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INCIPIENT CHINESE BUREAUCRACY AND ITS IDEOLOGICAL RATIONALE: THE

CONFUCIANISM OF HSÜN TZǓ


Author(s): William C. Manson
Source: Dialectical Anthropology, Vol. 12, No. 3 (1987), pp. 271-284
Published by: Springer
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INCIPIENT CHINESE BUREAUCRACY AND ITS IDEOLOGICAL RATIONALE: THE
CONFUCIANISM OF HS?N TZU

William C. Manson

The causal interrelationship of ideology and force of society, is at the same time its ruling
the direction of social change has long been a intellectual force. The class which has the means of
material production at its disposal, has control at the
subject of theoretical inquiry for social scien?
same time over the means of mental production .... The
tists. In Max Weber's sociology, ideational ruling ideas are nothing more than the ideal expression
systems essentially underlie, and provide the of the dominant material relationships, the dominant
template for, the direction of social action. Thus, material relationships grasped as ideas; hence of the
social action can be explicated by causal relationships which make the one class the ruling one,
therefore, the ideas of its dominance [3].
analysis - but only through a non-materialist
explanatory approach dependent upon "a prior
grasp of the Subjective meanings' that men In the Weberian perspective, Confucianism,
attach to their actions [1]." Contrastingly, in the grounded in basic precepts about humanity's
nature and relationship to the universe, outlined
materialist perspective outlined by Marx, belief
an ethical patterning for conduct, a program for
systems are generally epiphenomena
conditioned by the inexorable contingencies of appropriate social action. In the present paper I
daily existence. Marx and Engels' The German have followed the Marxist supposition that the
Ideology (1846) provides the classic statement successive modifications or recastings of
of this approach: Confucian ideology were conditioned, to a
significant degree, by historical alterations in the
Morality, religion, metaphysics, all the rest of ideology
relations of social classes which characterized
and their corresponding forms of independence. They the transition from feudalism to bureaucratic
have no history, no development; but men, developing despotism. The modified Confucianism of the
their material production and their material intercourse,
philosopher Hs?n Tz?, in particular, may be
alter, along with this their real existence, their thinking
and the products of their thinking. life is not deter?
viewed as a direct precursor to Han Fei Tz?'s
mined by consciousness, but consciousness by life [2]. totalitarian "Legalism" - which in turn provided
both an ideological rationale and a practical
The movement of history in the Marxist formula? methodology for the emergence of the
tion is the ever-changing trajectory generated by bureaucratic despotism established with the
the dialectical tension between antipodal social Ch'in dynasty in 221 B.C.
classes for control of material production.
Belief-systems, as Marx and Engels explain, are
correspondingly fashioned by the ascendant CONFUCIUS AND THE DECLINE OF
social class to legitimate its material dominance: FEUDALISM

The ideas of the ruling class are in every epoch the Born in 551 B.C., Confucius lived in the
ruling ideas, i.e., the class which is the ruling material
minor state of Lu, where his family, formerly of
aristocratic heritage, had migrated [4]. An
William C. Manson has taught anthropology and sociology unsuccessful governmental official, Confucius
at Rutgers, St John's, and Fairleigh Dickenson universities. established the first private school for higher

Dialectical Anthropology, 12:271-284 (1988)


