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Shen Dao

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Chinese legalist theoretician (c.350–c.275 BC) For spirit ways at Chinese mausoleums, see spirit way.
Shen Dao
慎到
Bornc. 350 BC
Diedc. 275 BC
EraAncient philosophy
RegionChinese philosophy
SchoolLegalism, Huang-Lao
Main interestsFa (concept)
Shen Dao
Chinese慎到
Transcriptions
Standard Mandarin
Hanyu PinyinShèn Dào
Gwoyeu RomatzyhShenn Daw
Wade–GilesShen Tao
IPA
Yue: Cantonese
Yale RomanizationSahn dou
JyutpingSan Dou
Southern Min
Tâi-lôSīn Tàu
Middle Chinese
Middle Chinesedʑìn tàw
Old Chinese
Baxter–Sagart (2014)*i-s tˤaw-s
Alternative Chinese name
Chinese慎子
Literal meaning"Master Shen"
Transcriptions
Standard Mandarin
Hanyu PinyinShènzǐ
Gwoyeu RomatzyhShenntzyy
Wade–GilesShen-tzu
Yue: Cantonese
Yale RomanizationSahn-jí
JyutpingSan-zi
Southern Min
Tâi-lôSīn-tsú
Middle Chinese
Middle Chinesedʑìn-tsí
Old Chinese
Baxter–Sagart (2014)*i-s tsəʔ
Part of a series on
Chinese legalism
Figures
Han figures
Later figures
Relevant texts
Relevant articles

Shen Dao (c. 350 – c. 275 BC) was a mid Warring states period Chinese philosopher and writer. Noteworthy as a predecessor to both Han Fei and Daoism, his remaining fragments are the most substantial of any Jixia Academy scholar, and may have been well known. Early remembered modernly for his influence on the Han Feizi with regards the concept of shi (勢; 'power', 'potential', circumstantial advantage or authority), most of his work would appear to have concerned the concept of fa (administrative methods and standards) commonly shared by others that the Han Confucian archivists classified as "Legalist".

In his time, Shen Dao was more concerned with having laws, and argues the value of bad laws over no laws. However, he is otherwise more focused on administration, and can historically be compared more with administrator Shen Buhai than the legalistic Shang Yang. Xun Kuang recalls both of them, taking Shen Buhai as more focused on power, and Shen Dao more focused on fa, but neither may have been familiar with Shang Yang. Although discussing reward and punishment, Shen Dao advocates their distribution more through impartial administrative mechanisms or standards (fa) than laws.

Text

Thompson states that the Shenzi was available until the fall of the Tang dynasty, though not in its original edition. 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.

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. These are the only known examples of the text of Shenzi that are contemporaneous with its composition.

Xun Kuang considered Shen's style grandiose.

Biography and dating

Usually referred to as "Shenzi" (慎子 'Master Shen') for his writings, very little is known of Shen Dao's life. Herrlee G. Creel believed he was a younger contemporary of Shen Buhai. An itinerant philosopher from the state of Zhao, Knechtges places 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. Julia Ching speculated that he may have been familiar with Shen Buhai, as Xun Kuang was later.

Even though he would be younger than Shen Buhai by these datings, Ban Gu argued that Shen Dao influenced both Shen Buhai and Han Fei. Although this could just be an example of later Han dynasty glossing, it is not without theoretical merit. The Han Feizi also places Shen Dao before Shang Yang and Shen Buhai in the outer chapters, saying that Shen Dao is worth discussing at least "for mediocre rulers." Shen Dao's administrative ideas are arguably less complex than Shen Buhai's on a technical level, and so theoretically can be harken back to an earlier strain of thinking than Shen Buhai, as Ban Gu claims.

