights” reveal an incommensurability between “rights” and Confucian values.
In other words, the concept of “rights” cannot be claimed to be universal.
PART II. TRANSLATIO IMPERII AND TRANSLATIO STUDII: COLONIALISM AND THE
UNIVERSALIZATION OF “HUMAN RIGHTS” VIA THE POLITICS OF TRANSLATION
The resistances encountered by translators when attempting to render “rights” into
classical languages both East and West – including classical Greek, Latin, Hebrew, Arabic,
Old English, Chinese, and Japanese – prove hasty the claims that “human rights” is
universal and that the UDHR has welcomed within its embrace a variety of cultural
traditions including Confucianism.
While “rights” had no Eastern counterpart before the second half of the 19
th
century,
the Confucian concept ren has no counterpart in Western languages. It is worth noting,
however, that a significant divergence started to emerge between the predicaments of
“right” and of ren on the world stage along with the triumph of Western colonialism. The
linguistic resistances of pre-modern Chinese and Japanese to modern Western “rights”
broke down after the two countries got defeated by Western colonial powers. By contrast,
the Confucian ren remains as much an “outsider” to Western languages today as it was in
previous centuries, and this despite the claim of the UDHR to be a “Universal Declaration”
and its professing to have “included Confucian perspectives” by virtue of the membership
of a Chinese representative on its drafting committee.
Translation provides one key to uncovering why ren never got accepted into
Western languages and cultures despite the aspiration of the UDHR to be universal. Ren as
proposed by the Chinese representative on the UDHR drafting committee was glossed by
his colleagues as “conscience” and “brotherhood”; and when the Declaration was translated
into Chinese, ren even disappeared completely and was replaced by Western concepts. This
part of my essay will begin with the mistranslation by the UDHR committee of the concept
ren contributed by the Chinese representative. It will highlight the inaccurate claim of the
UDHR to universality by revealing the incommensurability between Chinese and Western
ethics and politics at the very founding moment of the Declaration. It will also uncover the
power differential impacting both the drafting and the dissemination of the UDHR, such
that in the translation processes, the Chinese voice was drowned out and the Western voice
reigned supreme – and this continued even in the Chinese translation of the Declaration
targeting Chinese readers. Translation, as an activity of transferring messages from one
TRANSLATION, POWER HIERARCHY, AND THE GLOBALIZATION OF THE CONCEPT “HUMAN RIGHTS”
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
10
culture to another, always involves a choice of allowing which of the two voices to
dominate; as such, translation choices are both constituted by, and constitutive of, the
power relations between two cultures. Chang’s futile campaign for the inclusion of ren in
the UDHR is just the tip of an iceberg, but is nonetheless revealing of how translation has
been one of the tools contributing to the “globalization” of Western legal languages and
concepts in the aftermath of colonialism.
II.1. P.C. Chang’s Proposal of Including Ren in the UDHR and the Eventual
Exclusion of that Concept through Translation
The Commission of Human Rights held its first session in the UN’s temporary
quarters at Lake Success, New York in January, 1947. Eleanor Roosevelt was elected chair,
with P.C. Chang (張彭春) – head of the Chinese UN delegation – elected vice chair.
Charles Malik representing Lebanon was the rapporteur responsible for summarizing and
preparing official reports on the committee’s work. Out of the 58 Member States of the
United Nations in 1948, only the following assumed a major role in the drafting of the
UDHR: Eleanor Roosevelt (U.S.), Peng Chun Chang (Chinese), René Cassin (French),
John Humphrey (Canadian), and Charles Malik (a Western-minded Lebanese).
17
Jacques
Maritain, a Frenchman, also played a conspicuous role in the drafting from time to time.
Chang, the real minority among the framers,
18
had to repeatedly remind the committee that
17
I respectfully disagree with Glendon’s description of Malik as the “chief spokesman for the Arab
League” (Glendon xx). Despite Malik’s ethnic origin, he constantly upheld Western rather than Arab values,
and his arguments were always drawn from the Western tradition, such as his insistence on grounding human
rights in Thomism. In a footnote to the entry for October 11, 1948, for example, the editor John Hobbins
reports that at a four-person meeting of the officers of the Commission on Human Rights held in February
1947, "[Charles] Malik (Lebanese philosopher and diplomat) believed that the question of rights should be
approached through Christian precepts, especially the teachings of St. Thomas Aquinas. Chang argued the
necessity of a more universal approach” (Hobbins, vol. 1: 55-56, 58, and 88). John P. Humphrey also noted
Malik’s rigid belief in natural law: “Malik … `believed in natural law.’ He thought that `his chosen
philosophy provided the answers to most, if not all, questions, and his thinking was apt to carry him to rigid
conclusions” (23).
Malik was a Greek Orthodox Christian educated at the American Mission School for Boys and
the American University of Beirut before studying at Harvard under Alfred North Whitehead and in Freiburg
under Martin Heidegger.
18
Like Malik, P.C. Chang was thoroughly conversant in the Western intellectual tradition, and
obtained his doctorate under John Dewey at Columbia University. Unlike Malik, however, Chang had an in-
depth knowledge of traditional Chinese music and literature while being very well-versed in Western and
Islamic cultures. He was a playwright, musician, educator, and seasoned diplomat. Glendon reports Chang’s
openness and willingness to learn from different cultures:
When Chang was called to full-time diplomatic service in the 1940s, he brought to his first
ambassadorial posts in Turkey and Chile a genuine curiosity about other societies and an almost
missionary zeal to promote understanding of Chinese culture abroad. In 1942, for example, while
serving in Turkey, Chang accepted an invitation to Baghdad, Iraq, where he delivered two lectures:
http://en.wikipedia.org/wiki/Eastern_Orthodox_Church
http://en.wikipedia.org/wiki/American_University_of_Beirut
http://en.wikipedia.org/wiki/Alfred_North_Whitehead
http://en.wikipedia.org/wiki/University_of_Freiburg
http://en.wikipedia.org/wiki/Martin_Heidegger
SINKWAN CHENG
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
11
the Declaration was designed to be universally applicable (Glendon 146); as such, other
cultural perspectives ought to be respected (Chang 210).
On June 16, 1947, René Cassin presented his draft of Article 1 as “All men, being
members of one family are free, possess equal dignity and rights, and shall regard each
other as brothers.” It was then revised by the working group to "All men are brothers.
Being endowed with reason, they are members of one family. They are free and possess
equal dignity and rights." The insertion “endowed with reason” was the brainchild of Malik,
to which Chang proposed adding the Confucian concept of ren (which Chang translated as
“two-man-mindedness”)
19
to complete Malik’s idea of humanity and to “increase man’s
moral stature” (Chang 208) rather than merely protecting the interests of the disengaged
individual. “Others approved of Chang's idea,” noted Angle and Svenssen (208). But the
UK representative and the Western-minded Malik insisted on rendering ren as
"conscience." The term “brother” already in Cassin’s draft was also referred to as the
“equivalent” of ren. This way, ren got translated away and was replaced by two Western
concepts instead.
That Chang should feel increasingly disappointed with the drafting of the UDHR
should not come as a surprise. Despite the fact that Chang was praised by many (including
Eleanor Roosevelt and John Humphrey) as the “towering intellectual” on the UDHR
drafting committee, the most important contribution from Chinese culture on the subject
the first on reciprocal influences and common ground between Chinese and Arabic cultures; the
second on the relation between Confucianism and Islam. (133)
Glendon further elaborates on Chang’s true respect for cultures around the world as well as his enthusiasm for
encouraging international dialogue and cultural exchange:
Chang played a mediating role time and again throughout the third committee debates in the fall of
1948. The Chinese ambassador to the UN was uniquely suited for his role as explainer of the
Declaration to the committee's diverse membership. Then in his fifties, he had spent much of his
adult life trying to make China better understood in the West and familiarizing his own countrymen
with ideas from other traditions. As ambassador to Turkey from 1940 to 1942 and to Chile from
1942 to 1945, Chang had developed an interest in Islam and a sympathetic appreciation for the
problems of South American countries. A lover of Chinese high culture, he had pioneered in making
the riches of Chinese literature and theater accessible to Western audiences. It was scholarly P. C.
Chang, not the Disney Corporation, who first introduced Americans to the story of Mu Lan, the
brave girl who dressed as a boy, took her aged father's place in the army, and rose to the highest rank.
His English dramatization of the Chinese folk tale, performed at the Cort Theatre on Broadway in
1921 to raise money for famine relief in China, was well reviewed by the Christian Science Monitor
and The New York Times. (147)
19
Human Rights Commission, Drafting Committee, First Session (E/CN.4/AC.1/SR.8, p.2).
“Two-man-mindedness” is the best English translation I have seen so far for the Confucian concept
of ren. Note that ren is never gendered. But Chang used “man” in accordance with idiomatic English usage of
the time in order to avoid clumsy constructions such as “two-human-being-mindedness.”
