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The Rectification of Names:

Confucius and the Urgency of Truth in Justice


By Gezo



In the bustling echoes of ancient Chinese philosophy, Confucius articulated a profound understanding of language and its relationship to social harmony. He proposed the concept of "zhengming", or the "rectification of name," which suggests that social disorder arises when language fails to reflect truth. This wisdom stands as a clarion call for our contemporary society, in light of the ongoing issues surrounding the criminal justice system, particularly in relation to drug laws and the illegal incarceration of individuals.


Today, individuals are being charged with conspiring to knowingly sell drugs, which is nonsensical; and these same individuals are being labeled "criminals", when a better description would be, "victim".


Confucius had a discussion with his disciples and emphasized that clarity in language is essential for effective governance. He stated, "If names be not correct, language is not in accordance with the truth of things." This insight strikes at the heart of our current predicament: the systematic misuse of language by those in power leads to gross injustices, particularly in the enforcement of drug laws.


Consider the deeply troubling situation where individuals are incarcerated under the pretext of drug law enforcement -- individuals who have not been shown to possess actual knowledge of their actions being illicit. The very term "knowingly" is manipulated, often placed in contexts that lead juries to infer guilt without substantive proof. This abuse of language resonates with Confucius's teachings: when the truth is obscured by the failure to call things by their proper names, societal structure crumbles, and the very fabric of justice is torn.


The heart of Confucius's argument is both compelling and urgent. By failing to hold our language accountable and by not ensuring that terms like "knowingly" reflect genuine understanding, we invite disorder. This disorder manifests not only in wrongful incarcerations but permeates into public trust erosion and the destabilization of communities. When "punishments are not properly awarded," as Confucius warned, "the people do not know how to move hand or foot." How compellingly this mirrors the plight of those trapped in our unjust legal systems, confused by the language that condemns, language that fails to clarify an actual offense.


Every year, countless lives are derailed, families are fractured, and communities suffer due to a legal framework that prioritizes punitive measures over true justice. The government, in its pursuit of a seemingly noble goal -- protecting society from the harms of drugs -- has veiled itself in a cloak of legality while straying far from the truth of individual circumstances and the law. Tragically, accused individuals are often left to grapple with a language of legalese and deception that twists their fates without acknowledging their actual experiences or intents.


Yet, hope lies in the recognition of zhengming. We, as a society, must strive to demand clarity and honesty from our institutions. We must challenge the misappropriation of words and seek a justice system that reflects reality rather than one that distorts it. Each case of wrongful imprisonment is not merely a statistic; it is a life interrupted, a future unfulfilled, a mother separated from a child, and a community left to suffer the consequences of its unjust fragmentation.


Confucius instructed that a superior man, or "Junzi", should ensure that his words are devoid of incorrectness. In our modern context, this means advocating for a justice system that respects the truth, that rectifies names in a manner befitting their true meaning. Justice must not only be punitive; it must be restorative, acknowledging not just the act but the intent and reality behind it.


As we navigate the complex intersections of law, morality, and societal responsibility, let us resonate with Confucius's wise call for the rectification of names. In doing so, we embark on a necessary journey toward justice -- one that confronts language's power and reclaims the humanity of those unjustly and illegally incarcerated under misinterpreted law and misused language. Only then can we begin to restore order, build compassion, and foster a society grounded in truth.


ZHENGMING:

Confucius's explanation of Zhengming to one of his disciples:


          Zi-lu said, "The vassal of Wei has been waiting for you, in order with

          you to administer the government. What will you consider the first

          thing to be done?"


          The Master replied, "What is necessary to rectify names."


          "So! indeed!" said Zi-lu. "You are wide off the mark! Why must

          there be such rectification?"


The Master said:

          "How uncultivated you are, Yu! The superior man [Junzi] cannot care about the everything, just as he cannot go to check all himself! If names be not correct, language is not in accordance with the truth of things. If language be not in accordance with the truth of things, affairs cannot be carried on to success. When affairs cannot be carried on to success, proprieties and music do not flourish. When proprieties and music do not flourish, punishments will not be properly awarded. When punishment are not properly awarded, the people do not know how to move hand or foot. Therefore a superior man considers it necessary that the names he uses may be spoken appropriately, and also that what he speaks may be carried out appropriately. What the superior man requires is just that in his words there may be nothing incorrect."

(Analects XIII, 3, tr. Legge)


 
 
 

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