Zhuangzi proto-Daoism

The people of Qi have a saying – "A man may have wisdom and discernment, but that is not like embracing the favourable opportunity. A man may have instruments of husbandry, but that is not like waiting for the farming seasons." Mencius A floating seed of the p'eng plant, meeting a whirlwind, may be carried a thousand li, because it rides on the power (shi) of the wind. If, in measuring an abyss, you know that it is a thousand fathoms deep, it is owing to the figures which you find by dropping a string. By depending on the power (shi) of a thing, you will reach a point, however, distant it may be, and by keeping the proper figures, you will find out the depth, however deep it may be. The Book of Lord Shang

Although Han Fei would generally be considered authoritarian, figures like Shen Dao were not necessarily always more authoritarian for their time. Advocating that administrative machinery (fa) be used to impartially determine rewards and punishments, Shen Dao otherwise advocates that the realm be literally modeled off the natural world.

Making use of the term "Dao" without cosmological or metaphysical reference, the Shenzi serves as noteworthy precursor to both Daoism and Han Fei. Posthumously, he is also sometimes classified as Taoist. The Zhuangzi takes his "fundamental" principle as the "equality of all things", so that Wang Fuzhi speculated that it's chapter on "Seeing Things as Equal" was actually written by Shen Dao. As opposed to the egoist Yang Zhu, Shen Dao is characterized by the Zhuangzi as impartial and lacking selfishness, his great way embracing all things.

The Han Feizi's Chapter 40 "Nanshi" also quotes from Shen Dao alongside the Zhuangzi, supporting its discussion with a spear-and-shield parable. Although Han Fei discusses Shen Dao in relation to power, it is a not a naked concept of power, but one based in "relying on circumstances", which fits right in with the Zhuangzi. Both discussions of him even use the same kind of imagery of being "tossed" or "driven" by the wind. Mencius also discusses Shi. Shen Dao might also have influenced a later chapter of the Shangjunshu, but there is not enough evidence to demonstrate it's discussion came from him.

Now, to bring together worthiness that cannot forbid anything and shih that forbids everything is a `halberd-and-shield' fallacy. Clearly enough, worthiness and circumstances are incompatible with each other.

Benjamin I. Schwarz characterized Shen Dao's convictions as Daoisticly indifferent, likening him to the 'inert passive clod' described in the last chapters of the Zhuangzi. Speculating that Shen Dao's philosophy similarly involves a ruler free from the turbulence of emotion or moral responsibility, Schwarz takes Shen Dao as seeing the impersonal structure of political authority and human society to be expressions of the spontaneous Dao in human civilization. Shen Dao rejects individual judgment, moral agents, sages, and, like other figures of the fajia, the "subjective intentionality of noble men." By contrast, Han Fei does not completely disregard the role of great men.

Relation with Confucianism

Although the Zhuangzi takes him as rejecting sages and lacking in "standards of conduct", Shen Dao was otherwise content to leave questions of li (rites) to custom. 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.

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. Rather than law itself, Xun Kuang opposes litigation and paradoxes, as found in the school of names.

Statecraft

Iron weight dated from 221 BC with 41 inscriptions written in seal script about standardizing weights and measures during the 1st year of Qin dynasty Where there is a scale, people cannot deceive others about weight; where there is a ruler, people cannot deceive others about length; and where there is Fa, people cannot deceive others about one's words and deeds. Shen Dao
Mold for making banliang coins

Graham characterizes Shen as a theoretician of centralized power. He espouses an impersonal administration in much the same sense as Shen Buhai, and in contrast with Shang Yang emphasizes the use of talent 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.

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, 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.

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."

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.

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, Shen cautions the ruler against relying on his own personal judgment, 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."

When an enlightened ruler establishes ("duke" or "public interest"), desires do not oppose the correct timing , favoritism does not violate the law, nobility does not trump the rules, salary does not exceed one's position, a officer does not occupy multiple offices, and a craftsman does not take up multiple lines of work ... neither overworked his heart-mind with knowledge nor exhausted himself with self-interest (si), but, rather, depended on laws and methods 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 ...

It is said: "When the great lord relies on fa and does not act personally, affairs are judged in accordance with (objective) method (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 method (Fa) 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.

Although sinologist Creel (1970:63) 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.

Doctrine of position (shi)

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. Diplomats relied on concepts of situational advantage and opportunity, as well as secrecy (which is part Shen Buhai's doctrine) long before the ascendency of such concepts as sovereignty or law, and were used by kings wishing to free themselves from the aristocrats. 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).

