In much of pre-Qin political philosophy, including those thinkers usually labeled Confucian, Daoist, or Mohist, at least part of the justification of the political state comes from their views on morality, and the vision of the good ruler was quite closely tied to the vision of the good person. In an important sense, for these thinkers, political philosophy is an exercise in applied ethics. Han Fei, however, offers an interesting break from this tradition, arguing that, given the vastly different goals (...) of moral theory and political theory, it would be disastrous to rely upon the former to undergird the latter. He develops a distinctly amoral political philosophy that avoids many of the problems he sees as arising from a reliance on particular virtues on the part of the ruler or others within the state. In this paper, I analyze the source of normativity in Han Fei’s political philosophy, arguing that he demonstrates a keen understanding of the problems inherent in any system that relies upon moral standards to develop a strong, stable, and prosperous state. Rather, he demonstrates how an understanding of human nature, along with a recognition of facts about the natural world, allows for the development of a non-moral political philosophy that relies on a systematic bureaucracy and an inviolate system of law, one which will be much more successful, he believes, than anything his competitors can construct. (shrink)

Throughout the text of the _Han Feizi_, we see opposition to traditional (and often Confucian) perspectives on a wide range of state activities, both internally and externally. This antipathy towards the traditional morally-based criteria for justifying state actions extends to the questions of when, how, and if to wage war. In what we may today think of as reasoning akin to Western conceptions of political realism, Han Fei argues that considerations of morality have no place, either in questions of war (...) and peace or, indeed, in broader questions of politics more generally. This is not, though, to say that Han Fei is uninterested in broader questions of when ware and peace are justified. However, such justifications are based not to be justified by appeal to moral concerns. Rather, the fundamental question to be answered is how the strength, security, and flourishing of the state would be affected by warfare. By viewing questions of war and peace from the perspective of state consequentialism, Han Fei believes that we can ascertain the answers to questions not only about when and if to engage in warfare, but also to questions of what particular actions can be justified within the context of war. (shrink)

In early Chinese philosophical discussions, a range of prominent philosophers developed conflicting moral and political philosophies and evinced, at times, a certitude of the correctness of their views that leave the reader with the strong impression that no evidence could be proffered that would lead to a chance of these views. Furthermore, in a wide variety of ways, acting on any of these views requires both substantial and comprehensive changes in one’s actions and values in both the personal and political (...) spheres. These elements have led some to describe such philosophers as fanatics, and the political views espoused as fanatical. Without pre-judging the appropriateness of such descriptions, this paper works to examine the philosophical insights that may be gained by turning the lens of (Western) conceptions of fanaticism on a range of early Chinese philosophers. (shrink)

In this paper, I analyze the ‘Da ti’ chapter of the Han Feizi 韓非子. This chapter is often read as one of the so-called Daoist Chapters of text. However, a deeper study of this chapter allows us to see that, while Daoist terminology is employed, it is done so in a way that is certainly not reminiscent of either the Zhuangzi 莊子 or the Laozi 老子. Neither, though, does it have quite the flavor of other chapters in the Han Feizi (...) where scholars have often read Han Fei s advocating a system of government based on laws promulgated by the ruler, the content of which is left solely to the ruler’s discretion. Throughout this paper, I hope to demonstrate that a reading of the ‘Da ti’ chapter allows us to understand that Han Fei is not simply advocating a system of government based on laws promulgated by the ruler, the content of which is left solely to the ruler’s discretion. This chapter can help us begin to understand that Han Fei has a much more nuanced system and that he advocates law that accords with the overarching pattern of the universe. In doing this, I will show that the idea of fa 法 (standard, law) that we see utilized by Han Fei, both in these chapters do not fall neatly into Western conceptions of law, and thus previous scholars who have worked based on these conceptions have missed important aspects of Han Fei’s thought. I also attempt to demonstrate that this interpretation of law is consistent with the way that it is used in the rest of the Han Feizi. (shrink)

