Ancient Chinese Philosophy

Ancient Chinese Philosophy

Right	Section	Contents
Freedom of Association	Philosophical Origins	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.
Freedom of Expression	Philosophical Origins	Noted by Daniel Bell, professor of ethics and political philosophy and director of the Centre for International and Comparative Political Philosophy at Tsinghua University in Beijing, Confucius emphasized the importance of free political speech in The Analects. Conveyed by Bell, Confucianism supports civic engagement through political debate, a key element of free expression. Though, several other areas of the Analects dismiss certain forms of speech. For example one section of The Analects pronounces, “Crafty speech disrupts virtue” (The Analects of Confucius). While sections such as these condemn specific types of speech, they do not enforce a legal framework for restricting them. Thus, although Confucianism provides a framework for what qualifies as just speech, it does not explicitly urge followers to refrain from engaging in certain types of dialogue. In this way, Confucianism appears to promote freedom of expression. On the contrary, Legalism, with its focus on strong authoritarian power, promotes restrictions on free speech, weakening the right to free expression. Legalist scholar Han Feizi emphasizes this, stating, “Accordingly, in the country of an enlightened ruler there are no texts written in books and on bamboo strips, but the law is the teaching; there are no “speeches” of former kings” (Pines, 16). As noted by Han Feizi, within the legalist society, there are no teachings and works to be produced other than the laws created by the ruler. Thus, the principles of legalism directly counter the development of the right to free expression, as civilians are restricted by law from expressing themselves. Furthermore, these Legalist notions are emulated in contemporary China, where the communist party rampantly restricts the right to free expression. Taoism upholds intellectual freedom, promoting followers to use their creativity to express themselves. Though, discussed by You-Sheng Li in "A New Interpretation of Chinese Taoist Philosophy", “Taoist Freedom of thought is different from the Western concept of free speech, free expression, and free press. The latter are all concerned with the social space in which free thoughts are expressed, and therefore are part of modern society. Taoist freedom is concerned with the individual himself.” Thus, Taoist philosophy asserts that while individuals should be entitled to the freedom of thought, this liberty is not necessarily applied to society. In this way, Taoism supports the freedom of the individual to express themselves, but not the universal legal entitlement to free expression. References: “Daniel Bell: What Would Confucius Make of Free Speech in the Internet Age?” Free Speech Debate, freespeechdebate.com/media/daniel-bell-on-confucianism-free-speech/. The Analects of Confucius. chinatxt.sitehost.iu.edu/Analects_of_Confucius_(Eno-2015).pdf. Pines, Yuri. “Legalism in Chinese Philosophy.” Stanford Encyclopedia of Philosophy, Stanford University, 16 Nov. 2018, plato.stanford.edu/entries/chinese-legalism/#TilSolRulPeo. Freedom of Expression in China: A Privilege, Not a Right.” Freedom of Expression in China: A Privilege, Not a Right Congressional-Executive Commission on China, www.cecc.gov/freedom-of-expression-in-china-a-privilege-not-a-right. Sheng-Li, You. “A New Interpretation of Chinese Taoist Philosophy.” Google Books, Google, books.google.com/books?id=SEkjW5Xjm6oC&pg=PT244&lpg=PT244&dq=taoism%2Band%2Bfree%2Bspeech&source=bl&ots=GU0DYRvvjk&sig=ACfU3U3iQSkzEC2ngOJUx7K63jYk9AQrrw&hl=en&sa=X&ved=2ahUKEwi158vBpr7qAhVEgXIEHUFzBrwQ6AEwEHoECAsQAQ#v=onepage&q=taoism%20and%20free%20speech&f=false.