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.

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. 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. 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.

Shen Dao

Searching out the causes of disorder, Shen Dao observed splits in the ruler's authority. 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". Shen Dao's theory may otherwise have been borrowed from the Book of Lord Shang.

For Shen Dao, "Power" (Shih) refers to the ability to compel compliance requiring no support from its subjects, though it does not preclude this. (Shih's) merit is that it prevents people from fighting each other; political authority is justified and essential on this basis. Shen Dao says: "When All under Heaven lacks the single esteemed , then there is no way to carry out the principles .... 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..."

Talent cannot be displayed without power. 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." Leadership is not a function of ability or merit, but is given by some a process, such as giving a leader to a group. "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...

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. But his ideas otherwise constitute a "direct challenge" to Confucian Virtue. 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."

Notes

  1. Rubin 1974, p. 338; Hansen 2020; Goldin 2011, p. 108(20).
  2. Graham 1989, p. 268.
  3. Fraser 2011, p. 64; Goldin 2012, p. 47.
  4. Goldin 2011, pp. 96–98(8, 10); Graham 1989, p. 268; Pines 2017, p. 26; Fraser 2011, p. 459; Goldin 2013, p. 11.
  5. Dao Companion to the Philosophy of Han Fei. Shen Dao's Theory of fa and His Influence on Han Fei. p. 48. Soon-ja Yang
  6. "《上海博物馆藏战国楚竹书（六）》将出版". February 15, 2012. Archived from the original on 2012-02-15.
  7. Lu, Xing (1998). Rhetoric in Ancient China, Fifth to Third Century, B.C.E.: A Comparison with Classical Greek Rhetoric. Univ of South Carolina Press. ISBN 978-1-57003-216-5.
  8. Barlow 1985.
  9. Knechtges (2014), p. 871.
  10. Ching 1991, p. 76.
  11. Barlow 1985; Hansen 1992.
  12. Hansen 1992, pp. 348, 401.
  13. Goldin 2011, pp. 8–10, 96–98).
  14. Harris 2016, pp. 404–406.
  15. Harris 2016, pp. 16.
  16. Dao Companion to the Philosophy of Han Fei. Shen Dao's Theory of fa and His Influence on Han Fei. Soon-ja Yang
  17. John Emerson 2012. p. 1. A STUDY OF SHEN DAO
  18. Rubin 1974, pp. 338.
  19. Hansen, Chad (2014-12-17). "Zhuangzi". Stanford Encyclopedia of Philosophy Archive.
  20. Antonio S. Cua 2003 p. 362, Encyclopedia of Chinese Philosophy
  21. Rubin 1974, p. 338; Liu 1994, p. 55.
  22. Pines 2017.
  23. Schwarz 1985 p243,319,342-343,446
  24. Cua 2003, p. 693.
  25. ^ Graham 1989, p. 262.
  26. Harris 2016, pp. 37–39.
  27. Goldin 2011, p. 8,98; Rubin 1974, p. 343; Hansen 1992, p. 317; Harris 2016, p. 75.
  28. Masayuki Sato 2003. p. 137. The Confucian Quest for Order. https://books.google.com/books?id=FXJuJl5XTqAC&pg=PA137
  29. Graham, A. C. 1989/2015. p301. Disputers of the Tao: Philosophical Argument in Ancient China. Open Court. ISBN 9780812699425 – via Google Books.
  30. Major, John S.; Cook, Constance A. (2016-09-22). Ancient China: A History. Routledge. ISBN 978-1-317-50365-1.
  31. L.K. Chen and H.C.W Sung 2015 p.251 Dao Companion to Daoist Philosophy. https://books.google.com/books?id=L24aBQAAQBAJ&pg=PA251
  32. Emerson. Shen Dao: Text and Translation