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0CB4QFjAA&url=http%3A%2F%2Fen.wikipedia.org%2Fwiki%2FRen%25C3%25A9_Cassin&ei=I1Q8VdL2DeexsATMv4GIDQ&usg=AFQjCNGOwzOZcow9OS-yUBCMnZEw1HwlPQ
TRANSLATION, POWER HIERARCHY, AND THE GLOBALIZATION OF THE CONCEPT “HUMAN RIGHTS”
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
12
which Chang tried to introduce was not taken seriously.
20
Chang’s proposal of the
incorporation of the Confucius concept of ren (仁) – the core Chinese idea of humanity and
the code governing human interactions – was compromised as “conscience” and
“brotherhood” in the Universal Declaration of Human Rights. In fact, even “compromise”
is too weak a word. All the Western scholars I have read say that “Chang's suggestion was
accepted” (Glendon 67) when in reality it was trivialized. Ren was “translated” (better put,
“transformed”) into the Western political concept “conscience” at Malik’s suggestion – a
suggestion which Chang had no choice but to accept. Even then, Chang had to negotiate
with great efforts before the committee would eventually approve of adding the already
compromised expression “and conscience” after Malik’s thoroughly Western formulation
“endowed with reason.” The entire Article 1 reads as follows in English: “All human beings
are born free and equal in dignity and rights. They are endowed with reason and
conscience and should act towards one another in a spirit of brotherhood.” The rejection of
Chang’s proposal became even more glaring when the UDHR was translated into Chang’s
own language, with ren totally displaced by the Western concepts of “conscience” and
“brotherhood”: “人 人 生 而 自 由 ， 在 尊 嚴 和 權 利 上 一 律 平 等。 他 們 賦 有 理
性 和 良 心 ， 並 應 以 兄 弟 關 係 的 精 神 相 對 待 .”
Note that “conscience” and “brotherhood” in both the English and the Chinese
versions of the UDHR convey Western rather than Confucian concepts, predicated as these
20
Note that the drafting of the UDHR took place during the Chinese Civil War. P. C. Chang who
strongly recommended the Confucian concept of ren at the drafting stage of the UDHR was a representative
of the Republic of China. A determined opponent of the Communist ideology at the time, Chang was a major
ally of the Western liberal world. His political mission was to help accomplish a universal bill of human rights
rather than to challenge the idea with a readied mind like the socialist bloc. Nonetheless, as the discussions
unfolded, Chang felt increasingly alienated by the process. Glendon repeatedly attributes this to Chang’s
failing health and his disappointment with the U.S.’s indifference to the fall of China to Communism, without
attending to the frustrations behind Chang’s many disagreements with the committee’s Eurocentric position.
While using Mary Ann Glendon as one of his primary sources, Chu Xiao presents in his dissertation
the deeper causes for Chang’s frustrations. Note also that Glendon misses the cultural meanings of some of
Chang’s quotations of Chinese classics. For example, she thinks that a certain proverb used by Chang was
“addressed” to no one in particular” (151), when it was in fact a criticism directed by Chang at the hegemonic
voices of the major powers at the expense of those of the weak. The proverb in question is "Sweep the snow
in front of your own door. Overlook the frost on another's roof tiles.” Chu correctly grasps the negative tone
of this proverb and points out the following:
[…] there were usually some hot debates when touching social and economic
articles, like the one between western system of social security and the very different `Zeka’
system in some Muslim countries. Usually debates of this kind ended without any results.
The weak voice of disagreement would soon be neglected by the majority during the voting.
This kind of situation was once protested in vain by a representative from a small country
that the major powers were reducing "countries of lesser importance" to the role of "worried
and helpless spectators to their verbal duels." Chang offered some ancient wisdom about this
situation of big powers pursuing their own benefit by sacrificing those of the smaller:
"Sweep the snow in front of your own door. Overlook the frost on another's roof tiles.” (19;
my italics)
SINKWAN CHENG
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
13
words are upon individuals being “born free and equal” like all others. Cassin even
explicitly explained that his text alluded to the three fundamental questions of liberty,
equality, and fraternity (Lindholm 44) – that is, the three questions considered fundamental
by the French Revolution. As Tore Lindholm concludes, “The addition of `and conscience’
is, admittedly, a heavily westernized addition of a fundamental normative notion in
Confucian ethics…” Glendon herself felt uneasy about “conscience” and found it to be an
“unhappy word choice” (Glendon 67).
II.1.1.Contributions to the Drafting of the UDHR by the Chinese Representative
Chang repeatedly argued for the “humanization of man”
21
rather than “rights” as
the foremost mission of the Declaration. Not surprising. In the concept “human rights,” it is
“the human” that is truly universal, unlike “rights” which has no linguistic equivalents in a
range of languages. Furthermore, as a country which had lost 10,000,000 to 20,000,000
lives during World War II, the Chinese deeply felt that crimes against humanity were
committed not because of the absence of the concept of “rights” in the world, but because
the aggressors had lost their humanity (泯沒人性) and their capacity to feel for their
victims as human beings.
Chang’s eagerness to draw his colleagues’ attention to the Confucius concept ren
was not motivated by a desire to impose Chinese values on the world.
22
Rather, the first and
foremost referent of ren is “humanity” per se – the truly universal element in “human rights”
discourse. Furthermore, from the Chinese experience, all talk about “rights” would be
empty and meaningless if people were not “humanized” enough and if they could not
21
Chang made this proposal during the discussion of the UDH R at the General Assembly on
October 2. 1948, As I will elaborate, Chang took this notion directly from the Confucian idea of ren （仁）.
As explained in n. 19, ren （人）is not gendered in Chinese. Chang used “man” to avoid the awkward
repetition in favor of idiomatic English usage of the time.
22
In fact, Chang even refrained from imposing upon his colleagues’ attention any idea or practice in
Chinese culture that were without particularly universal relevance. He made this clear in his address to the
General Assembly on October 7, 1948:
While the declaration would no doubt be accepted by a majority vote of the Member States,
in the field of human rights the popular majority should not be forgotten. The Chinese
representative recalled that the population of his country comprised a large segment of
humanity. That population had ideals and traditions different from those of the Christian
West. Those ideals included good manners, decorum, propriety, and consideration for others.
Yet, although Chinese culture attached the greatest importance to manners as a part of ethics,
the Chinese representative would refrain from proposing that mention of them should be
made in the declaration. He hoped that his colleagues would show equal consideration and
withdraw some of the amendments to article 1 which raised metaphysical problems. For
Western civilization, too, the time for religious intolerance was over. (Angle and Svensson
210).
TRANSLATION, POWER HIERARCHY, AND THE GLOBALIZATION OF THE CONCEPT “HUMAN RIGHTS”
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
14
respect each other as human in the first place.
23
In other words, ren precedes rights not only
de jure but also de facto. The major powers of the West, by contrast, had tended to abstract
away the human which is the truly universal part, in its hypostatization of “rights” – a
Western value - as the be-all and end-all of discussions about oppressions or crimes against
humanity. Above all, Chang was concerned that, by replacing discussions about the human
with rights discourse, the committee missed out on alternative or perhaps even better
solutions that other cultures might have to offer concerning issues prompting the drafting of
the UDHR. Chang’s pleading was trivialized and compromised by the mistranslation of ren
by Malik and the British representative — a mistranslation that in reality imposes an alien
meaning.
24
II.1.2. Confucianism and the Philosophes’ Formulations of Rights Discourse
It is not surprising that in calling for humanizing humanity, P.C. Chang drew
extensively from Confucius whose humanism had greatly impressed the philosophes in the
Enlightenment, including important founding fathers of rights discourse such as
Montesquieu, Voltaire, Rousseau, and Quesnay.
25
The Enlightenment philosophes are widely credited for their important contributions
to discourse about human and citizen rights. Yet hardly anyone writing on human rights has
mentioned how such important Enlightenment thinkers drew inspiration from
Confucianism to formulate their ideas of “rights” in their struggles against various forms
of tyranny — including the tyranny of the church and the tyranny of absolutism. P.C.
Chang, the “towering intellectual” on the UDHR drafting committee, tried to highlight this
link and the many contributions Confucianism could make to an international document
seeking to prevent atrocities against humanity. In the discussion on the UDHR at the
General Assembly all October 2, 1948, for instance, Chang pointed out the following:
In the eighteenth century, when progressive ideas with respect to human rights had
been first put forward in Europe, translations of Chinese philosophers had been
23
This is the position animating my book manuscript Translation, Concepts of `Right,’ and the
Opium Wars: A New Historical Method and a New World History. I argue for the primacy of the “human” in
“human rights”: “rights” ought to be at the service of the “human” and not the reverse. I draw attention to
the living human being which has been increasingly trumped by abstract discussions of rights in the modern
West. From the Vietnam War to Iraq, “rights” have been set above the “human” and hence the trivialization of
human lives in defence of “human” rights. From colonialism to the wars on terror, liberal countries have their
shares of human rights violations, not because of their lack of belief in rights, but because of their inability to
feel for the Other as human. The Other is abstracted away as an idea or an aggregate of stereotypes.