Freedom of Religion	Philosophical Origins	The three primary ancient Chinese philosophies, Confucianism, Legalism, and Taoism, represent various attitudes regarding the rights to religious freedom. Founded on the premise of reforming a corrupted society during the Spring and Autumn period, Confucianism initially strongly opposed the customs of other belief systems. For example, noted by Robert Cummings Neville, in their attempts to strengthen their philosophy, Confucians actively worked to suppress beliefs such as superstition, which persisted throughout Chinese culture at the time (Neville, 26). Additionally, noted by Neville, Confucianism has a self-serving definition of toleration. Neville asserts, “Relative to toleration, the principle is that anything in the wider environment can be tolerated so long as the narrower environment can flourish” (Neville, 30). Witnessed through this narrow denotation of “tolerance”, Confucianism emphasizes a sense of dogmatic ethnocentrism, in which other religions may be permitted, but only to the extent that Confucianism can thrive as the prevailing belief system. In this way, Confucianism undermines the idea of unfettered religious freedom. Legalism, which focuses solely on preserving the strength and stability of the state, emphasizes that “law should replace morality” (Winston, 313). Furthermore, Legalist scholar Han Feizi emphasizes law to be within total control of the sovereign, undermining the individual liberties of citizens (Winston, 315). While not directly related to freedom of religion, the Legalist sovereign's unilateral power over the law emphasizes that individuals have no natural entitlements. This weakens the perceived strength of civilians’ rights to religion, as through Han Feizi’s teachings, civilians would only be permitted to worship as directed by the Sovereign. Contrary to Confucianism and Legalism, Taoism, which emphasizes peace and harmony, is more tolerant of other groups, encompassing the principles of the right to religious freedom. Explained by Liu Jinguang, a Senior Fellow at the Center for Religious Research of China, unliked other belief systems, “Chinese Taoism has the fine tradition of upholding and promoting harmony… mutual respect and peaceful co-existence of different culture, nationalities and religions are the foundations for building a harmonious word” (Jinguang, 207). As Taoism embraces not only toleration, but acceptance, of other faiths, it upholds the necessity of religious freedom for world harmony. Therefore, Taoism distinctly argues the importance of religious rights, allowing for the co-existence of numerous religious groups. REFERENCES: Liu Jinguang, “The Tolerance and Harmony of Chinese Religion in the Age of Globalization,” Procedia - Social and Behavioral Sciences 77 (2013) 205 – 209 Robert Cummings Neville, “Confucianism and Toleration.” Journal of East-West Thought, 4/3 (September 2014). Pp. 25-38. Kenneth Winston. 2005. THE INTERNAL MORALITY OF CHINESE LEGALISM. Singapore Journal of Legal Studies (12): 313-347
Voting Rights and Suffrage	Philosophical Origins	Confucianism Confucianism presents that a virtuous person, and therefore a virtuous society, can only come about through the understanding of an individual’s place within their society, and the eager participation in the rites and rituals of the society by that individual (Mark, 2020). If both these things are realized, there will be a righteous and happy culture. The two major parts of understanding one’s place in their social system is honoring ones familial and social superiors: “Filial piety and fraternal submission,--are they not the root of all benevolent actions?” (Analects, 1.2). Within the Analects, there are many rules emphasizing the actions and attitudes one must take to those one should honor. Confucianism proposes that interest in oneself is limiting and: “To subdue one’s self and return to propriety, is perfect virtue”. This importance on the collective can harshly rub against one of the founding traditions towards the right to vote, as the right usually implies a dissatisfaction found within the current leadership when the right is expressed—certainly the modern origins of voting were led by that dissatisfaction. In fact, the insistence of usurping the power traditionally given to political superiors is greatly disrespectful and damaging under the Confucian view: “The requisites of government are that there be sufficiency of food, sufficiency of military equipment, and the confidence of the people in their ruler” (12.7). Confucianism reveals the highly individual nature of the right to vote which rises from a discontent towards the present politics. Confucianism can reveal the other, more collective side of the right to vote as well, however. The overcoming of the self is key for Confucianism which is realized when: “…one de-emphasizes the boundaries between oneself and others, and gives one’s own and