Chapter 15 of the Xunzi stands as the most comprehensive account of the early Confucian analysis of warfare. Unlike a range of other early, non-Confucian discussions on warfare, particular strategies and tactics are taken to be of secondary importance. Thus, Xunzi refuses to discuss practical military strategy without framing it within a much broader ethical, social, and political context. On his account, a well-ordered, flourishing state necessarily rests upon a particular set of rituals and social norms in which people can (...) cultivate themselves morally. Such a state has nothing to fear from any enemy, no matter how tactically sophisticated or militarily skilled. -/- To many, such a view seems overly. However, given that Xunzi is anything but Pollyannaish in other parts of the text and is quite pessimistic about human nature in general, it behooves us to dig a bit more deeply into his ideas about military affairs and examine whether they can be understood in a more plausible light. This article provides a reading of Xunzi’s views on military affairs that is internally consistent and corresponds with Xunzi’s broader ethical and political views, while also showing why someone of Xunzi’s obvious intellectual acumen might hold such a view. (shrink)

The Shenzi Fragments is the first complete translation in any Western language of the extant work of Shen Dao (350–275 B.C.E.). Though his writings have been recounted and interpreted in many texts, particularly in the work of Xunzi and Han Fei, very few Western scholars have encountered the political philosopher's original, influential formulations. This volume contains both a translation and an analysis of the Shenzi Fragments. It explains their distillation of the potent political theories circulating in China during the Warring (...) States period, along with their seminal relationship to the Taoist and Legalist traditions and the philosophies of the Lüshi Chunqiu and the Huainanzi. These fragments outline a rudimentary theory of political order modeled on the natural world that recognizes the role of human self-interest in maintaining stable rule. Casting the natural world as an independent, amoral system, Shen Dao situates the source of moral judgment firmly within the human sphere, prompting political philosophy to develop in realistic directions. Harris's sophisticated translation is paired with commentary that clarifies difficult passages and obscure references. For sections open to multiple interpretations, he offers resources for further research and encourages readers to follow their own path to meaning, much as Shen Dao intended. The Shenzi Fragments offers English-language readers a chance to grasp the full significance of Shen Dao's work among the pantheon of Chinese intellectuals. (shrink)

There is a wide array of contemporary arenas toward which the ideas of Han Fei may be directed. One of these is the arenas where Han Fei may potentially be of use is that of corporate and business ethics. Even if we disagree with Han Fei’s pessimistic assumptions about human dispositions and the plausibility of moral cultivation, we may find such a framework useful for analyzing how businesses, corporations, indeed any sort of bureaucracy can and should function. Milton Friedman was (...) of course famous for his claim that “there is one and only one social responsibility of business―to use its resources and engage in activities designed to increase its profits so long as it stays within the rules of the game.” On this account, businesses not only do, but should act in a fashion which bears stark similarities to how Han Fei believes that human dispositions lead them to act at the individual level. He then draws a range of conclusions from this, and it is worth exploring the extent to which these conclusions are useful as we determine how to analyze, evaluate, organize, and limit corporate behavior. (shrink)

In this paper, I wish to examine the plausibility of two distinct but interrelated claims that might arise out of reading the Mozi . First, I want to examine the plausibility of understanding Mohist philosophy as quite naturalistic, notwithstanding the Mozi’s apparent discussion of a Heaven (tian 天) that has desires, likes, and dislikes and ghosts and spirits who do Heaven’s bidding. In this vein, I wonder if the Mohists think that it is simply a fact of the universe that (...) Heaven cares for all humans impartially, in much the same way that certain other thinkers in the Chinese tradition understand Heaven as having a set of regularities that can be understood and acted upon. Arising from this may be the idea that the right thing to do, in a hypothetical rather than categorical sense, is to accord with Heaven. -/- This then leads to the second part of this paper – questioning the substantive moral normativity often ascribed to the Mozi. Once we remove the supra-natural understanding of Heaven from Mohist thought, we may understand the normativity within as a non-moral normativity. Perhaps it is not that we morally ought to accord with Heaven’s will and act impartially or morally ought to accord with the natural world and follow the Dao. Rather, these can simply be seen as success criteria. Insofar as we wish to have a strong, flourishing, and prosperous state – or, in the Mozi’s terms a wealthy, populous and well-ordered state – it is necessary to accord with how the world is actually structured. (shrink)

