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Shen Dao
Chinese legalist theoretician (c. 350–c. 275 BC) From Wikipedia, the free encyclopedia
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Shen Dao (c. 350 – c. 275 BC) was a mid Warring states period Chinese philosopher and writer. Noteworthy as a predecessor influencing both Han Fei and Daoism,[3] his remaining fragments are the most substantial of any Jixia Academy scholar.[1] In connection with the flourishing academy,[4] he may have been well known,[5] with early in references in the Zhuangzi, Xunzi, Han Feizi, and Huangdi Sijing, potentially influencing the Guanzi.[6]
As introduced by Feng Youlan, Shen Dao was early remembered modernly for his influence on the Han Feizi, most notably chapter 40, with regards the concept of shi (勢; 'power', 'potential', circumstantial advantage or authority).[7][8] Sima Qian discusses Shen Dao with Jixia academy scholars, taking him as rooted in Huang-Lao (Daoism). Classified by the Confucian archivists as Legalist together with others from the Han Feizi,[9] he shares some comparable early administrative ideas with them, and may earlier have been the most well known of them.[10]
Xun Kuang criticized Shen Buhai as more focused on power, and Shen Dao as "obsessed by fa."[1] Most of Shen Dao's work would appear to have concerned fa, a concept including administrative methods and standards as including laws, advocating that reward and punishment be based in fa rather than the ruler's judgements.[11]
Making some discussion of law,[12] in his time, Shen Dao argued the value of laws that are not good (不善) over no laws as still contributing to a more equitable distribution of goods and properties, preventing resentment (especially against the ruler).[13] But he does prefer good laws, advocating that punishment and reward be proportionate rather than extreme.[14] He still bases the appointment of tasks and officials in the ruler's discretion; [13] Shen Buhai and Han Fei tried to base appointment in administrative method.
Although discussing reward and punishment like the more legalistic Shang Yang, he was otherwise more focused on administration, advocating their distribution through both laws and impartial administrative mechanisms. This tendency in some ways makes him him more comparable with administrator Shen Buhai. With Shen Dao early more well known, it is possible one might have known of or even influenced the other, but less likely either were familiar with Shang Yang, with the Han Feizi Shang Yang's first reference.[15]
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Thompson states that the Shenzi was available until the fall of the Tang dynasty, though not in its original edition.[16] Shen Dao's own original 42 essays have been lost. With only 7 fragments still extant, he is known largely through short references and the writings of others, notably the Han Feizi and Zhuangzi. A critical reconstruction of the lost Shenzi was made by Paul Thompson, and published in 1979 as The Shen Tzu Fragments.[citation needed]
In 2007, the Shanghai Museum published a collection of texts written on bamboo slips from the state of Chu dating to the Warring States period, including six bamboo slips with sayings of Shenzi.[17] These are the only known examples of the text of Shenzi that are contemporaneous with its composition.
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Dating
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Usually referred to as "Shenzi" (慎子 'Master Shen') for his writings, very little is known of Shen Dao's life;[19] translator Eirik Lang Harris' (2016) introductory discussion of his life only recalls the brief references of the Xunzi and Shiji.[20]
An itinerant philosopher from the state of Zhao, David R. Knechtges (2014) placed him about 350 BC, travelling to the city of Linzi (modern Zibo in Shandong) in 300 BC to become a member of the Jixia Academy. He probably left Linzi after its capture by the state of Yan in 285 BC.[21] The general round dating of 350-275 bce was theorized by the early scholar Ch'ien Mu; translator Thomphson placed him a decade earlier, 360-285 bce, which Harris still used modernly.[20]
Herrlee G. Creel (1974) speculated that he was a younger contemporary of Shen Buhai,[22] with Vitali Rubi (1974) speculating that Shen Buhai's ideas on power may have come from Shen Dao.[23] Julia Ching (1991) instead speculated that Shen Dao may have been familiar with Shen Buhai.[24] Given Shen Dao's references, it's more plausible he was earlier the more well known figure.[25]
