Reframing the Issue in 13.18 of the Analects of Confucius: Family Privileges in Criminal Litigation and the Confucian Insight

The sheep case in Analects 13.18 has generated a heated debate in contemporary Chinese philosophy for more than a decade. One side in this debate criticizes Confucius’ view in the sheep case and the other side defends Confucius’ position. Neither side’s reading of 13.18 is satisfactory. I argue that something important in the text has been overlooked and this omission may explain why neither side gives a satisfying reading. I offer in this essay a new reading of the sheep case which pays attention to what the existent interpretations have overlooked in the text. This new focus will give us a new perspective to reframe the issue in question and to defend the Confucian position in a more convincing way. On the new interpretation, Confucius’ position in the sheep case suggests a sensible and reasonable way for the state to balance some important social interests which the state seeks to protect.