  33. John Knoblock 1990. p. 172. Xunzi: Books 7–16. https://books.google.com/books?id=DNqmAAAAIAAJ&pg=PA172
  34. Masayuki Sato 2003. p. 134–135. The Confucian Quest for Order. https://books.google.com/books?id=FXJuJl5XTqAC&pg=PA134 Benjanmin I. Schwartz 1985. p. 247. The World of Thought in Ancient China. https://books.google.com/books?id=kA0c1hl3CXUC&pg=PA247
  35. Schwartz, Benjamin Isadore (2009-06-30). The World of Thought in Ancient China. Harvard University Press. ISBN 978-0-674-04331-2.
  36. ^ Erica Brindley, The Polarization of the Concepts Si (Private Interest) and Gong (Public Interest) in Early Chinese Thought. pp. 6, 8, 12–13, 16, 19, 21–22, 24, 27
  37. Shen Dao's Own Voice, 2011. p.202. Springer Science+Business Media B.V. 2011
  38. Goldin 2011, pp. 88–104.
  39. Sato, Masayuki (January 1, 2003). The Confucian Quest for Order: The Origin and Formation of the Political Thought of Xun Zi. BRILL. ISBN 9004129650 – via Google Books.
  40. Soon-Ja Yang 2013 p. 50. Shen Dao's Theory of fa and His Influence on Han Fei. Dao Companion to the Han Feizi. https://books.google.com/books?id=l25hjMyCfnEC&pg=PA50
  41. Paul R. Goldin, Persistent Misconceptions about Chinese Legalism. pp. 8–9 https://www.academia.edu/24999390/Persistent_Misconceptions_about_Chinese_Legalism_
  42. John Emerson 2012. p. 11. A Study of Shen Dao.
  43. Gernet, Jacques (1996-05-31). A History of Chinese Civilization. Cambridge University Press. ISBN 978-0-521-49781-7.
  44. Chen, Chao Chuan an Yueh-Ting Lee 2008 p.12. Leadership and Management in China
  45. Henry Kissinger 2012 p.31. On China
  46. Jacques Gernet 1982 p.90. A History of Chinese Civilization. https://books.google.com/books?id=jqb7L-pKCV8C&pg=PA90
  47. Antonio S. Cua 2003 p.362, Encyclopedia of Chinese Philosophy https://books.google.com/books?id=yTv_AQAAQBAJ&pg=PA363
  48. ^ Shen Dao's Own Voice, 2011. pp. 203–05. Springer Science+Business Media B.V. 2011
  49. Sato, Masayuki (2003-01-01). The Confucian Quest for Order: The Origin and Formation of the Political Thought of Xun Zi. BRILL. ISBN 978-90-04-12965-8.
  50. A.C. Graham 1989. p.268. Disputers of the Tao. https://books.google.com/books?id=QBzyCgAAQBAJ&pg=PA268
  51. ^ Pines, Yuri (2014), Zalta, Edward N.; Nodelman, Uri (eds.), "Legalism in Chinese Philosophy", The Stanford Encyclopedia of Philosophy (Winter 2014 ed.), Metaphysics Research Lab, Stanford University, retrieved 2023-08-23
  52. Benard, Elisabeth Anne (2010). Chinnamastā, the Aweful Buddhist and Hindu Tantric Goddess. Motilal Banarsidass Publishers. ISBN 978-81-208-1748-7.
    • Shen Dao's Own Voice, 2011. p.205. Springer Science+Business Media B.V. 2011
  53. Shen Dao's Own Voice, 2011. p.200,202. Springer Science+Business Media B.V. 2011
  54. Chen, Chao Chuan an Yueh-Ting Lee 2008 p.113. Leadership and Management in China
  55. John Emerson 2012. p. 11. A Study of Shen Dao.
  56. John Emerson 2012. p.11. A Study of Shen Dao.
  57. B.W. Van Norden. 2013 p.49. Han Fei and Confucianism: Toward a Synthesis. Dao Companion to the Han Feizi
  58. Lai, Karyn (2017-03-30). An Introduction to Chinese Philosophy. Cambridge University Press. ISBN 978-1-316-84185-3.

References

Further reading

  • The Shenzi Fragments: A Philosophical Analysis and Translation translated by Eirik Lang Harris, 2016, Columbia University Press

External links

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