Tao Ying asked, “If Shun were the Son of Heaven and Gao Yao were the chief justice, and Shun’s father, Gusou, committed murder, what should be done?”
Mencius replied, “He should simply be arrested.”
Tao Ying asked, “Then Shun would not stop it?”
Mencius said, “How could Shun stop it? Gao Yao had legitimate grounds for his actions.”
Tao Ying asked again, “Then what would Shun do?”
Mencius replied, “Shun would view abandoning the empire as merely throwing away a worn-out sandal. He would secretly carry his father on his back and flee, live by the seashore, and be so happy and joyful all his life that he would forget the empire.”
Note
This passage from the Jin Xin I chapter of the Mencius is one of Mencius’ most famous and controversial thought experiments. It touches upon the ultimate dilemma in Confucian ethics regarding the “conflict between loyalty and filial piety” and “the clash between law and human emotion.” Drawing on historical context and traditional commentaries, we can understand its underlying thought through the following dimensions:
- The Absoluteness and Impartiality of Law: “He Should Simply Be Arrested”
Faced with the extreme hypothetical scenario of “the Son of Heaven’s father committing murder,” Mencius did not have Shun use his privileges to interfere with the judiciary. Instead, he gave a very decisive answer: “Arrest him according to the law.” This demonstrates that in Mencius’ thought, the law (represented by Gao Yao’s judicial system) possesses independent authority and absolute impartiality. Even if the Son of Heaven’s father breaks the law, he must face justice. Mencius used this to establish the bottom line of “the law does not favor the noble,” illustrating that the Confucian “benevolent governance” is by no means bending the law for personal favors. - The Supreme Nature of Filial Piety and the Dilemma of “Secretly Carrying and Fleeing”
Since he could not interfere with the judiciary, what should Shun do as a son? Mencius’ proposed solution was to “secretly carry his father and flee.” This reveals the ultimate value hierarchy in Confucianism when “national law” and “family grace” become irreconcilable: in the public sphere, the dignity of the law must be maintained; however, in the private sphere, Shun could not bear to watch his father be executed and had to fulfill his filial duty as a son. This seemingly contradictory approach is actually Mencius’ ultimate division of the “boundaries between public and private” – neither destroying the nation’s legal system nor violating a son’s natural human instincts. - The Ultimate Value System That Places the Empire Below Kinship: “Abandoning the Empire as Merely Throwing Away a Worn-Out Sandal”
In this thought experiment, Mencius has Shun, without any doubt, give up the supreme position of the Son of Heaven (“view abandoning the empire as merely throwing away a worn-out sandal”). In secular eyes, the empire is an incomparably precious source of power and wealth; but in the hearts of Shun (and Mencius), the weight of the empire is far less than the life of his father. This is not only the ultimate promotion of “filial piety” but also a complete subversion of secular views on power. Mencius used this to declare to the world: for a true sage king, inner morality and familial affection cannot be exchanged for any worldly glory or wealth.
桃应问曰：“舜为天子，皋陶为士，瞽瞍杀人，则如之何？”孟子曰：“执之而已矣。”“然则舜不禁与？”
曰：“夫舜恶得而禁之？夫有所受之也。”
“然则舜如之何？”
曰：“舜视弃天下，犹弃敝蹝也。窃负而逃，遵海滨而处，终身欣然，乐而忘天下。”
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