24
I wish to thank Joan Scott for this suggestion.
25
All of these thinkers had paid tribute to Confucius in their writings.
SINKWAN CHENG
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
15
known to and had inspired such thinkers as Voltaire, Quesnay, and Diderot in their
humanistic revolt against feudalistic conceptions. Chinese ideas had been
intermingled with European thought and sentiment on human rights at the time
when that subject had been first speculated upon in modern Europe. (Chang 207)
Due to space limitations, I will only be able to briefly point out Confucius’s
influence on Voltaire’s development of “rights.” Voltaire was widely known for his
admiration for the rationalistic meritocratic foundation of Confucian politics in contrast to
royal absolutism and Christian dogmatism. Take, for instance, Voltaire’s fascination with
Confucius’s “revolutionary”
26
substitution of noble character for noble blood as the
foundation of authority. Junzi (君子), the expression literally meaning "the child of a lord"
and was reserved in Zhou Dynasty for aristocrats, was used by Confucius to designate a
person of noble character regardless of his birth origin. No less “revolutionary” were
Confucius’s efforts to champion education for all regardless of birth origin (Analects XV,
39).
In The Orphan of China and elsewhere, Voltaire expressed admiration for
Confucian ethics and discussed his vision of an open-minded Confucian monarch who
would guarantee social equality and harmony. Under Voltaire’s tutelage, Frederick the
Great wrote Anti-Machiavel, a point-by-point refutation of The Prince based on
Confucian ideas of rational and benevolent statesmanship. Frederick’s ideal monarch
charged with maintaining the well-being of his people was in many ways reminiscent of
Confucius’s virtuous ruler. The strong Confucian color of the text might have been further
reinforced by Voltaire’s extensive revision when he took over the manuscript in 1740.
27
Confucius’s inspirations on Voltaire’s development of ideas of “rights” is also
evident from the following:
Confucius has no interest in falsehood; he did not pretend to be prophet; he claimed
no inspiration; he taught no new religion; he used no delusions; flattered not the
emperor under whom he lived: he did not even mention him. (Philosophical
Dictionary; my italics)
An enlightened rational thinker, Voltaire admired Confucius’s secular politics and, above
26
I put “revolutionary” in parenthesis because, while these Confucian ideas and practices might look
“revolutionary” to feudal Europe, they were deemed by pre-modern Chinese society to be in keeping with
“cosmic reason” even though they went again previous feudal structures. In pre-modern Chinese thoughts,
“cosmic reason” prevailed over human law (including the government), which allowed more room than the
West at that time for social reform and even for resisting tyranny. For example, as early as Mencius (403-221
B.C.), tyrannicide was regarded as a righteous act serving the well-being of the general populace.
27
A combined edition is available with Voltaire's emendations printed as footnotes.
http://en.wikipedia.org/wiki/The_Prince
TRANSLATION, POWER HIERARCHY, AND THE GLOBALIZATION OF THE CONCEPT “HUMAN RIGHTS”
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
16
all, Confucius’s argument for meting out respect and granting offices on the basis of
people’s merits rather than superstitions of either a religious or a social-political kind (an
example of the latter being the worship of royalties). Confucius did not just bracket religion
from politics. He “did not even mention [the emperor],” because for him, authority
originates from one’s virtue (德) and abilities (能), and not from raw power. Confucianism
sets authority (威望) above power (權力) – one articulation of which being its advocacy of
kingly rule
28
(wangdao 王 道 ) and strong criticism of tyrannical rule (badao 霸 道 ).
Confucius and his followers contrasted ruling by authority to ruling by power, ruling by
right to doing so by might, or – in the language of the Confucians – ruling by kindliness
and benevolence rather than practising coercion and intimidation.
29
Confucius’s idea of
ren-rule (仁政) enjoined prioritizing the interest of the people rather than that of the ruler,
in contrast to ruling by power or ruling in one’s self-interest. Mencius, one of Confucius’s
distinguished devotees, famously advocated that “The people matter the most, the ruler
little; the country weighs even less ( 民 爲 貴 ， 君 爲 輕 ， 國 家 次 之 )” (“On Full
Commitment II,” Mencius 《孟子 · 盡心章句下》 ). Confucianism, in other words,
emphasizes the well-being of the people as the first duty of their ruler. Putting to good use
Confucius’s ideas in his formulation of “rights,” Voltaire argued that the primary duty of a
government is to recognize and secure the rights of its people.
No less important for Voltaire’s formulations of “rights” was Confucius’s idea of
ruling with the support and approval of the people. Confucius believed that virtuous rule
(rule by authority) would be the only successful way to rule, because in order to stay in
power, the ruler depends on the support of his/her own people. Authority, unlike power, has
the consent and the recognition of the people who look up to
30
their leader and follow
him/her of their own accord. Coercion would only induce hatred and rebellion, whereas
ruling by authority means that one has the support of one’s own people. Mencius further
explains the importance of ruling with authority or ruling with the consent of the people:
“Subduing others by force goes against their heart and could succeed only when they do not
have sufficient strength to resist. Ruling with virtues, by contrast, induce joyful and sincere
consent from people’s hearts, an example being Confucius’s seventy disciples who
followed him wholeheartedly (以力服人者，非心服也，力不贍也；以德服人者，中心
28
I have also rendered wangdao as “magnanimous statesmanship.”
29
Confucianism’s prioritization of authority above power explains why the Chinese are eager to
trace their ancestry not to royalties, but to Confucius and other virtuous figures who, through their concrete
contributions to society, have truly earned people’s respect.
30
Connotations of “looking toward” and “looking up to” can be easily found in Chinese expressions
describing the voluntary following which authority inspires, such as 衆望所歸 (literally meaning “the one
whom everybody looks up to”) and 威望 (comprised of two characters, signifying respectively “charismatic”
and “the focal point of everyone’s regard”).
SINKWAN CHENG
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
17
悅而誠服也，如七十子之服孔子也)” (“Gongsun Chou I,” Mencius 《孟子 · 公孫丑
上》).
II.1.3 What Ren Could Have Contributed to the UDHR
“The human” is the central concern of Confucianism. It is not surprising that P.C.
Chang repeatedly drew from Confucianism to argue for a UDHR that would truly be of the
human, for the human, by the human. Chang firmly believed that a better world for
humanity could be achieved not by insisting on rights, but by cultivating ren (仁) – by
kindness and compassion arising from an existential and emotional connectedness to other
human beings and an understanding of one’s co-humanity
31
with one’s fellow human
beings. The word ren (仁) features a combination of the characters “human being” (人) and
two (二). The number “two” is figurative rather than literal, suggesting that human beings
can become truly human and humane only by cultivating their co-humanity (ren) with
fellow human beings, and by treating each other with kindness and benevolence.
The existential and emotional connectedness between human beings which
blossoms forth as ren finds one of its powerful expressions in compassion – one of the
many meanings of ren – a meaning that is also borne out in the etymology of roughly
equivalent Western terms such as “compassion” or Mitleid – that is, “suffering together” or
suffering the Other’s suffering.
32
The Other’s (well-)being is at stake for my being,
33
as
31
“Co-humanity” is Peter Boodberg’s suggested rendition for ren which is also regularly translated
as “humanity.”
32
The Oxford English Dictionary defines “compassion” as “suffering together with another,
participation in suffering; fellow-feeling, sympathy,” evident in its etymology: the conjoining of com-
(“together with”) with pati (“to suffer”).
33
The key spirit of ren – crystallized in the sentiment that “the Other’s (well-)being is at stake for
my being” – highlights human beings as existentially and emotionally connected to each other. Note that
existentialism does not have to depend on individualism. Existentialist Marxism provides one good example;
Catholic existentialism provides another.
A close reading of ren – what I undertake to do in this essay – helps to make clear that the real
foundation of existentialism is not individualism but “passionate inwardness.” Ren carries with it a strong
existential impetus, not the least because of Confucianism’s groundedness in inner feelings, sincerity, honesty,
conviction, and commitment — that is, groundedness in the heart (心) and its commitment to the (well-)being
of other human beings as at stake for one’s own being. Passion has an intentional structure. To be passionate
about something requires opening oneself to being moved by another and toward another. Interestingly,
Aristotle describes virtues as dependent on cultivating not just the right kind of actions but also the right kind
(and degree) of passions. The existentialist subject does not passively await being impressed upon by the world.
Rather, through care, the subject actively relates to the world as "that which is at stake for me." The existentialist
subject thus actively assumes the suffering of the Other as duties emanating from his/her own existence in the
world, by experiencing the Other’s pain as at stake for his/her own moral and emotional being.