This essay examines the role that the the ethical plays in early Confucian political philosophy. By focusing primarily on the political thought of Xunzi, I argue that there is a necessary relationship between ethical ideas and political ideas in texts such as the Analects, Mengzi, and Xunzi. In particular, I argue against a more ‘realist’ reading of the tradition which argues that for early Confucians political order was not only a goal independent of ethical goals but also one in which (...) morality had no role to play. In doing so, I show that interpreting the early Confucians constructing their political thought on top of the scaffolding of their ethical views allows us to make more sense of the broader array of ideas on the political realm appearing throughout these texts. (shrink)

This essay examines whether an invocation of an epistemological privilege on the part of supposed moral experts prevents potential students from being able to evaluate among potential candidates for the role of plausible moral teacher. Throughout, it works to demonstrate that it is possible for even the untutored student to distinguish between a fanatic and a moral expert. In particular, this essay focuses on the version of virtue ethics espoused by the early Chinese philosopher Xunzi. It argues that by reflecting (...) on the attributes of fanatics, as well as on Xunzi's ideas and arguments about students and teachers, it is possible to arrive at a general set of principles that provide beginners with the tools necessary to distinguish dangerous fanatics from plausible moral teachers, even given the fact that both claim for themselves an epistemological privilege. (shrink)

One of Han Fei’s most trenchant criticisms against the early Confucian political tradition is that, insofar as its decision-making process revolves around the ruler, rather than a codified set of laws, this process is the arbitrary rule of a single individual. Han Fei argues that there will be disastrous results due to ad hoc decision-making, relationship-based decision-making, and decision-making based on prior moral commitments. I lay out Han Fei’s arguments while demonstrating how Xunzi can successfully counter them. In doing so, (...) I argue that Xunzi lays out a political theory restricting the actions of the ruler through both the use of ritual and law, which allows him to develop a theory that legitimizes government while at the same time constraining itself. Xunzi’s political theory makes important strides in its attempt to recognize the importance of the ruler as a moral exemplar while also restricting his control in the political process. (shrink)

The political philosophies of Kongzi, Mengzi, and Xunzi can fruitfully be understood as focusing substantially on politically relevant merit – and as having conceptions of politically relevant merit intertwined with their conceptions of morality and virtue. In short, on their account, politically relevant merit finds its necessary foundation in morally relevant merit. In critiquing this position, Han Fei questions four positions that must be true in order for the early Confucian position to succeed: 1) Politically relevant merit is necessarily tied (...) to moral merit; 2) Virtuous individuals who possess the relevant moral merits can reliably be identified even by those who are not themselves virtuous; 3) Moral cultivation is actually possible; and 4) Those qualities that make someone virtuous can reliably be ascertained. This paper examines the worries that Han Fei has with these positions and offers up an account of Han Fei’s own account of politically relevant merit – a non-moral alternative tied to task specific competencies. (shrink)

In the Western philosophic tradition, virtue theory has rarely been extended to the political realm. There is a long tradition that advocates the role of virtue in ethical theory, but the implications of this tradition for political theory have largely been neglected. However, in the Chinese tradition, we very early on see the use of virtue-based theories not only in ethics but in political thought as well. Indeed, one of the most sophisticated early Confucian philosophers, Xúnzǐ 荀子 (fl. 298–238 BCE), (...) believes that a virtue-based political theory is a natural extension of his virtue-based ethical theory. At the same time, a prominent anti-Confucian political philosopher, Hán Fēizǐ 韓非子, was diametrically opposed to allowing virtue, or, indeed, any other moral quality, serve as the basis for political theory, arguing instead that a clear set of laws should serve as the fundamental basis. Therefore, this tradition offers us a very clear debate on the problems and promise of a virtue politics. This debate is not only of historical interest, however. To the extent that contemporary philosophers interested in the possibility of extending virtue theory to the political realm take themselves to be prescribing for everyone, as opposed to simply for those within their own cultural background, they must be willing to take into account other traditions that have wrestled with similar issues. In early China we not only see a version of virtue politics, we also see a sophisticated debate about its viability. And, while Xúnzǐ himself may not be capable of answering all of Hán Fēizǐ’s objections, analyzing this debate affords us the opportunity to see how and where a particular conception of virtue politics succeeds and fails, providing contemporary philosophers not only with a set of problems that must be overcome but also with a promising way forward. (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)