? Kluwer Academic Publishers -

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272

education in China, accepting pupils from all remarkable passage in the Analects:
social strata solely on the basis of merit - a
concept elaborated much later in the develop? Chi K'ang, distressed aboutthe number of thieves in the
state, inquired of Confuciushow to do away with them,
ment of the civil service examination system [5].
Confucius said, "If you, sir,were not covetous, although
Although generally characterized as a conserva? you should reward them todo it, they would not steal"
tive who idealized the feudal order of the early [12].
Chou sage-kings, Confucious nonetheless
constructed an ideological framework perhaps Confucius further admonishes Chi K'ang to
uniquely appropriate for the gradual shift from substitute moral leadership for capital punish?
feudal to bureaucratic institutions [6]. Through ment in controlling "the unprincipled": "The
"self-cultivation" in // (propriety), Confucius relation between superiors and inferiors is like
held, any man "might become a gentleman, if that between the wind and the grass. The grass
his conduct were noble [7]." Thus, the must bend, when the wind blows across it [13]."
"gentleman" was more properly distinguished by Elsewhere in the Analects, another metaphor is
moral attributes rather than by hereditary birth employed, the strength of the ruler's virtue
status. Self-cultivation and adherence to //, compared to a kind of celestial "center of
Benjamin Schwartz notes, mirrored the gravity": "The Master said, 4He who exercises
"ordering and harmonizing of the world [8]." government by means of his virtue may be
In the Analects, The Great Learning, and compared to the north polar star, which keeps its
other works, teachings attributed to Confucius place and all the stars turn towards it' [14]." The
continually emphasize how the "superior man" reversal of the increasing disintegration of moral
may use his knowledge to correct the ills of conduct in social affairs plainly required a ruler
society. Homer Dubs maintains that "all ancient who had firmly established the rules of propriety
Confuciun philosophy had for its purpose the within himself; as the Master remarked, "If he
furthering of the art of government" [9], and cannot rectify himself, what has he to do with
Schwartz notes the rectifying others? [15]."
The foundation of social harmony, according
'idealistic' view of government so peculiar to Con?
to the Analects, is an unswerving loyalty to the
fucianism - a view which sees in government primarily
an agency for bringing to bear on society as a whole the
family complex - more specifically, as Shryock
moral influence of superior men through the power of notes, "the absolute authority of parents over
moral example and of education [10]. their children [16]." Such filial piety - defined
by the Master as "not being disobedient" [17] -
Thus, for Confticius, social harmony may is exemplified in the Analects by Confucius'
significantly derive from the moral leadership of insistence on a three-year mourning period at a
the superior-minded ruler whose adherence to parent's death [18]. That such a doctrine of strict
the rules of propriety is manifested in devotion obedience to parental (and essentially paternal)
to truth and sincerity in social relations. The authority may provide an ideological model for
ruler as normative "role model" is in fact a unquestioning submission to rulers has not gone
ubiquitous theme throughout the Analects. The unnoticed. Creel, for example, observes that
ruler effectively leads through the powerful "Confucius was attracted, in the analogy of the
example of his own virtue, not through the family with the state, by the fact that it was a
coercive enforcement of laws: "The Master said, pattern of orderly subordination to authority
'When a prince's personal conduct is correct, his [19]." And Wittfogel maintains that Confucius'
government is effective without the issuing of insistence on absolute filial piety "forms the
orders [11]."' The ruler thus sets the moral ideal foundation on which to build absolute
standards of his domain - as illustrated in a obedience to the masters of society [20]."

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273

Significantly, the Analects records the Master as Moism and other non-Confucius doctrines
saying: "The people may be made to follow a attained significant influence until the time of
path of action, but they may not be made to Mencius (ca. 371-288 B.C.), who set himself
understand why [21]." The superior man as ruler the task of renovating Confucian teachings.
need not gain expertise in any specialized work, However, departing from Confucius' idealiza?
according to the Analects, because the force of tion of early Chou feudal institutions, Mencius
his moral leadership will prompt the people to extolled the "ideal king" ruling on behalf of the
willingly provide services for him [22]. people instead of the feudal Pa representing the
Confucius died in 479 B.C., perhaps a half interests of a hereditary aristocracy. Avoiding
century or so before the inception of the the use of coercion in governing, the "ideal
"Warring States" period - two centuries of king" should follow the Confucian principle of
chronic warfare and political instability which ruling by moral example. Nonetheless, the social
brought the almost thousand year-old feudal order envisioned by Mencius can by no means
Chou dynasty to a close. While Confucious' be mistaken for an egalitarian democracy. In the
ethical formulations undoubtedly reflected the book which bears his name, Mencius repudiates
determination of an increasingly uprooted a doctrine popular in his day that rulers should
nobility to redefine and uphold its social labor in the fields to earn their daily bread,
position in the context of a decaying feudal arguing that a division of labor based on class is
order, the later doctrines of Mo Tz? (ca. inevitable: "Great men have their proper
480-390 B.C.) outlined a program for proper business and little men have their proper
conduct modeled on the strict military discipline business [26]." In another passage he is more
of warrior specialists [23]. The book of Mo-tz? explicit: "Those who labor with their minds
condemns war and espouses a concept of govern others; those who labor with their
"universal love," yet at the same time devotes strength are governed by others. Those who are
several chapters to methods of military defense governed by others support them; those who
and advocates a strict subordination of the govern others are supported by them [27]." In a
individual to an authoritarian ruler. Mo Tz?'s memorable exchange, P'ang K?ng challenges
description of an anarchistic "state of nature" Mencius to justify his extravagant style of living
prior to the origins of government has often been - traveling from one noble court to another with
compared to Hobbes* "war of all against all a retinue of dozens of carriages and hundreds of
[24]." Chronic conflict among men, the Mo-tz? men - since, unlike a husbandman or carpenter,
states, was remedied only with the establishment he provides no tangible service. Mencius' reply
of governing authorities with the power to is significant; he exalts the Confucian scholar,
arbitrate disputes: the "superior man," above the decaying
Therefore there was a selection of the person in the hereditary aristocracy: "He is of service to you.
world who was virtuous and able, and he was es? He deserves to be supported, and should be
tablished to be Son of Heaven ... When the rulers were supported [28]." Ch'ii notes the undoubted
installed, the Son of Heaven issued a mandate to the element of rationalization in Mencius' rejoinder
people, saying: "Upon hearing good or evil one shall [29]. In a sense, then Mencius' cultivated
report it to a superior. What the superior thinks to be
"superior men" were designated as the new
right, all shall think to be right. What the superior thinks
to be wrong, all shall think to be wrong [25]." holders of the ruling position increasingly
vacated with the accelerated disintegration of the
Mo Tz? thus advocates a mandatory system of feudal nobility during the late "Warring States"
informants as well as unquestioning obedience period. Thus, Confucianism, Balazs explains,
to authority - doctrines augmented by his
strictly utilitarian condemnation of elaborate began by expressing the mentality of the feudal lords,
ceremony and ritual. but later it changed into a system that became the

