The great “Upright Gong” controversy: loyalty over law?

Confucius has stirred a never-ending storm of controversy for suggesting in Chapter 18 of Book 13 of the Analects that loyalty to family should override legal or moral obligations to report wrongdoing to the state.

In this chapter, Confucius defines “uprightness” in a manner that has drawn sharp criticism. By suggesting that “fathers watch the backs of their sons and sons watch the backs of their fathers,” he implies that family loyalty can, and perhaps should, override public duty. Critics argue that this stance not only endorses the nepotism and favoritism that have historically plagued Chinese society but also undermines the very values of justice, honesty, and integrity that Confucius is often celebrated for promoting. Here is the contentious passage:

Lord She declared to Confucius: “Among my people, there’s a man we call ‘Upright Gong.’ When his father stole a sheep, he informed on him.” Confucius said: “Among my people, the ones we consider to be ‘upright’ are different. Fathers watch the backs of their sons and sons watch the backs of their fathers. ‘Uprightness’ can be found in this.”
葉公語孔子曰：「吾黨有直躬者，其父攘羊而子證之。」孔子曰：「吾黨之直者異於是，父為子隱，子為父隱，直在其中矣。」

Even though the critics have a point, there is more to Confucius’s response than initially meets the eye. The sage is not so much arguing that loyalty to family should always trump the letter of the law, but he is questioning whether it was necessary for “Upright Gong” to make such a public display of his own virtue by humiliating his father in front of everyone. Perhaps, justice would have been served more effectively if the son had discreetly compensated the owner of the sheep for his loss rather than have his father harshly punished and perhaps even condemned to death for the theft.

For Confucius, uprightness lies in navigating complex moral dilemmas rather than simplistic rule-following. It means striking the right balance between personal integrity, family loyalty, and social order to achieve the most appropriate outcome in the given context instead of engaging in vacuous virtuous signaling.

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