Although there has been a resurgence of interest in virtue ethics, there has been little work done on how this translates into the political sphere. This essay demonstrates that the Confucian thinker Xunzi offers a model of virtue politics that is both interesting in its own right and potentially useful for scholars attempting to develop virtue ethics into virtue politics more generally. I present Xunzi’s version of virtue politics and discuss challenges to this version of virtue politics that are raised (...) by the Legalist thinker H an Fei. I show that not only is Xunzi’s virtue politics capable of surviving the challenges raised by his contemporary, he offers an account that is in many ways both attractive and plausible, one that may usefully be brought into conversation with contemporary visions of virtue politics. (shrink)

In this paper, I take a prominent and plausible conception of virtues from the Western tradition, apply it to some early Confucian texts, and see where it succeeds and fails. In this way, I hope to be able to show how this conception of virtues needs to be revised. The particular conception of virtues I am starting with is one of virtues as correctives that was made prominent by Philippa Foot in her paper “Virtues and Vices.” On Foot’s account, “the (...) virtues are corrective, each one standing at a point at which there is some temptation to be resisted or deficiency of motivation to be made good.” This conception captures certain aspects of the virtues. However, I demonstrate that virtues that are often thought of as correctives are not best characterized in this way, at least on the general understanding of correctives. I do this in two ways. First I show that being a corrective is only a contingent feature of these virtues. Second, I demonstrate that ‘self-love’, which carries many similarities to other so-called corrective virtues, is a plausible candidate for the status of virtue while not being a corrective, even in a contingent way. This claim about the plausibility of ‘self-love’ as a virtue is one that Foot explicitly denies. In addition, I show that there is another class of virtues that the idea of virtues as correctives completely misses. I will call this class of virtues ‘inclinational virtues.’ Finally, I explain why expecting the notion of a corrective to accommodate the idea of inclinational virtues is unwise. (shrink)

While most discussions of political realism in the West draw their inspiration from thinkers such as Thucydides, Machiavelli, and Hobbes, they were far from the only political theorists developing such an approach. Rather, we see realist approaches to politics not only in a vast array of European thinkers throughout history, but also in in a diverse range of non-European traditions. From Kautilya’s 2nd c. BCE Sanskrit classic to the eponymously named Han Feizi from China, a variety of realist visions were (...) developed alongside arguments detailing structural problems in the more idealist political visions of their rivals. One such thinker, whose ideas have largely been lost to the contemporary world was the Chinese philosopher Shen Dao (c. 350-275 BCE). -/- One of the most philosophical intriguing arguments Shen Dao develops focuses on the sources of political resentment and the necessity of eliminating them as a prerequisite to a strong and stable society and state. This essay develops Shen Dao’s argument that resentment arises not merely when people’s desires are not fulfilled but rather when there was an expectation that they could have been fulfilled and work to demonstrate how he envisions eliminating sources of resentment in the political sphere. In doing so, it engages with much more prevalent Confucian views, demonstrating that Shen Dao presents a trenchant criticism of one of the very bases of Confucian political philosophy and, indeed any political theory that develops itself from moral foundations. -/- This paper closes with an analysis of how Shen Dao’s ideas may be brought into conversation with those of political realists more familiar to a Western audience, with a goal of “pursuing the ideal of working with similarities in differences and differences in similarities.” In particular it raises the question for students of why the worries of resentment were not foregrounded in the West in the way that they were by Chinese realists. This provides students with entry into examining the ways in which different cultures approach very similar topics and allows us to more deeply reflect not only on why certain things were emphasized in a particular tradition but why others were de-emphasized or seemingly ignored. (shrink)