Although these dating regard him as the younger figure, S.Y. Hsieh (1985) regarded Shen Dao's administrative ideas as less complex than Shen Buhai's.[19] As Sinologist Hansen (1992) notes, the Han Feizi discusses Shen Dao before Shang Yang and Shen Buhai in the outer chapters, admitting him as worth discussing at least "for mediocre rulers". However, as Hansen argued, such an evaluation understates his relevance for theoretical interpretations of the work.[26]
With the discovery of the Mawangdui silk texts, and content from Shen Dao contained in the Huangdi Sijing, Chinese scholars again advocated the traditional idea of an early Huang-Lao current influencing such later thinkers. Although it is doubtful that their ideas go back Spring and Autumn period, it can reasonably be supposed that some such ideas could predate Ch'ien Mu's theoretical placement of Shen Dao's figure, back to the early fourth century BCE, which is not that far behind.[27]
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Shen Dao and Laozi
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Taking Shen Dao as a relevant background for the development of the Tao Te Ching (Laozi), Chad Hansen (of the Stanford Encyclopedia of Daoism) viewed Shen Dao's morally neutral naturalism as a development of the type of thinking earlier seen in Mencius and the early Mohists. The Later Mohists moved away from an emphasis on heaven or nature. Hansen takes Shen Dao beginning to emphasize a concept of Dao or Way over nature.[28]
Less metaphysical in practice, and more concerned with the practical human world than the "inner workings of heaven and earth", translator Harris took Shen Dao's 'naturalism' as developing in the direction of the Tao te Ching and Huang-Lao typified texts. Not focusing on the idea of Dao in a cosmic sense in his fragments, Shen Dao nonetheless espouses a "Way (Dao) of Heaven."[29]
Whichever came first, Shen Dao and Laozi are at least comparable, including concepts of rule by a wu wei semi-inactive ruler, as illustrated by translator Emerson. Xun Kuang also later "stresses the indifference of Heaven and Earth to human concerns."[30]
Although Heaven does not care that men are in darkness, if they open their doors and windows, they will assuredly get light for themselves; but Heaven does nothing... the Sage in high position does not harm men, It is the people themselves who eliminate the harm... the people take care of the sage, and are not cared for by him; for the sage does nothing.— Shen Dao
Heaven is not humane: it treats the myriad creatures as straw dogs. The sage is not humane: he treats the people as straw dogs. Laozi Ch.5
It is said that the Way of Heaven benefits and does not harm.— Laozi 81
Zhuangzi proto-Daoism
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Although the Han Feizi would generally be considered authoritarian, figures like Shen Dao were not necessarily more authoritarian for their time.[31] Advocating that the ruler rely on administrative machinery (fa) to impartially determine rewards and punishments, rather than decide them himself,[32] Shen Dao otherwise advocates that the realm be literally modeled off the natural world.[33] Compared with the "mature Daoism" of the Zhuangzi, Hansen and Harris considered Shen Dao more fatalist.[34] But it is a fatalism more in the sense of believing that things cannot necessarily be changed before their time. Not that the way things are is necessarily "right."[35]
Making use of the term "Dao" without cosmological or metaphysical reference,[36] the Shenzi serves as noteworthy precursor to both Daoism and Han Fei. Posthumously, he is also sometimes classified as Taoist.[37] The Zhuangzi uses the term "the Great Clod" as a term for the "sum total of reality", but appears to quote Shen Dao when it says: "A clod of earth does not err with regard to the Tao."[38] Taking his "fundamental" principle as the "equality of all things",[39] as opposed to the egoist Yang Zhu, the Zhuangzi characterizes Shen Dao as impartial and lacking selfishness, his great way embracing all things,[40] so that Wang Fuzhi speculated its chapter on "Seeing Things as Equal" was actually written by Shen Dao.[41]
Benjamin I. Schwartz characterized Shen Dao's convictions as Daoisticly indifferent. Likening him to the 'inert passive clod' described in the last chapters of the Zhuangzi, Schwartz takes him as seeing the impersonal structures of political authority and human society as expressions of the spontaneous Dao in human civilization. Shen Dao rejects individual judgment, moral agents, sages, and, like other figures of the fa school, the "subjective intentionality of noble men." By contrast, Han Fei does not completely disregard the role of great men.