TRANSLATION, POWER HIERARCHY, AND THE GLOBALIZATION OF THE CONCEPT “HUMAN RIGHTS”
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
18
Mencius admonishes of rulers by reminding them of the practices of some of their virtuous
predecessors: “For Yu, his people’s drowning is his own drowning; for Zhi, his people’s
hunger is his own hunger. Hence their anguish and desperation.” This Confucian sentiment
finds kindred spirit in the Jewish proverb: “The other’s material need is my spiritual need.”
The other’s material need concerns my spirituality because, in between choosing my
starvation or the Other’s starvation, in between choosing my self-preservation and the
preservation of the Other, my moral freedom and my being (as a human being) is at stake.
The Other’s material need is thus infinite – not necessarily because the Other’s material
need is endless, but that my concern for the Other’s physical need is infinite, as infinite as
my spirituality (or, in Confucian terms, the Other’s physical need is as infinite as my
humanity).
Of particular importance is how, in contrast to “rights,” ren appeals to human
sentiment such as compassion. Being connected to each other creates a society in which
helping others means helping oneself, and harming others means harming oneself. People
who feel emotionally connected to each other – who understand their co-humanity with one
another – would thus wish to bring others good rather than harm. On this point, Hegel
makes the same observation as Confucius and P.C. Chang: where there is love, there is no
need for law/rights – the latter a clumsy and ineffective attempt at “damage control” in the
absence of love.
34
This is the reason why Chang suggested adding ren after the phrase
“endowed with reason” promoted by Malik as central to the UDHR’s opening declaration
about humanity. “Reason” (one popular translation for 理) existed in traditional Chinese
thoughts also. But ren – that is, kindness, compassion, humaneness – is much more
dependent on human sentiment and feelings than reason. Contrary to dominant modern
political thoughts in the West, ren seeks to move people toward the right by compassion for
the sufferings of the concrete Other, instead of relying on abstract reasoning and arguments
against infringing on other people’s rights.
35
The subjective passion of the existentialist subject, in other words, opens him/her to the world and
makes that world concrete and meaningful for his/her existence. Far from cutting the subject off from the
world, the existentialist passion makes the world available to the subject in its full concreteness. As I explain
in my essay “The Novel and the Burger,” it is this subjective opening to the outside world that allows one to
see, and be connected to, the concreteness of the pain of the Other, and to hold fast to it with a subjective
certainty and passionate inwardness. Rethinking Kierkegaard via Confucianism, “passionate inwardness” is
achieved – one’s own being is authenticated -- when the Other’s suffering and well-being are actively
assumed as one’s own. Ren is an embedded humanism, not least because of its nature as an (inter-)
subjectively swayed sense of morality.
In sum, existentialism can be intersubjective as much as it can be subjective. See my essay “The
Novel and the Burger” for a related analysis of how the existential can be fruitfully combined with the social
and the political.
34
See Hegel’s Early Theological Writings.
35
Note that rights discourse reduces not just the Other but also the “right-bearing subject” to an
abstract individual.
SINKWAN CHENG
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
19
While ren ( 仁 ) is often translated as “humanity” or “benevolence,” note the
differences between Confucianian and liberal understanding of “humanity.” Contrary to the
liberals, Confucian understanding of humanity is grounded not in the inviolable rights of
the individual, but in human beings as always already in relation to others – existentially
and emotionally. From this arises the Confucian emphasis on duties rather than rights.
Confucius ethics and politics speaks only of duties and not rights. Duty pertains to what I
owe others; right concerns what others owe me. However, the Confucius sense of duty
arises from one’s emotional connections to others; as such, one becomes autonomous
rather than heteronomous in the performance of duties. I have duties toward my children,
parents, and fellow human beings, because I feel emotionally connected to – even identify
with – the sufferings of my parents, children, and fellow human beings. The Other’s hunger
is my hunger; I would rather I starve than let the Other starve. I sacrifice myself for others
not because I am coerced to, but because I feel for them and so I want to.
36
In a ren-based
society, duty is not coerced; rather, it comes of one’s own will and love; as such, the
realization of one’s duties is also the realization of one’s own will and one’s own authentic
Henry Rosemont Jr. explains how in Confucianism “an abstract individual I am not, but rather a
particular son, husband, father, grandfather, teacher, student, colleague, neighbor, friend, and more. In all of
these roles I am defined in large measure by the other(s) with whom I interact, highly specific personages
related to me in one way or another; they are not abstract autonomous individuals either.”
What I wish to add to Rosemont’s observation is that the concreteness of both oneself and the Other
in Confucianism arises not merely from their familial and social relations. Relations externally imposed have
no meaning and concreteness. Confucianism had the power to move so many people into ethical actions –
incidents easily found in Chinese historical records and the reports of the missionaries -- first and foremost
because of the Confucian emphasis on the heart (心) and the genuine feelings animating such relations –
feelings which allows human beings to experience the living human reality of each other. This is the reason
why familial relations are foundational in Confucianism. In love, the Other appears to me in his/her full
concreteness -- as a living human being with human feelings and vulnerabilities. Familial affection is thus an
effective first step taking one outside oneself to care for another. On that basis, Confucius encourages
extending one’s care beyond the family to wider and wider circles, beyond one’s community also, until one
loves and cares for the entire humanity as oneself. This final stage — described by Confucius as Datong (大
同, meaning “the Grand Togetherness of Humanity”) -- is the ultimate manifestation of the true spirit of ren,
and the true nature and end (telos) of humanity. See my “Confucius, Aristotle, and a New `Right’ to Connect
China to Europe” for a more detailed discussion.
This difference between Rosemont and myself partly explains my insistence on the necessity of
taking into account the existentialist dimension of ren in order to get at the true spirit and power of
Confucianism. See n. 32.
36
In contrast to liberalism, duty for Confucianism is existential rather than contractual. One does not
“play” one’s roles; one lives them (Rosemont). One commits oneself to one’s duties as an emperor, a minister,
a parent, a child, . . . , not out of a desire to trade the fulfilment of one’s duties in return for others’, but
because if one does not fully commit oneself to one’s duties as an emperor, one is no longer an emperor (君不
君); likewise with all other roles one assumes as a human being (“Yan Yuan” XII, Analects《論語 ‧ 顏淵第
十二》). Confucian roles and identities, in other words, are not essentialized private properties. They are
instead existential, defined by one’s commitments and actions.
TRANSLATION, POWER HIERARCHY, AND THE GLOBALIZATION OF THE CONCEPT “HUMAN RIGHTS”
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
20
being.
37
In societies based on liberal rights that configure people as separated individuals,
duty is externally imposed as a necessary evil to which one submits in exchange for the
respect of one’s rights from others. Duty in a right-based society thus has a negative and
heteronomous ring. As a result, people in liberal societies tend to demand rights and shun
duties, as Gandhi and feminists such as Gilligan have elaborate.
38
By contrast, in a ren-
based society, the fulfillment of duty is also the fulfillment of one’s emotional inclinations,
even the full flowering of one’s inner being because duty arises from, and returns to, love.
The emotional and existential togetherness of two human beings as designated by
ren (仁) can be very suggestive for rethinking human rights, including:
Ren teaches that we attain full humanity only in being emotionally and
existentially related to other human beings:
Hence in traditional Chinese, a villain – someone unkind to others – is referred to as
a “human being in a diminuitive form” (小人), meaning that s/he has not realized
his/her human capacity (including emotional capacity) and as a result is not quite
capable of being kind and humane to others. Human rights, in other words, rely on
our reaching our real human capacity (ren 仁) in the first place –in the sense of
being capable of connecting to other human beings existentially and emotionally.
39
On this basis, ren could also serve as a preemptive reminder that unilateral action
could easily degenerate into violation of rights because it violates what makes us
“human” in the first place.
37
Ren was the backbone of Chinese political philosophy until the mid-twentieth century. Even in the
period when China was facing the threat of subjugation, major intellectuals urging reforms and revolutions of
Chinese politics by assimilating Western ideas nonetheless insisted on the political merits of ren and most
continued to make it central to their political thoughts while adopting Western ideas. The political thoughts of
Kang Youwei, Tan Sitong, Liang Qichao, and Sun Yat-sen provide just some of the many good examples.
38
Gandhi, for example, observed that in liberal democracy, people "discuss political obligation as if
it were a kind of moral tax extracted from us by a coercive government, rather than as an expression of our
commitment to uphold and improve the quality of the shared life" (Parekh 19).
39
The drafting process of the Universal Declaration of Human Rights could have been more smooth
if Chang’s colleagues had taken his recommendation of ren more seriously. The co-humanity enjoined by ren
should draw attention to the fact that the protection of human rights itself could only be achieved if different
people and countries could work together in human fellowship instead of each insisting on its own right to its
own opinion and action.
SINKWAN CHENG
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
21
In sum, “rights” must be guided by the “human” — not the other way round -- if
human rights are to be protected.
