Freedom of Association/Philosophical Origins/Tradition contributions/Ancient Chinese Philosophy
What have religious and philosophical traditions contributed to our understanding of this right?
Ancient Chinese Philosophy
Various schools of Chinese Philosophy contribute to society’s understanding of the right to free association.
Legalism, with its adherence to strict punishments for any violation of the law, limits the liberty of citizens to freely associate. At its core, Legalism restricts the ability of citizens to act freely, as under the philosophy individual’s lives become entirely controlled by administrative acts (MacCormack, 62). Furthermore, the legalist state was not concerned with the liberties of civilians. Rather, legalists focused their efforts towards strengthening the economic and military strength of the state through authoritarian power (MacCormack, 63). Thus, in the school of Legalism, there is little tolerance for associations that counter the laws of the state, undermining the right to free association. Consequently, Confucianism emphasizes the ability of citizens to rebel against the emperor (Peek, 523). This bolsters the right to free association, as individuals are encouraged to join other political parties in the face of an unjust regime.
Though, more similarly to Legalism, additional elements of Confucianism vastly undermine the right to free association. As Confucianism evolved, the belief system began to emphasize a strict code of ethics, creating a rigid social structure (Peek, 532). This limited the ability of followers to freely associate, as they were confined to following a strict code of behavior. Thus, while Confucianism initially appears to support the right to free association, its development as a belief system has constricted the liberties of followers. While Taoism does not discredit the right to free association, it does weaken the importance of associations as a whole. Advocating that individuals put aside their distinguishing characteristics, Taoism stresses that there “is one underlying and uniting all phenomena” among human beings (Chan, 316). Furthermore, Taoists argue that human beings must transcend their personal distinctions, diminishing the value of individuals’ associations. Thus, while Taoism does not proclaim individuals should not be able to associate themselves with certain groups, it does argue that associations are ultimately meaningless.
References:
Wing-Tsit Chan, "19. Neo-Taoism" In A Source Book in Chinese Philosophy edited by Chan, 314-335. Princeton: Princeton University Press, 1963. https://doi.org/10.1515/9781400820030-025
MacCormack, Geoffrey. “The Legalist School and Its Influence upon Traditional Chinese Law.” ARSP: Archiv Für Rechts- Und Sozialphilosophie / Archives for Philosophy of Law and Social Philosophy 92, no. 1 (2006): 59–81. http://www.jstor.org/stable/23681616.
Peek, John M. “Buddhism, Human Rights and the Japanese State.” Human Rights Quarterly 17, no. 3 (1995): 527–40. http://www.jstor.org/stable/762392.