Korea’s unique contribution to constitution of unified Korea
If Koreans draft a constitution for a unified Korea that will transform the entire peninsula in the manner that the United States was transformed by the Constitution of 1787, then that Korean constitution must have distinctly Korean roots and spirit.
The constitution must be Korean in the sense that it is drafted by Koreans and that it draws on the long tradition of moral governance on the Korean Peninsula, a tradition that addresses statecraft from a long-term perspective and employs a humanistic conception of the individual’s moral conscience, a conscience that draws its strength from the individual’s position as part of a harmonious family; a family that, in turn, extends naturally its influence to the state, and to the realm.
Specifically, the Korean concept of “hongik” should be central in this uniquely Korean contribution to the development of constitutional governance. “Hongik” is the ideal of sharing benefits between all members of society that dates back to Korean antiquity and that has made a unique contribution to human civilization in that it demands a just and equitable social order, but predicates such justice and equity on a spiritual awareness of the divine, and thus stands in marked contrast to Western ideologies which assume that social equality must be accompanied by an embrace of materialism, and the denial of all spiritual aspects of human experience.
Dr. Hyunjin Preston Moon has wisely highlighted the tremendous potential of hongik as a spiritual bridge to bring together all Koreans, and also to bring together the entire the entire world.
There are also precedents for good governance to be found in the administrative structures of the Goryeo and Joseon Dynasties, and before that offer tremendous opportunities for reinterpretation to meet the needs of the current day in this new constitution.
To give just one example, the Joseon Dynasty established the Hall of History (Chunju-gwan) at the time of its founding in the 14th century, an institution that was run by official record keepers who were given remarkable authority, and immunity, that allowed them to record accurately the activities of the government. Even when the king, or high officials, were displeased with the criticisms made by the record keepers, or corruption or malfeasance exposed, the creation of accurate records went on. The Hall of History played a vital role in assuring that accurate records were maintained in spite of all pressures so that no one was beyond responsibility to govern morally and the true history was preserved for future generations.
Such a system could be a model for how the constitution of a united Korea assures accuracy of information, an issue overlooked by the American founding fathers, but that has assumed critical importance in this information age.
The larger mansions of Eastern civilizations also offer unique contributions to this constitution that will raise it to a new level in human history. The traditions of Confucianism and Buddhism have much to offer ― although there are other traditions like Daoism that also deserve consideration.
Confucianism, the central philosophy of the Joseon Dynasty, places tremendous emphasis on the family as the basic unit of governance and stresses the continuum between the structure of the healthy and functional family and the ethical administration of government.
Moreover, Confucianism assumes that it is practice, and daily rituals, and not just law, that assures an ethical society. This emphasis on practice, or propriety (“ye”), is best known in Korea as “yehak,” the study of propriety and behavior. Yehak offers a new approach to constitutional governance wherein the manner in which children are raised, taught to be respectful in behavior, and to be empathetic towards friends and neighbors, is treated as the fundamental basis of a healthy society. As the American constitution is silent on morality within the family, or propriety and ethical practice in daily life, the Confucian tradition has much to offer to a new Korean constitution.
Confucianism also demands a moral economy in which profit is not the primary concern, but rather mutual support for a greater good is the primary regulator of economic activity. The Confucian economy is conceived of for the long-term, including plans for the political economy that extend hundreds of years into the future and considers the environment and agriculture ― the organic production of food ― as a common concern for all members of society. This concern with the long-term health, and the sustainability of society and the environment is also missing from the American Constitution and therefore turning to the Confucian tradition can help immensely for Korea to take the constitutional republic to the next green stage.
Finally, Confucianism is concerned with governance by the wise, or “noocracy,” and it proposes concrete programs by which those serving in government are selected by tests designed to assess moral commitment to universal values and the ability to solve real-life problems in governance in an ethical manner. Although the Confucian exams were subject to ridicule in the late imperial period because of the deep corruption that took root in Korea and China in the 19th century, the basic concept of the exam system for those in government based on ethics is invaluable and is clearly a blank spot in the American Constitution.
The democratic process by which the citizens select their leaders should be paralleled by an examination system based on moral principles that assures us those working in government uphold universal values and are less likely to be corrupt, and are more committed to knowing the truth ― something that can never be determined through democratic means alone.
Buddhism also has much to offer to a new Korean constitution. The Buddhist moral imperative for the middle way offers concrete strategies for avoiding extremism and divisiveness in politics that could be integrated into a more refined strategy for a balance of powers in the government.
Moreover, Buddhism has a long tradition of promoting harmony within government, and between states (through diplomacy) which has concrete examples in the governance system of the Goryeo Dynasty. Such Buddhist strategies for avoiding conflict and division in politics offer great potential for creating a society that encourages harmony and cooperation, as opposed to the selfishness, competition and narrow-mindedness that can result from legal codes that are grounded exclusively in property rights.
Emanuel Pastreich is president of Asia Society, researcher at Council on East Asian Studies, Yale University and senior fellow at Global Peace Foundation. The views expressed in the above article are the author's own and do not reflect the editorial direction of The Korea Times.