Schwarz speculated that Shen Dao's philosophy similarly involves a ruler free from the turbulence of emotion or moral responsibility.[42] However, Shen Dao has still modernly been argued to be at least "not fully untethered from a moral grounding", and does still seem to have some moral grounding. The concept of Dao itself typically implies a morally grounded Way, even if Shen Dao's fragments do not fill in all the blanks. Shen Dao does not argue that a ruler should always take actions which benefit the state order or people. But he does argue that goods like an orderly state will benefit the people, if the ruler desires such things.[43]
Yuri Pines (Stanford Encyclopedia) does not consider the Han Feizi's discussion of Shen Dao (chapter 40) itself amoral; catering to average rulers, Han Fei's system does not cater to "moral paragons", but it does not cater to "monstrous tyrants" either. Quoting from the Guanzi:[44]
The sage ruler relies on laws, not on personal wisdom; on methods and not on persuasions; on impartiality and not on selfishness; on the great Way and not on trivial matters. Then, he may be at ease and All-under-Heaven will be governed well. (Guanzi 45, “Relying on law”; cf. Ricket 1998: 144)
Relying on circumstances (Shi)
Shi is a not historically simply a Legalist or Totalitarian idea: before Han Fei, Mencius also discusses Shi.[45] Arguably, it includes ideas that can traced back to philosophical founders like Confucius and Mozi.[26] In particular, Léon Vandermeersch takes the idea of preeminence or sovereignty, as found in the Han Feizi's Chapter 40 discussion of Shi and Shen Dao (Shenzi), as already present in Mohism, and indeed as one of the most characteristic Chinese conceptions of sovereignty, developing an idea of power as established by man.[46]
"Preeminence is a concept that covers many modalities. If we must rely on nature for preeminence, it is useless to discuss it; the preeminence I want to speak of is that which is founded by men." Han Feizi Ch.40[46]
In contrast to Han Fei and the Later Mohists, Sinologist Hansen views the earlier Shen Dao as having only just begun to move away from an emphasis on heaven, or nature, towards a concept of Dao the Way.[28] As opposed to Han Fei, Shen Dao's fragments approve relying on nature, including illustrations of relying on water, which translator Harris takes as "reminding us" that the natural world has recognizable "qualities and patterns", whose actions can be predicted once understood.
A cauldron from the state of Yan weighs several tons, but if it is loaded in a boat from the state of Wu, then it can be transported. What it relies upon is the Way of flotation. Shen Dao 118, Harris.[47]
Although Han Fei discusses Shen Dao in relation to power, Shen Dao's earlier conception of shi was not a naked concept of power. In contrast to Han Fei's "power founded by men", Shen Dao's power was still one based in "relying on circumstances", such as nature, which corresponds with the Zhuangzi's discussion of him. Both discussions of him use the same kind of imagery of being "tossed" or "driven" by the wind.[45]
Shen Dao discarded knowledge and renounced the self; he followed the inevitable and was indifferent to things... shifting and slippery, he changed about with circumstances. He went where he was pushed and followed where he was led, like a whirling gale, like a feather tossed in the wind. (Zhuangzi)[48]
The flying dragon rides on the clouds and the rising serpent strolls through the mists; but when the clouds and the mists disperse, the dragon and the serpent become the same as the earthworm and the large-winged black ant, because they have lost what they rested on... If the bow is weak, but the arrow flies high, it means that it is driven up by the wind.(Han Feizi ch.40)[49]
First quoted in Chapter 36, Chapter 40's discussion of Shen Dao also quotes a halberd-and-shield parable from the Zhuangzi.[50][51]
A shield that cannot be pierced, and a lance that can pierce anything cannot coexist. If the worthy’s positional power cannot be stopped, while the way of positional power is that it can stop everything... that is a shield-and-lance fallacy.[52]
Shen Dao might have influenced a later chapter of the Book of Lord Shang, though there is not enough evidence to demonstrate its discussion of shi came from him.[53]
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Relation with Confucianism
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Although the Zhuangzi takes Shen Dao as rejecting sages and lacking in "standards of conduct",[54] he was otherwise content to leave questions of li (rites) to custom.[55] Mencius advocated that Emperor Shun would run away with his father if he had committed murder, rather than see him arrested. Like Mencius, Shen Dao still upheld filial piety even if the parents are bad, but instead suggests that parents can be reproached if it might save them from disaster. Not considering Confucian values like filial piety sufficient for governing the state, Shen Dao advocates the ruler encourage faith in rules by acting according to rules, and not abandon the throne to help murderous family members escape.[56]