Both parties in ren are human beings insofar as they really exist as fully
human for each other – insofar as both are recognized by the other as alive with
human feelings and vulnerabilities, with neither one side being instrumentalized,
objectified, abused, or dehumanized by the other:
Ren does not merely make clear that humanity is possible only when there is more
than one human being. By enjoining the co-presence of (at least) two human beings,
ren teaches that we attain full humanity only in being related to another human being
as human. In ren, the Other is a living presence and not an abstract idea, least of all
an instrument. The “two human beings” in ren requires that the relationship is
between an “I/Thou” rather than an “I/It.”
40
For one party to slight,
41
trivialize, or
objectify the other (not to mention abusing or dehumanizing the other) would thus
necessarily be anti-ren or anti-humanity (不仁).
42
Ren, in other words, already
includes within it Kant’s enjoinment that we treat other human beings as an end
rather than a means, but with the major difference that the ethical impetus of the
former originates from the heart rather than the head, from human beings’
interrelated selves rather than an autonomous self.
Ren depicts human beings as existing in the full living presence of other selves, and
that the self acquires reality only insofar as it is genuinely relational. In ren, human
beings exist for each other, in each other, and through each other not as abstract
conceptions, but as ontological realities with an overwhelmingly meaningful
presence. As such, ren can be regarded as “a human home built from relations of
mutual confirmation.”
43
Understanding the nature of being human as being
40
The full presence of the Other to my being and even in my being in Confucian thought can be
fruitfully compared to Martin Buber.
41
This is the reason for traditional Chinese culture’s strong emphasis on being concernful toward
others’ feelings and refraining from causing anyone to “lose face.” To deprive the other’s self-esteem is to
deprive the person of his/her humanity (which includes his/her human dignity). And since humanity (仁) is by
default a co-humanity (仁), to dehumanize the Other is to dehumanize oneself; as such, it is an act of anti-
humanity (不仁).
42
It is because of this injunction for us to recognize other human beings as human beings, the
coexistence of two human beings (仁) must necessarily mean being compassionate, benevolent, and humane.
Otherwise, the coexistence of two people could also produce a Hobbesian scenario of the “war of all against
all” — a scenario based on a view of a world befouled by original sin.
43
The co-presencing of two human beings in Buber’s “I/Thou” relationship resonates beautifully the
spirit of co-humanity in the Confucian ren. The formulation here is appropriated from
Sarah Scott’s description of Buber’s philosophy.
TRANSLATION, POWER HIERARCHY, AND THE GLOBALIZATION OF THE CONCEPT “HUMAN RIGHTS”
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
22
interrelated necessarily precludes instrumentalization – all the more so because ren
requires both sides to be human, so that when one party dehumanizes or objectifies
the other, the aggressor automatically becomes dehumanized or objectified also. This
explains ren’s efficaciousness for preventing aggressions. It is by construing
humanity as two (rather than one) human beings (仁) that ren necessarily precludes
destroying another human being – because without the other, one is not human.
Ren in this way could provide the foundation for realizing a number of aspirations
of the UDHR which the latter has failed to accomplish by relying on the many
elaborations of abstract notions of “rights.” By “rehumanizing human beings” – by
teaching them to treat each other as human beings – people would of their own
accord refrain from “barbarous acts which have outraged the conscience of
mankind” (Preamble), support “rebellion against tyranny and oppression”
(Preamble), “promote the development of friendly relations between nations”
(Preamble), and “promote social progress and better standards of life in larger
freedom” (Preamble), thereby establishing the real “foundation for freedom, justice
and peace in the world” (Preamble). Ren includes and even goes beyond acting in
accordance with “conscience” and “spirit of brotherhood” (Article 1). People
abiding by the principle of ren would of course respect others’ “life, liberty and
security” (Article 3), would not subject others to slavery (Article 4), nor “to torture
or to cruel, inhuman or degrading treatment or punishment” (Article 5). A state
operating on the principle of ren would not subject its people to “arbitrary arrest,
detention or exile” (Article 9), and would make sure that they are well provided for
(Articles 22 and 25). It would also promote education and provide such
opportunities for its citizenry (Article 26). A ren society would by default be built
on the belief that “everyone has duties to the community in which alone the free and
full development of his personality is possible” (Article 29).
From the mutual recognition of each other as beings alive with human
feelings, human dispositions, and human vulnerabilities arises a human way of
existing as concernful beings toward each other – the other’s (well-) being is at
stake for my being. Hence the association of ren with compassion, benevolence, etc.
Given that ren arises from human beings’ relations to each other as flesh-and-blood
living human beings, the attunement to each other as human in his/her full capacity
for feelings and vulnerabilities gives rise to compassion and kindness. Com-passion,
literally meaning “suffering together,” is the true meaning of human co-existence –
that is, the ability to suffer the suffering of the Other. Existence is existence as
concernful being toward one another – a Fürsorge to the extent that the Other’s
(well-)being is at stake for my being. It is ad alterum in a radical sense, a real
altruism that takes one outside oneself toward a full commitment to the Other. This
commitment Confucius calls zhong ( 忠 ; a very inadequate translation being
SINKWAN CHENG
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
23
“loyalty”) – a commitment that Confucius urges to be applied not only in one’s
relations to the ruler but to all human beings – that is, to the Other.
44
From this
arises the associations of ren with compassion, kindness, and benevolence –all of
which are necessary but inadequate characterizations of the deeper significance of
ren that gives Confucian culture the reputation for its humane, nurturing, and
wholesome sentiment (富人情味).
II.1.4. The Disappearance of Ren from the UDHR via the Politics of Translation
The very essence of ren – that human beings can be truly human and humane only
in their emotional and existential togetherness – is compromised right from the opening of
Article 1. Both the human condition being described by ren and its efficaciousness for
neutralizing aggressions are being undermined by the liberal assertions of human beings as
“born free” with “rights.” According to Confucianism, the moment human beings are
born, they owe their existence – both their arrivals on earth and their upbringing – to their
parents; as such they owe their family ethical duties. Human beings are born into duties,
and not rights – in that their own survival from their inception would have been impossible
without the continuous help and support of others. Deeply indebted as they are to others,
they are never regarded as in the modern West to be “free” from ties and duties – a
“freedom” that makes possible the modern Western move of grounding the individual in
“rights.” Far from insisting on one’s rights, the Analects advocates “overcoming self-
interest to restore civility” (剋己復禮).
Ren’s efficaciousness for preventing aggressions is also neutralized by Article 1’s
construction of human beings as disengaged individuals “born free” with rights. It is by
construing humanity as two human beings rather than one ( 仁 ) that ren necessarily
precludes destroying another human being – because without the other, one is not human.
Needless to say, the injunction of “overcoming self-interest to restore civility” (剋己復禮)
also helps to displace conflicts over self-interests and rights with peace and civility. In
contrast to ren which begins with the human duties two inter-dependent people owe each
other, rights begins with the independent right-bearing subject. Rights pertain to what
others owe me, and as such easily gives rise to conflicts. By contrast, duty pertains to what
I owe others, and its focus is on compassion and benevolence.
Ren’s emphasis on human inter-dependence rather than in-dependence is further
twisted by its (mis-)translation as “conscience” and its place in relation to “rights” in
44
Zhong and shu are so central to the realization of ren that Confucius’s disciple Zengzhi (曾子)
even observes that “The Master’s way can be summed up as zhong and shu” (夫子之道，忠恕而已矣) ”
(“Residing in Ren,” The Analects 《論語·里仁》). According to Zhu Xi’s Annotations （《朱熹 集注》）,
“Zhong refers to a full commitment to others’ well-being, and shu the ability to `put oneself in another’s
place’ (盡己之謂忠，推己之謂恕).”
TRANSLATION, POWER HIERARCHY, AND THE GLOBALIZATION OF THE CONCEPT “HUMAN RIGHTS”
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
24
Article 1. The communal foundation of ren is immediately distorted by the solitary
character of the “inner voice of conscience” of the Western ethico-political subject. It is
telling that, instead of being grounded in duty the way ren is, “conscience” is grounded in
rights, as is clear from Article 18: “Everyone has the right to freedom of thought,
conscience and religion” (my italics).
45
Although the “conscience” in Article 1 is not the
same as the “conscience” in Article 18, the two are intimately connected in Western
political thoughts.
Significant also is that “conscience” and “brotherhood” (the two terms meant to
render ren) are being accorded merely secondary importance to humanity in Article 1 by
being placed in the second sentence – almost as an afterthought – following the declaration
about rights in the first sentence. In other words, the least self-regarding concepts in the
article are subsumed under the premise of the protection of self-interest against possible
infringements by others. The predication of duty on rights is further made explicit in #2 of
Article 29, which reads: “In the exercise of his rights and freedoms, everyone shall be
subject only to such limitations as are determined by law solely for the purpose of securing
due recognition and respect for the rights and freedoms of others and of meeting the just
requirements of morality, public order and the general welfare in a democratic society.”