This includes a full translation of the following chapters of the Han Feizi: -/- Ch. 5 – The Way of the Ruler; Ch. 6 – Having Standards; Ch. 7 – The Two Handles; Ch 12 – The Difficulty of Persuasion; Ch 27 – Employing the People; Ch. 29 – The Great Whole; Ch. 40 – A Critique of the Doctrine of Positional Power; Ch. 43 – Establishing Methods of Government; Ch. 49 – The Five Vermin. Ch. 50 – On the (...) Illustrious Schools of Thought -/- Additionally, it includes translations of short sections of the following chapters: -/- Ch. 32 – Collected Illustrations • Outer Part • Upper Left Section; Ch. 35 – Collected Illustrations • Outer Part • Lower Right Section; Ch. 47 – Eight Explanations. (shrink)

This paper argues that Han Fei provides us with a theory of punishment that needs not rely upon any sort of moral justification. Furthermore, feelings, including those of disgust, resentment, and anger, are completely irrelevant to the question of punishment. Rather, punishment is simply seen as a mechanistic tool that is employed when some aspect of the political system breaks down, such as when a minister’s proposals do not match their deeds or their deeds do not match their job description. (...) These ideas are quite closely tied to his views on desert, a concept of desert quite different from what we see in the West. Not only does his view lack certain elements that Western desert theorists such as Joel Feinberg consider essential to the very concept of desert, he is quite conscious of this lack and provides a defense of his view. In particular, he offers a conception of desert that does not require that it be conceptually and morally prior to social institutions. As such, Han Fei provides us with a unique lens through which to analyze punishment and its justification that is importantly different from either retributivist or consequentialist justifications. (shrink)

What is Chinese Realism and how to update its research program? Realism analyses the world as it is – not as it should be. Realists, then, propose dealing with actual, real-world problems using actual, real-world instruments, such as incentives, rewards, and punishments. Once a major power in classical Chinese philosophy, Realism, or Legalism, fell out of favor early on in Chinese history. Its ideas, however, remain alive and powerful. This edited volume shows that many of the Legalist recipes for creating (...) strength, security, and order can still be applied today. Whether in international relations or corporate ethics, whether in the organization of the public sector or in the role that bureaucrats and politicians play, Realism offers unique ways of aligning these inherently particularistic actions with the broader common good. (shrink)

Introduction to special issue of Culture and Dialogue, on “Confucianism: Comparisons and Controversies,” co-edited with Henrique Schneider.

Even among those who work in the field of early Chinese philosophy,the name Shen Dao (慎到, ca. 360–285 BCe) rarely calls to mind much of interest, and what it does call up are often simply depictions of him in several of the more famous texts of the time: in the Han Feizi as an advocate of positional power; in the Xunzi as being blinded by a focus on laws; or in the Zhuangzi as one who wished to discard knowledge. Few (...) through the centuries have attempted to examine his philosophical thought in detail, in part because no complete edition of his work has existed since at least the tenth century. Fragments of the work attributed to Shen Dao do, however, still exist, and by examining them we can begin to piece together an understanding of his political philosophy. In doing so, we come to the realization that Shen Dao's ideas are important not only historically but also merit attention from those engaged in constructive political philosophy. In his historical context, Shen Dao was one of the first political thinkers openly to question the tight connection between ethics and politics that was assumed by a range of thinkers in the Confucian and Mohist traditions. In particular, he provides a range of arguments against the state relying on the moral cultivation of even some of its members, focusing not on changing or developing the innate tendencies of human beings but rather on working with the natures humans initially have. (shrink)