Taking his opponents as "beclouded" by particular aspects of the Way, Xun Kuang criticizes Shen Dao in particular as obsessed with the emulation of models (fa) rather than the employment of worthy men, and that he does not necessarily decide on one model as correct. Shen Dao was more concerned that there be laws than with their particulars. Xun Kuang is of the opinion that his laws (or models) lack 'proper foundations', and will not be successful in ordering the state. But Xun Kuang doesn't oppose him just for advocating fa models or laws. Xun Kuang also discusses fa.[57] Rather than law itself, Xun Kuang opposes litigation and paradoxes, as found in the school of names.[55]
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Statecraft
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A.C. Graham characterized Shen Dao as a theoretician of centralized power.[59] He espouses an impersonal administration in much the same sense as Shen Buhai, and in contrast with Shang Yang emphasizes the use of talent[60] and the promotion of ministers, saying that order and chaos are "not the product of one man's efforts." He also argued for Wu wei, or the non action of the ruler, along the same lines as Shen Buhai, saying
The Dao of ruler and ministers is that the ministers labour themselves with tasks while the prince has no task; the prince is relaxed and happy while the ministers bear responsibility for tasks. The ministers use all their intelligence and strength to perform his job satisfactorily, in which the ruler takes no part, but merely waits for the job to be finished. As a result, every task is taken care of. The correct way of government is thus.[61]
However he challenges the Confucian and Mohist esteem and appointment of worthies as a basis of order, pointing out that talented ministers existed in every age. Taking it upon himself to attempt a new, analytical solution, Shen advocated fairness as a new virtue. Scholar Sugamoto Hirotsugu attributes the concept of Fen, or social resources, later used by the Guanzi and Xunzi, to Shen, given a "dimensional" difference through Fa (measurement, standards, law, protocol, administrative method), social relationships ("yin") and division. Shen Dao eschews appointment by interview in favour of a mechanical distribution ("the basis of fairness") with the invariable Fa apportioning every person according to their achievement.
If one rabbit runs through a town street, and a hundred chase it, it is because its distribution has not been determined... If the distribution has already been determined, even the basest people will not fight for it. The way to control All-under-Heaven and the country lies solely in determining distribution.[62]
The greatest function of Fa ("the principle of objective judgement") is the prevention of selfish deeds and argument. However, doubting its long-term viability Shen did not exclude moral values and accepted (qualified) Confucian Li's supplementation of Fa and social relationships, though he frames Li in terms of (impersonal) rules.
"The state has the li of high and low rank, but not a li of men of worth and those without talent. There is a li of age an youth, but not of age and cowardice. There is a li of near and distant relatives, but no li of love and hate."[63]
For this reason he is said to "laugh at men of worth" and "reject sages", his order relying not on them but on the Fa.[64]
Linking Fa to the notion of impartial objectivity associated with universal interest, and reframing the language of the old ritual order to fit a universal, imperial and highly bureaucratized state,[65] Shen cautions the ruler against relying on his own personal judgment,[66] contrasting personal opinions with the merit of the objective standard, or fa, as preventing personal judgements or opinions from being exercised. Personal opinions destroy Fa, and Shen Dao's ruler therefore "does not show favoritism toward a single person."[65]
When an enlightened ruler establishes [gong] ("duke" or "public interest"), [private] desires do not oppose the correct timing [of things], favoritism does not violate the law, nobility does not trump the rules, salary does not exceed [that which is due] one's position, a [single] officer does not occupy multiple offices, and a [single] craftsman does not take up multiple lines of work ... [Such a ruler] neither overworked his heart-mind with knowledge nor exhausted himself with self-interest (si), but, rather, depended on fa (standards) for settling matters of order and disorder, rewards and punishments for deciding on matters of right and wrong, and weights and balances for resolving issues of heavy or light ...[65]