Moreover, the Western notions of “conscience” and “brotherhood” are simply too
passive compared to the ethical duties enjoined by ren. The prioritization of the Other
above the self enjoined by ren – a principle that sets duty toward others before
consideration for oneself – is distorted as “equality” (“equal in dignity and rights”). In
particular, the term “brotherhood” is an ill-fit for ren, the latter being an ethical duty
irrespective of any sense of solidarity, between the parties concerned. Ren is based neither
on reciprocity nor solidarity and is simply a duty that one owes others qua being human.
And at any rate, “brotherhood” is too big a compromise even for xiongdi (兄弟) in classical
Chinese, not to mention for ren. The strong emotional overtone denoting life-and-death
45
The grounding of conscience in rights and in the solitary subject is also evident from the “four
basic principles” proposed by Malik to guide the work of the Commission. Malik practically refers to the
“suprem[acy]” of the “individual’s freedom of conscience” to argue for the priority of the individual to the
collective in his definition of “man” and “human rights:
First, the human person is more important than any national or cultural group to which he
may belong. Second, a person’s mind, conscience, and inherent dignity are his most sacred
and inviolable possessions. Third, any pressure from the state, church, or any other group
aimed at coercing consent is unacceptable. Fourth, since groups as well as individuals may
be right or wrong, the individual’s freedom of conscience must be supreme. (H. Malik 27)
Not surprisingly, Malik’s position was endorsed by Eleanor Roosevelt: "I think we do have to make
sure, in writing a bill of rights, that we safeguard the fundamental freedoms of the individual" (Charles Malik,
38-39). Cassin likewise agreed with Malik on the overriding importance of “an individual’s freedom of
conscience” which "gives man his value and dignity" (Ibid., 42-43).
SINKWAN CHENG
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
25
mutual commitment in the classical Chinese xiongdi relationship is missing in the UDHR—
based as “brotherhood” in the Declaration is on legal rather than ethical language.
46
Last, but not least, despite the efforts of Chang to highlight the importance of duty,
and despite the demand of different states from Latin America to include a list of the duties
of individuals (Angle and Svensson 208), the drafters “explicitly ruled out producing a
catalogue of individual duties or constructing a framework in which individuals forfeited
their rights if they failed in their responsibilities” (Klug). In contrast to the detailed layout
of a list of rights, the UDHR merely states in general terms in Article 29 the duties owed by
individuals to the community. Other than that, duty is enjoined in purely negative and
passive terms: as the limitation on individual rights by the rights of others and by the
overarching authority of the United Nations. The positive connections of duty to love,
compassion, and humanity so strong in ren evaporate into thin air in the UDHR:
(1) Everyone has duties to the community in which alone the free and
full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject
only to such limitations as are determined by law solely for the purpose of securing
due recognition and respect for the rights and freedoms of others and of meeting the
just requirements of morality, public order and the general welfare in a democratic
society.
(3) These rights and freedoms may in no case be exercised contrary to
the purposes and principles of the United Nations. (Article 29)
The hegemony of Western legal concepts is further facilitated by each round of the
translation of the UDHR. Ren, which was greatly distorted when being translated into
English, was not restored to its original when the UDHR was translated into Chinese. Quite
the contrary, ren totally disappeared when the document was translated into Chang’s own
language. With each round of translation, Western legal concepts gained further hegemony.
It should by no means be surprising that rights discourse has drowned out other voices and
other traditions of organizing social and political relations: the close knitting of translatio
studii and translatio imperii have brought about a global hegemony of Western legal
concepts.
46
The separation of ethics and politics is a liberal Western thought, tied as it is to modern European
history. This is not a separation commonly subscribed to outside the modern West. Socrates, Plato, and
Aristotle, no less than Gandhi and Confucius, detect the danger of politics’ easy alliance with brute power and
corruption once it is separated from ethics.
TRANSLATION, POWER HIERARCHY, AND THE GLOBALIZATION OF THE CONCEPT “HUMAN RIGHTS”
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
26
II.1.5. The Total Eclipse of Ren in the Chinese Translation of the UDHR, and the Eclipse of
“the Human” in Human Rights Discourse
As it was, when the UDHR got translated into an official Chinese version, Western
legal concepts and terminologies reigned supreme. Contributions from Chinese culture and
political thoughts as Chang proposed, so misrepresented by the original English version of
the Declaration, even vanished entirely in the Chinese translation. Take, for example, the
Chinese translation of Article 1: “人 人 生 而 自 由 ， 在 尊 嚴 和 權 利 上 一 律 平 等。
他 們 賦 有 理 性 和 良 心 ， 並 應 以 兄 弟 關 係 的 精 神 相 對 待 .”
Little wonder that the bourgeoning of rights discourse since the UDHR has not been
able to bring about the peaceful co-existence of humanity. Along with the eclipse of ren was
the eclipse of “the living human” by abstract ideas of “rights” in the UDHR, and the
drowning out of co-humanity by the inevitable, mutually conflictual assertions of self-
interest in the age of rights. Martin Buber connects the “Eclipse of God” to the “Eclipse of
Man.” In Confucianism’s entirely humanistic language, the “Eclipse of Co-Humanity”
results in the “Eclipse of Humanity” -- including the possessive individual’s own humanity.
As Tore Linholm also notices, “in June 1947 ren was not included in the official
Chinese text of Article 1. The English word conscience (and similar words in French and
Spanish) was retranslated (probably by the Secretariat) as liangxin, which is not a classical
but modern Chinese term used as translation for `western notion of conscience’” (Linholm
43-44 n. 13). The same with “兄 弟 關 係” – a modern Chinese rendition of the Western
political notion of “brotherhood” with no emotional ring of the classical Chinese yiqi (義氣）
which committed xiongdis to stand fast by each other even unto death. What is at issue with
both ren and yiqi in classical Chinese is an emotional and existential bonding that would
incline people toward selfless actions toward each other, in contrast to the legal and
contractual language of “rights” and “brotherhood” which have to compel obligations
externally through impersonal legal or social force. In the realm of liberal notions of law
and social contract, duties take on a negative ring because they are externally compelled
(by law and society) and do not arise from the subject’s own will and emotional
inclinations. To the extent that legal obligations are not based on love and do not arise
from the subject’s own will, the imposition of such obligations would only provoke
rebellion, resulting in attempts to evade or violate them, as Hegel points out in Early
Theological Writings. Which explains Chang’s emphasis that the foremost mission of the
UDHR should be the “humanization of man” rather than endless elaborations on abstract
notions of “rights.”
Repeatedly, the core spirit of ren – the emotional and existential togetherness of
human beings – is compromised away by translations in the drafting and the dissemination
of the UDHR. Chang sees the efficaciousness of ren in preventing humanly engineered
brutalities and atrocities by emotional induction of people into good conduct through
SINKWAN CHENG
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
27
appealing to emotions such as compassion for the concrete sufferings of the Other, instead
of counting on human beings’ abstract reasoning about the wrongfulness of infringing on
other people’s rights.
47
However hard Chang tried to get his colleagues to see the important
contributions that ren could make to world peace and the well-being of humanity, his points
were repeatedly trivialized. Despite Chang’s good-will efforts to work with his colleagues
by compromising with Malik and the British representative’s distorted translation of ren as
“conscience,” his attempts to cooperate with his colleagues were not appreciated. Quite the
contrary. Malik further bent ren into Western modes of thinking by insisting that “his
intention was for the words “reason” and “conscience” to be seen “as a function on the
level of knowing’” (Morsink, 299). Malik pointed out in particular that “nature, conscience
and reason […] had originally appeared in both the French and United Kingdom texts”
(Morsinck, 298). No wonder that during the discussion of the final version of Article 1,
Chang proposed eliminating that “controversial” clause claiming that human beings “are
endowed by nature with reason and conscience” (Glendon 112).
Glendon attributes Chang’s final proposal to his dark mood about America’s
passivity in the face of the impending fall of his government to the Communists (Glendon
112), without realizing the real source of P.C. Chang’s frustrations. While she does note the
following speech given by Chang addressed to the General Assembly on December 10,
1948, she does not reckon with Chang’s disappointment with Western obliviousness to
possible contributions from other cultures -- especially on the importance that duty, rather
than rights, might be the key to world peace and the prevention of further human
engineered atrocities:
The effort of the Chinese delegation, he [Chang] said, had been to promote a spirit
of sincere tolerance of the different views and beliefs of one's fellow men. He
blamed ''uncompromising dogmatism" for accentuating disputes, saying that there
was at the present time "a tendency to impose a standardized way of thinking and a
single way of life." With that attitude, he concluded, "equilibrium could be reached
only at the cost of moving away from the truth, and employing force. But however
violent the methods employed, equilibrium achieved in that way could never last.”
