Hearing Disputes Is Not Enough

Hearing Disputes Is Not Enough

“In hearing litigation, I am like anyone else; what is necessary is to bring it about that there is no litigation.” The sentence comes from the Yan Yuan chapter of the Analects. “Hearing litigation” means judging disputes. Confucius first says that his ability to decide a case is not exceptional, then shifts attention to preventing disputes from arising. The preceding passage praises Zilu's decisiveness in a case, so this is not a rejection of judgement itself.

The useful contemporary reflection is to ask about causes upstream. If “no litigation” is taken to mean suppressing complaints, it reverses the passage's concern with the roots of governance. People must still be able to name injustice and receive a fair hearing.

https://ctext.org/analects/yan-yuan/ens


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