It is said: "When the great lord relies on fa and does not act personally, affairs are judged in accordance with (objective) standards (fa)." The benefit of fa is that each person meets his reward or punishment according to his due, and there are no further expectations of the lord. Thus resentment does not arise and superiors and inferiors are in harmony. If the lord of men abandons fa (standards) and governs with his own person, then penalties and rewards, seizures and grants, will all emerge from the lord's mind. If this is the case, then those who receive rewards, even if these are commensurate, will ceaselessly expect more; those who receive punishment, even if these are commensurate, will endlessly expect more lenient treatment... people will be rewarded differently for the same merit and punished differently for the same fault. Resentment arises from this.[67][68][69]
Creel believed that Shen had the same sort of administrative idea denoted by Shen Buhai's Xing-Ming, he notes that he does not use the term.[70]
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Doctrine of position (shi)
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Shen Dao, as the Han Feizi's figure for shi, may be a later figure than Shang Yang and Shen Buhai. However, used in many areas of Chinese thought, shi (situational advantage) probably originated in the military field.[71] Diplomats and kings wishing to free themselves from the aristocrats relied on concepts of situational advantage and opportunity, as well as secrecy, which is part Shen Buhai's doctrine, long before the ascendancy of sovereignty or law.[72] Sun Tzu would go on to incorporate Taoist philosophy of inaction and impartiality, as well as punishment and rewards as systematic measures of organization, recalling Han Fei's concepts of power (shi) and tactics (shu).[73]
On the shi of The Art of War, relatable to Shen Dao's, Henry Kissinger says: "Chinese statesmanship exhibits a tendency to view the entire strategic landscape as part of a single whole... Strategy and statecraft become means of 'combative coexistence' with opponents. The goal is to maneuver them into weakness while building up one's own shi, or strategic position." Kissinger considers the "maneuvering" approach an ideal, but one that ran in contrast to the conflicts of the Qin dynasty.[74]
The older works of Jacques Gernet and A.C. Graham in particular took the Legalists as understanding that the power of the state resides in social and political institutions, innovative in their aim to subject the state to them.[75] Like Shen Buhai, Shen Dao largely focused on statecraft (Fa), and Confucian Xun Kuang discusses him in this capacity, never referencing Shen Dao in relation to power.[76] Shen Dao was early remembered for his theories on shi (lit. "situational advantage", but also "power" or "charisma") because Han Fei references him in this capacity.[77]
Shen Dao
Searching out the causes of disorder, Shen Dao observed splits in the ruler's authority.[78] Shen Dao's theory on power echoes Shen Buhai, referenced by Xun Kuang as its originator, who says "He who (can become) singular decision-maker can become the sovereign of All under Heaven".[79] Shen Dao's theory may otherwise have been borrowed from the Book of Lord Shang.[80]
For Shen Dao, "Power" (Shih) refers to the ability to compel compliance requiring no support from its subjects, though it does not preclude this.[77] (Shih's) merit is that it prevents people from fighting each other; political authority is justified and essential on this basis.[81] Shen Dao says: "When All under Heaven lacks the single esteemed [person], then there is no way to carry out the principles [of orderly government, li 理].... Hence the Son of Heaven is established for the sake of All under Heaven... All under Heaven is not established for the sake of the Son of Heaven..."[82]
Talent cannot be displayed without power.[83] Shen Dao says: "The flying dragon rides on the clouds and the rising serpent wanders in the mists. But when the clouds disperse and the mists clear up, the dragon and the serpent become the same as the earthworm and the large winged black ant because they have lost what they ride."[77] Leadership is not a function of ability or merit, but is given by some a process, such as giving a leader to a group.[84] "The ruler of a state is enthroned for the sake of the state; the state is not established for the sake of the prince. Officials are installed for the sake of their offices; offices are not established for the sake of officials...[65][84]
Usually disregarded by the other figures, Shen Dao considers moral capability useful in terms of authority. If the ruler is inferior but his command is practised, it is because he is able to get support from people.[77] But his ideas otherwise constitute a "direct challenge" to Confucian Virtue.[85] Virtue is unreliable because people have different capacities. Both morality together with intellectual capability are insufficient to rule, while position of authority is enough to attain influence and subdue the worthy, making virtue "not worth going after."[86]
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