(Glendon 166 -change; my italics)
Significantly, Chang was not the only one frustrated with the hegemony of rights at
the expense of duty (what Chang called “a standardized way of thinking and a single way
of life”). Glendon herself notes that, immediately after Chang’s speech, “Mrs. Lakshmi
Menon made a plea for tolerance, too, and took the occasion to recall Mahatma Gandhi's
47
Martin Buber comes very close to Confucianism on this point also: that is, his emphasis on
conversion (a change of heart) rather than winning rational arguments. Buber’s account of his refutation of the
argument of an atheist worker can help illuminate why rights discourse has been inefficacious in preventing
human rights violation. Just as Buber won the argument but not the conversion, human rights discourse may
succeed in proving an idea but still fails to convince the aggressor through its inability to evoke the living
presence of the humanity of the victims.
TRANSLATION, POWER HIERARCHY, AND THE GLOBALIZATION OF THE CONCEPT “HUMAN RIGHTS”
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
28
insistence that all rights are born of obligations. From the very fact that it proclaimed rights,
she said, the Declaration should be understood as a `declaration of obligations’" (Glendon
166). World history since the adoption of the UDHR by the General Assembly of the
United Nations on 10 December 1948 seems to have vindicated the positions of Chang (and
of Gandhi). Despite the burgeoning of rights discourse ever since the UDHR, crimes
against humanity have continued. It is time to reexamine whether rights really provide the
best protection of the well-being of humanity, and whether the imposition of “a
standardized way of thinking and a single way of life” has not itself contributed to anger
boiling over from time to time against forced equilibrium.
As a Confucian constantly mindful of the priority of harmony and of the collective
project over individual differences, Chang joined others in voting to adopt the Declaration
on December 10, 1948 – albeit with the qualifying statement quoted immediately
beforehand. Nothing is more obfuscating of the power structure that Chang was criticizing
about the drafting of the UDHR than Marina Svenssen’s bad-faith conclusion that, just
because China voted to adopt the Declaration, it “indicat[ed] that they did not have any
further theoretical reservations against the idea of human rights”:
It was furthermore emphasized that there was nothing incompatible between
Chinese traditional philosophy and human rights. A Chinese diplomat, P.C. Chang (
張彭春), played a central role as a vice-chair of the committee responsible for
drafting the Universal Declaration of Human Rights (UDHR). On Dec. 10, 1948,
the then KMT-led Chinese government voted in favor of the Declaration, apparently
indicating that they did not have any further theoretical reservations against the idea
of human rights. (Svensson 3)
Could “voting in favor” really be so easily glossed over as being “without further
theoretical observations”? – That would be possible only for those who fetishize Western
legal structures as the equivalent of justice, however manipulated and contaminated those
structures could be by existing power hierarchies. As a scholar of rights and Chinese
politics, Svensson ought to have been aware how, in the period of history immediately
preceding the UDHR, China had been repeatedly coerced into signing a number of unequal
treatises at the gunpoint of various imperial powers. Did the signing of all these unequal
treatises “prove” that China gave up her territories “out of her own will”?
Nor was Chang’s frustration caused by a jilted attempt to impose on other countries
“the Chinese way” – far from it. As a champion of Confucian ren – the co-existence of
human beings and the priority of the collective above the individual – Chang was not only a
team-player but also the grand mediator who helped everybody work together. Habib Malik,
the son of Charles Malik, for example, compliments Chang for “facilitate[ing] consensus
with his talent for ‘translating’ concepts from one culture to another” (2). Glendon reports
that Chang “would often provide the formula which made it possible for the commission to
SINKWAN CHENG
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
29
escape from some impasse." John P. Humphrey calls Chang a "master of the art of
compromise" (17, 23-24, 37).
Yet despite compliments from colleagues about Chang being both the “towering
intellectual” on the drafting committee and his repeated good-will attempts to create
harmony in the midst of dissonance, the outcome was one in which the Chinese voice was
very much compromised and Chang’s suggestions either greatly distorted or ignored
altogether.
What the above history tells us is: translation goes hand-in-glove with power. The
glaring contrast between the eclipse of the Chinese voice in the English translation of
Chinese political thoughts, and the domination of Western ideas in Chinese translations of
Western political thoughts, betray a Western hegemony that no doubt has contributed to the
globalization of Western legal and political concepts, as well as to many people’s
subsequent impression of the universal legitimacy of Western legal and political concepts.
As a result of the loss of the Chinese voice in the English translation of Chinese
political thoughts and the further domination of Western ideas in the Chinese translation of
the UDHR, Confucian ethics and politics became gradually lost even in Chinese societies,
to the extent that all kinds of efforts from both the state and the civil society have to be
made in different parts of the pan-China region to try to resuscitate whatever they could of
Confucian ren in the face of the onslaught of the selfishness and greed of global capitalism.
The Chinese translation of Article 1 uproots from Chinese society its traditional duty- and
collective-oriented ethics and social consciousness by planting in their places the “free
individual” as the primary unit of social and political thoughts. The complete displacement
of ren by “freedom” and “rights” in the Chinese translation of the UDHR paved the way for
the erosion of duty-oriented Confucian ethics by Western individualism in Chinese
societies – an erosion which has been taking on momentum since the second half of the
twentieth century, and reaches its peak with the globalization of different Chinese regions.
Through the globalization of Western legal concepts and language (especially through the
venue of translation), individual rights rather than duties toward others have become THE
criteria to evaluate how “civilized” a country is, and to condemn nations resisting the
adoption of “rights” as their primary values.
48
48
In “The End of Civilization and the Rise of Human Rights,” Mark Mazower points out how, in the
wake of the end of European global dominance, “human rights” rhetoric gradually replaced the explicitly
imperialistic term “civilization.” Given that the League of Nations distinguished between more and less
civilized nations, and placed the “less civilized” under the protection and guidance of their “more civilized”
counterparts, human rights can be understood as a reinvention rather than a rupture with the discourse of
“civilization”.
TRANSLATION, POWER HIERARCHY, AND THE GLOBALIZATION OF THE CONCEPT “HUMAN RIGHTS”
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
30
CONCLUSION
Despite the difficulties of finding a linguistic equivalent for “rights” in Chinese and
Japanese in the nineteenth century, there was no longer a gap between “rights” and quanli
(權利) by the late twentieth century, and quanli certainly no longer bears the negative ring
the two words (quan and li) used to carry for centuries in Confucian culture. As Chinese
values got eroded by Western liberalism, quanli which was previously associated with a
lust for power and selfish gain is now regarded as individuals’ rightful entitlements. By
contrast, ren never makes it into Western vocabulary.
While translation has successfully bent the Chinese language into expressing
Western sentiments and Western ways of organizing human society and politics, it has at
the same time neutralized P.C. Chang’s efforts to introduce ren to his Western(-minded)
colleagues. The Western term has by now thoroughly occupied the Chinese consciousness
(in the sense that the term “rights” has been successfully assimilated into the Chinese
culture, and the Chinese understanding of the expression quanli has become thoroughly
Westernized). By contrast, the Chinese ren remains as unassimilated into English as ever.
It remains as difficult to express ren in English in the global age as it was in P.C. Chang’s
times. While East Asian political traditions that had come under the influence of
Confucianism for centuries have thus given way to Western individualism, the co-humanity
of ren never makes it beyond East Asia. The social, legal, and political concepts that get
globalized in the global age remains those from the West — and they are globalized in a
way that drowns out the voices of other cultural traditions.
49
The history of the translation
of “rights” into Chinese and ren into Western languages reveal the entwinement of
translation studii with translatio imperii.
This essay opens new venues for scrutinizing both the universal claim and the
universalization of the modern Western concept of “human rights” via translation. On the
one hand, I use linguistic resistances in translation to demystify claims about the
universality of certain concepts such as human rights. On the other hand, I use the
breakdown (versus the maintenance) of such linguistic resistances in the target culture to
scrutinize the power relations between the source culture and the target culture. Typically,
if the target culture is in a weak position, it would easily give way to the semantic and
conceptual conquest of the source culture, as in the case of the dramatic change in the
semantics of the classical Chinese expression quanli after China’s repeated defeats by the
West – semantic changes which facilitated the displacement of Confucian values by
modern Western “rights” in Chinese culture. By contrast, a strong target culture tends to
remain immune to influences from the source culture, as in the case of English (mis-
)translations of ren in the drafting of the UDHR, and the failure of ren to get integrated into
Western languages and cultures.
49
Oftentimes, non-Western concepts that would interest the West pertain to either trivialities (food
and popular culture) or international finance and trading.
SINKWAN CHENG
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
31
REFERENCES
Angle, Stephen. “Neo-Confucianism.” Oxford Bibliographies: Philosophy. Ed. Duncan
Pritchard. Oxford: Oxford University Press. Web. 3 Jan., 2015.
<http://ukcatalogue.oup.com/product/9780195396577.do>.
Angle, Stephen C., and Marina Svensson, eds. Chinese Human Rights Reader. Armonk,
N.Y.: M. E. Sharpe, 2001.
Boodberg, Peter. “The Semasiology of Some Primary Confucian Concepts.” Philosophy
East and West 2.4 (1953). 317-332.
