This essay defends a novel interpretation of the term xìng 性 as it occurs in Chinese texts of the late Warring States period (roughly 320–221 BCE). The term played an important role both in the famous controversy over the goodness or badness of people’s xìng and elsewhere in the intellectual discourse of the period. Extending especially the work of A.C. Graham, the essay stresses the importance for understanding xìng of early Chinese assumptions about spontaneity, continuity, health, and (in the human (...) case) motivation. These assumptions make xìng fundamentally different from the contemporary nature concepts with which it is often equated. In particular, people’s xìng is not a near-equivalent of human nature or (in modern Chinese) of rénxìng 人性. (shrink)

This paper focuses on an early Chinese conception of genealogical argumentation in the late Warring States text Han Feizi and a possible response it has to the problem of genealogical self-defeat as identified by Amia Srinivasan —i.e., the genealogist cannot seem to support their argument with premises their interlocutor or they themselves can accept, given their own argument. The paper offers a reading of Han Fei’s genealogical method that traces back to the meditative practice of an earlier Daoist text the (...) Zhuangzi and its communicative strategy, providing a conception of genealogy aimed at undoing fixations on political systems in order to bring about a more adaptive state—specifically, genealogy that does not require epistemological commitment to its premises. (shrink)

Han Feizi’s criticisms of Confucian and Mohist political recommendations are often thought to involve materialist or historicist arguments, independently of their epistemological features. Drawing largely on Amia Srinivasan’s recent taxonomy of genealogical arguments, this paper proposes a genealogical reading of passages in “The Five Vermin [五蠹 wudu]” and “Eminence in Learning [顯學 xianxue].” This reveals Han Feizi’s arguments to be more comprehensively appreciated as problematizing Confucian and Mohist political judgments as arising from undermining contingencies, rendering them irrelevant, if not detrimental, (...) to any lasting excellence of a state. In doing this, it is also suggested that there is a ‘master argument’ underlying Han Feizi’s criticisms, according to which the epistemology of the Confucians and Mohists are fundamentally unreliable. (shrink)

‘Legalism’ is a term that has long been used to categorize a group of early Chinese philosophers including, but not limited to, Han Fei (Han Feizi), Shen Dao, Shen Buhai, and Shang Yang. However, the usefulness of this term has been contested for nearly as long. This essay has the goal of introducing the idea of ‘Legalism’ and laying out aspects of the political thought of Han Fei, the most prominent of these thinkers. In this essay, I first lay out (...) how the term Legalism could be useful and what would be necessary in order for it to serve that use. I then turn to an investigation of certain aspects of the most prominent Legalist philosopher, Han Fei, that is quite important for understanding his philosophy and situating him in the context of the early Chinese philosophical milieu. In particular, I focus on an analysis of Han Fei's conception of the Way (dao), arguing that features of his philosophy most often discussed, namely, his advocacy of law (fa), administrative techniques (shu), and positional power (shi), arise out of his conception of a cosmic Way. I then turn to Han Fei's understanding of the role of history, demonstrating how it differs radically from the views of his contemporaries, raising serious challenges to Confucian, Daoist, and Mohist conceptions of history. (shrink)

Developed here is a Confucian balance between two key democratic ideals, liberty and community, by focusing on the Confucian notion of li (ritual), which has often been considered hostile to liberty. By adopting a semiotic approach to li and relating it to recent studies of ritual in various Western disciplines, li's contribution to communication and its aesthetic dimension are explored to show how emphasizing harmony without sacrificing reflective experience and personal fulfillment renders li a concept of moral empowerment of free (...) individuals in community. (shrink)

Using both Confucian texts and the work of American pragmatist John Dewey, this book offers a distinctly Confucian model of democracy.

This paper refutes the hypothesis that Shang and Zhou law or penal law originated with the Miao tribe. After examining the sociological theory that custom is the basis of law, I focus on the role of ritual-action and law in Shang and Zhou China embodied in the military, the administrative operations at court, and in the records and literature, to show that the scientific position provides a reasonable interpretation that the Shang people originated their own law. The evidence for Shang (...) and Zhou law is examined. Finally, I critique the hypothesis for the non-Chinese origin of Shang law. (shrink)

This article is a study of the Later Mohists' 'Lesser Selection (Xiaoqu)', which, more than any other early Chinese text, seems to engage in the study of logic. I focus on a procedure that the Mohists called mou . Arguments by mou are grounded in linguistic parallelism, implying perhaps that the Mohists were on the way to a formal analysis of argumentation. However, their main aim was to head off arguments by mou that targeted their own doctrines, and if their (...) argument succeeds then it entails that linguistic parallelism can never ground a cogent argument. In a way, this committed them to the view that formal logic cannot work, but the fact that they did not pursue this line of investigation was by no means inevitable. One consequence of this study is that the Later Mohists conducted their logical work by studying the behaviour of terms and verb phrases, and did not identify the sentence as a significant linguistic unit. This tends to confirm Chad Hansen's generalisation that early Chinese philosophers did not posit sentences or other sentence-like entities such as propositions, beliefs, or laws. Focusing on subsentential expressions did not stop the Mohists from addressing genuinely logical issues, but it may help explain the fact that they never developed a conception of logical structure. This study includes the complete Chinese text of the 'Lesser Selection' and a translation in English. (shrink)