others’ concerns as much weight as is appropriate to the situation” (Chang & Kalmanson, 2010, pg. 109). This is immanently compatible with the right to vote. Moreover, public rituals were seen as the path towards peace and virtue: “In practicing the rules of [ritual] propriety, a natural ease is to be prized. This is the Way of the ancient kings, a quality of excellence, and in things small and great follow them” (Analects, 1.12). Later: “The management of a state demands the rules of [ritual] propriety” (11.26). Under this lens, the right to vote is a ritual with which the current political and social order is being upheld, as well as an opportunity for citizens to participate together. Confucianism reveals how the right to vote is also a modern ritual of political participation, and Confucianism shows how the right to vote has a paradoxical nature. On the one hand, it is a mechanism that allows citizens to privately disrespect their leaders and voice their resentment with the qualities of their current political system. At the same time, voting also acts as a modern-day ritual that is experienced with other citizens. Taoism Central to Taoism is the full acceptance of the Tao. Describing the Tao is difficult as the very first lines of the Laozi texts state: “The tao that can be told is not the eternal Tao. The name that can be named is not the ternal Name” (Tao Te Ching, 1). It both creates and holds everything that is existing. With this expansiveness, the ambitions and anxieties of man’s daily life are unimportant and giving them special attention would be a personal mistake: “Heaven and earth are not like humans, they are impartial” (Tao Te Ching, 5). The strivings that people have create a paradoxical relationship between our ambition and their outcomes and this relationship is found all throughout the foundational text: “The pride of wealth and position brings about their own misfortune” (9). What we strive towards will usually bring what we are trying to avoid. The Taoist prescription to this issue is wu wei, which is a type of nonattached, spontaneous action. With wu wei, one doesn’t struggle to get anywhere, rather they are just expressing their natures as part of the Tao: “To win true merit, to preserve just fame, the personality must be retiring. This is the heavenly [Tao]” (9). The connection between Taoism and the right to vote can be readily made. The Taoist political life and rule is decidedly hands off. If it were intentional and active, one would reach similar problems to the ones that result from striving for things in one’s daily life. The Taoist errs on the side of not-intervening: “Among people the more restrictions and prohibitions there are, the poorer they become…The more laws and orders are issued the more thieves and robbers abound” (57). Later it states: “If a ruler practices wu wei the people will reform themselves” (57). The implication is that the more active a society’s politics is, the worse outcomes will occur for the state and its people. This shows that the Taoist has a preference towards a freer politics where the ruling forces are not apparent: “When great men rule, subjects know little of their existence…How carefully a wise ruler chooses his words. He performs deeds, and accumulates merit! Under such a ruler the people think they are ruling themselves” (17). As with Confucianism, Taoism provides two insights about the right to vote. On one hand, the right to vote for citizens is a decidedly more emphasized version of the allowance for people’s self-reformation. While this reformation decidedly occurs through the changing of one’s rulers, voting rights allow the people to go their own way, and live according to the ever changing, spontaneous desires and ideas that they hold, and the elected leadership reflects that. On the other hand, Taoism shows that the right to vote can come from a misguided ambition to change society, usually for unnecessary reasons. It is this discontented impulse which is responsible for the right to vote, and according to Taoism, this impulse brings with it dire consequences. Under this view, voting is unnecessary, and just another expression of man caring for things that are not his business. Of course, voting could also be an act of concession where the voter chooses for what their society already believes and approves of. Voting in this way is not to change anything, but rather to continue what is already present. However, it is arguable that the Taoist would still be against this as this prevents the spontaneous change present in the Tao. References: Wonsuk Chang, Leah Kalmanson / Wonsuk Chang. Confucianism in Context: Classic Philosophy and Contemporary Issues, East Asia and Beyond. Albany: State University of New York Press, 2010. Confucius, Analects Laozi, Tao Te Ching Mark, Joshua J.. "Confucianism." World History Encyclopedia. Last modified July 07, 2020. https://www.worldhistory.org/Confucianism/.