The ArgumentAmerican eugenics developed out of a cultural tradition independent of medicine. However, the eugenicist Harry Hamilton Laughlin and some legal experts involved in eugenic practice in the United States used medical language in discussing and evaluating enforced eugenic sterilizations. They built on medicine as a model for healing, while at the same time playing down medicine's concern with its traditional client: the individual patient. Laughlin's attitude toward medicine was ambivalent because he wanted expert eugenicists, rather than medical experts, to (...) control eugenic practice. In contrast, legal experts saw eugenics as an integral part of medicine, though one expert challenged basing the judicial system on eugenically minded medicine. All in all, the medicalization of American eugenics involved expanding the scope of medicine to include the mutilation of individuals for the benefit of society. The judicial system was medicalized in that an expanded medicine became the basis of legislation in the thirty states that permitted eugenic sterilizations. (shrink)

Having studied mathematics, in particular foundations and philosophy of mathematics, it happened that I was asked to teach logic to the students in the Faculty of Philosophy of the Radboud University Nijmegen. It was there that I discovered that logic is much more than just a mathematical discipline consisting of definitions, theorems and proofs, and that logic can and should be embedded in a philosophical context. After ten years of teaching logic at the Faculty of Philosophy at the Radboud University (...) Nijmegen, thirty years at the Faculty of Philosophy of Tilburg University and nine years at the Faculty of Philosophy of the Erasmus University Rotterdam, I got many ideas how to improve my LOGIC book which was published twenty five years ago in 1993 by Verlag Peter Lang. Although the amount of work was enormous, I felt I should do it. It is like working on a large painting where you put some extra color in one corner, add a little detail at another place, shed some more light on a particular face, etc. (shrink)

The ‘Responsibility Objection’ to Judith Thomson's famous argument for the permissibility of abortion challenges the relevance of her ‘Violinist Analogy’ to certain types of voluntary unwanted pregnancy, on the grounds that those pregnancies, even though they may be unwanted, are pregnancies for which the woman can be plausibly held responsible. This article considers the force of a number of recent objections to the Responsibility Objection, advanced by Harry Silverstein, David Boonin, and Jeff McMahan, and judges them to be unpersuasive. It (...) is concluded that, in the absence of further considerations, the Responsibility Objection carries force. (shrink)

Ten aanzien van Europa is de vraag aan de orde of de doelstellingen louter materieel en economisch zouden moeten zijn of ook ideëel. De auteur ervaart een geestelijke dimensie aan zijn plaats als Duitser in Europa en wil aan het verleden van Europa een plaats geven in zijn leven. Het is problematisch dat cultureel erfgoed grotendeels in musea wordt geplaatst, buiten het dagelijks leven. Het belang van een robuuste gemeenschapszin en van geestelijke waarden. Ethiek veronderstelt een beeld van de mensen (...) als stoffelijk en geestelijk. De menselijke rede is niet sterk genoeg om een juist gebruik van vrijheid te garanderen en vrijheid moet door verantwoordelijkheidsgevoel worden beteugeld. Iets vergelijkbaars geldt voor het denken over schoonheid. 'Ik ben ervan overtuigd dat we de kunst nodig hebben om dat gezonde verstand te voeden zonder welk geen enkele politieke constructie op lange termijn zal standhouden.' We hebben de kunst nodig om ons te helpen een ideaal van menselijkheid te behouden. (shrink)

This essay challenges the widely accepted principle that a person is morally responsible for what he has done only if he could have done otherwise. The author considers situations in which there are sufficient conditions for a certain choice or action to be performed by someone, So that it is impossible for the person to choose or to do otherwise, But in which these conditions do not in any way bring it about that the person chooses or acts as he (...) does. In such situations the person may well be morally responsible for what he chooses or does despite his inability to choose or to do otherwise. Finally the author considers certain suggestions for revising the principle he rejects or for replacing it with a principle of an altogether different kind. (shrink)

In this enlightening book, Sam Harris argues that free will is an illusion but that this truth should not undermine morality or diminish the importance of social and political freedom; indeed, this truth can and should change the way we think about some of the most important questions in life.

The first sustained critique of how domestic courts in the EU apply the European Convention on Human Rights and interact with the European Court of Human Rights at Strasbourg. This book considers the British, French, and German approaches to the ECHR and shows that domestic courts apply and develop the Convention faithfully and positively.