Brett, Annabel. Liberty, Right and Nature: Individual Rights in Later Scholastic Thought.
Cambridge: Cambridge University Press, 1997.
Buber, Martin. I and Thou. Trans. Walter Kaufmann. New York: Simon and Schuster,
1996.
Chang, P.C. “Chinese Statements during Deliberations on the UDHR (1948).” The Chinese
Human Rights Reader: Documents and Commentary, 1900-2000. Ed. Stephen C.
Angle and Marina Svensson. New York: East Gate, 2001. Print.
Cheng, Sinkwan. “Confucius, Aristotle, and a New `Right’ to Connect China to Europe.”
Forthcoming in Self or No-Self? The Debate about Selflessness and the Sense of
Self, ed. Ingolf U. Dalferth. Tübingen: Mohr Siebeck, 2016.
___. “The Novel and the Bürger: Citizen, Bourgeois, and Burger's Daughter.” Human
Rights: A Cross-Cultural Perspective. Ed. Michael Mbanaso and Chima Korieh.
New Jersey: Goldline and Jacobs, 2014. 35-59.
___. “Translatio Temporis and Translatio Imperii: From `Wenming versus Civilization’ to
`Wenming as Civilization.’” Positioning Interdisciplinarity. Ed. David Ten Eyck,
Claudine Armand, and Vanessa Boullet. Nancy: Presses Universitaires de Nancy,
2014. 181-211.
Cheng, Ruth H.C, and Sze-Chuh Cheng, compiled, Peng Chun Chang 1892-1957:
Biography and Collected Works. San Jose (?): n.p., 1995.
Confucius (孔子). Analects (論語). Yangzhou: Guangling Book Society, 2008.
De Bary, Wm. Theodore, and Tu Weiming, eds. Confucianism and Human Rights. New
York: Columbia UP, 1998.
Du, Gangjian (杜鋼建). Ideas of Human Rights in China in the Recent 100 Years (中國近
百年人權思想). Shantou: Shantou UP, 2007.
Gandhi, Mahatma. “Letter to the Director-General of UNESCO.” HUMAN RIGHT S
Comments and Interpretations: A Symposium. Ed. UNESCO. New York, Columbia
UP, 1949.
Glendon, Mary Ann. A World Made New: Eleanor Roosevelt and the Universal
Declaration of Human Rights. New York: Random House, 2001.
Gu, Hongming. The Collected Works of Gu Hongming. 2 vols. Hainan: Hainan Press, 2000.
Jin, Guantao (金觀濤) and Qingfeng Liu (劉青峰). A Historical Study of Concepts: The
Formations of Key Political Terms in Modern China (觀念史研究: 中國現代重要
http://ukcatalogue.oup.com/product/9780195396577.do
TRANSLATION, POWER HIERARCHY, AND THE GLOBALIZATION OF THE CONCEPT “HUMAN RIGHTS”
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
32
政治術語的形成). Hong Kong: Chinese U of Hong Kong P, 2008.
Hegel, Georg Wilhelm Friedrich. Early Theological Writings. Trans. T.M. Knox. Chicago:
U of Chicago P, 1948.
Hobbes, Thomas. Leviathan. Ed. Noel Malcolm. Oxford: Clarendon Press, 2012.
Malik, Charles Habib. The More Important Speeches and Interventions of Charles Malik,
Representative of Lebanon and Rapporteur of the Commission, Taken from the
Verbatim Records. Human Rights Commission, First Session, January 27 to
February 10, 1947, Summary Records (ElCN.4/SR 14, p. 4). Lake Success,
N.Y. United Nations: Commission on Human Rights, 1947.
Mazower, Mark. “The End of Civilization and the Rise of Human Rights: The Mid-
Twentieth-Century Disjuncture.” Human Rights in the Twentieth Century. Ed.
Stefan-Ludwig Hoffmann. Cambridge: Cambridge University Press, 2011. 29-44.
Humphrey, John P. Human Rights and the United Nations: A Great Adventure. Dobbs
Ferry, New York: Transnational, 1984.
Klug, Francesca. “The Universal Declaration of Human Rights: Sixty Years On.” Lecture
delivered at Chatham House, London. 8 December 2008. Web. 23 Mar., 2013.
<http://www.equalityhumanrights.com/your-rights/human-rights/human-rights-
celebrations/60th-anniversary-of-the-declaration/celebrating-the-anniversary/the-
universal-declaration-of-human-rights-sixty-years-on. Web. 27 February, 2015>.
Koskenniemi, Martti. “Rights, History, Critique.” Forthcoming in Human Rights: Moral or
Political? Ed. Adam Etinson. Oxford: Oxford UP, 2015.
Lindholm, Tore. “Article 1.” The Universal Declaration of Human Rights: A Common
Standard of Achievement. Ed. Guðmundur S. Alfreðsson and Asbjørn Eide. The
Hague: Kluwer Law International, 1999. 41-74.
Lo, Chung-Shu. “Human Rights in the Chinese Tradition.” Human Rights: Comments and
Interpretations. A Symposium. Ed. UNESCO. New York, Columbia UP, 1949. 186-
90.
Locke, John. Two Treatises of Government. Cambridge Texts in the History of Political
Thought. Cambridge: Cambridge UP, 1988.
Malik, Habib C., ed. Verbatim Record. "Four Basic Principles" The Challenge of Human
Rights: Charles Malik and the Universal Declaration. Oxford: Centre for Lebanese
Studies, 2000.
Mencius (孟子). Mencius（孟子）. 1
st
ed. Beijing: Zhong hua shu ju，1998.Morsink,
Johannes. The Universal Declaration of Human Rights: Origins, Drafting, and
Intent. Philadelphia: U of Pennsylvania P, 1999.
Nie, Jianqiang, and Keisuka Lida. The Enforcement of Intellectual Property in China.
London: Cameron, 2006.
Rosemont, Henry, Jr. “We All Think We're Individuals. Here's Why That's Not True, And
Why The Lie Is Told.” Web Huffington Post 30 May 2015. 30 May 2015.
<http://www.huffingtonpost.com/henry-rosemont-jr/post_9486_b_7424312.html.>
Scott, Sarah. “Martin Buber (1878—1965).” Internet Encyclopedia of Philosophy.
http://www.iep.utm.edu/buber/.
http://hollis.harvard.edu/primo_library/libweb/action/search.do?vl(freeText0)=Malik%2c+Charles+Habib%2c+1906-1987.&vl(51615747UI0)=creator&vl(117501629UI1)=all_items&vl(1UI0)=exact&fn=search&tab=everything&mode=Basic&vid=HVD&scp.scps=scope%3a(HVD)%2cscope%3a(HVD_VIA)%2cprimo_central_multiple_fe
http://www.equalityhumanrights.com/your-rights/human-rights/human-rights-celebrations/60th-anniversary-of-the-declaration/celebrating-the-anniversary/the-universal-declaration-of-human-rights-sixty-years-on
http://www.equalityhumanrights.com/your-rights/human-rights/human-rights-celebrations/60th-anniversary-of-the-declaration/celebrating-the-anniversary/the-universal-declaration-of-human-rights-sixty-years-on
http://www.equalityhumanrights.com/your-rights/human-rights/human-rights-celebrations/60th-anniversary-of-the-declaration/celebrating-the-anniversary/the-universal-declaration-of-human-rights-sixty-years-on
http://www.huffingtonpost.com/henry-rosemont-jr/post_9486_b_7424312.html
SINKWAN CHENG
The Age of Human Rights Journal, 4 (June 2015) pp. 1-33 ISSN: 2340-9592
33
Shang, Yang? (商鞅？). Shang jun shu (商君書). Vol. 5 of Zhu zi ji cheng (諸子集成).
Beijing: Zhong hua shu ju, 1954. Trans. and ed. as The Book of Lord Shang: A
Classic of the Chinese School of Legalism, by J.J.L. Duyvendak. London: Arthur
Probsthain, 1928.
Taylor, Charles. “Conditions of an Unforced Consensus on Human Rights.” The Politics of
Human Rights. Ed. The Belgrade Circle. London: Verso, 1999. 101-119.
Tierney, Brian. The Idea of Natural Rights: Studies in Natural Rights, Natural Law and
Church Law, 1150-1625. Grand Rapids: Eerdmans, 1997.
Tuck, Richard. Natural Rights Theories: Their Origin and Development. Cambridge:
Cambridge University Press, 1979.
Twiss, Sumner B. “Confucian Contributions to the Universal Declaration of Human Rights:
A Historical and Philosophical Perspective.” World’s Religions: A Contemporary
Reader. Ed. Arvind Sharma. Minneapolis: Fortress P, 2011. 102-114.
Voltaire. The Philosophical Dictionary. Trans. H.I. Woolf. New York: Knopf, 1924.
Wang, Gungwu. The Chineseness of China: Selected Essays. New York: Oxford UP, 1991.