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274

organizing power behind the scholar-officials and gave tive units, called chun (commandery) and hsien
full expression to their interests, ideas, and ideals. As a (district). The principles governing the ownership of
result of this metamorphosis, however, certain land were now radically altered: for the first time,
contradictory features developed. Confucianism was officials were given salaries by the crown and were not
used as a means of defending the interests of the gentry, owners of the land, as in former days, but only overseers
and the subtlety, not to say duplicity, with which this [36].
was done has deceived many a scholar. Confucianists
kept up a tenacious struggle for democracy, but for Over the next century Ch'in rulers built a highly
democracy within the aristocracy - an exclusive
disciplined and efficient military machine,
privilege of the ruling class - and were authoritarian to
an extreme degree in their relations with other classes
emphasizing mobile infantry and cavalry forces
[30]. instead of traditional chariot warfare [37].
Corvee labor completed vast hydraulic systems,
Nonetheless, compared to the earlier feudal most notably the Cheng Kuo Canal in 246 B.C.
order, the Confucian emphasis on virtue and - the organization of which further
merit as essential criteria of the "superior man" "consolidated the power of Ch'in [36]." Sig?
introduced at least a modicum of social nificantly, after visiting Ch'in around this time,
mobility; a small percentage of commoners did the Confucian philosopher Hs?n Tz? expressed
indeed become scholar-officials, "the backbone enthusiasm for the strongly governed state in
of the ruling class [31]." which "no one dared" - as Creel puts it - "to do
anything except what was prescribed for him by
the state [39]."
INCIPIENT BUREAUCRACY AND MODIFIED Hs?n Tz?, born in the state of Chao around
CONFUCIANISM 312 B.C. [40], studied philosophy and later
served as a district magistrate in Ch'u. Fung Yu
During the western Chou period (1122-771 Lan notes that "the Confucian school, which
B.C.), control over local territories (hsing) was after Mencius had lacked eminent scholars,
shared by members of patrilineal, exogamous became rejuvenated with Hs?n Tz? [41]." While
lineages or clans [32]. With the gradual break-up Mencius, however, had stressed Confucius'
of feudal institutions, the ancestral hsing slowly exemplary moral conduct, Hs?n Tz? most
yielded to a new method of territorial division. admired his scholarship [42]. Dubs observes that
Creel writes: "The substitution of the hsien, as Hs?n Tz?, whom he terms "the moulder of
an administrative district governed by an official ancient Confucianism," is little-known today
... represented the territorial aspect of the partially because the influential Confucian
transition from feudalism to centralized scholar Chu Hsi (1130-1200 A.D.) disparaged
bureaucratic government [33]." Although hsien his doctrines in favor of those of Mencius [43].
administration was sometimes still inherited, Hs?n Tz? lived during the final period of the
Ch'u rulers largely adopted merit and seniority "Warring States"; the number of feudal states
as criteria for the appointment of ministers and had diminished from 55 to 10 in what was
officials [34]. In Chin, a state adjacent to Ch'u, clearly "the death struggle of the old feudal
the hsien, although still hereditary in many systems [44]." Within this context of chronic
cases, can be discerned for as early as 627 B.C. political strife, Hs?n Tz? formulated the basic
- and characterized the entire state by 543 B.C. precept of his modified Confucianism, stated in
[35]. But it was in the far western state of Ch'in, the book which bears his name: "The nature of
Ch'en Meng-Chia observes, that centralized man is evil; his goodness is only acquired
bureaucratic administration first gained full training [45]." "Considering the cutthroat age he
ascendance around 350 B.C.: lived in," Burton Watson remarks, "this is not a
surprising conclusion [46]." Such a doctrine,
The state of Ch'in established two classes of administra Dubs points out, must not be mistaken for a kind

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275

of Calvinist "original sin"; rather, Hs?n Tz? anchored in the presupposition of an innate
merely modified and elaborated on the Con? propensity for anti-social aggression, homo
fucian insistence on the necessity for the homini lupus; as aforementioned, his scenario
deliberate self-cultivation of proper conduct (fi). for humans in the "state of nature" was sig?
Mencius had derived his concept of man's nificantly anticipated by Mo Tz? Such anarchis?
intrinsic goodness from the notion of an "ethical tic disorder, according to Hobbes, was remedied
Heaven" of which man was a microcosmic only when peoples joined in a "social contract"
reflection [47]. In Hs?n Tz?'s naturalistic establishing political authority. Book 23 of the
cosmology, however, we may discern the Hsiin-tzu, entitled "The Nature of Man is Evil,"
lineaments of a Newtonian universe ordered by provides a remarkably similar argument:
the regularity of mechanical laws. Such a
metaphysical system, Fung explains, embodies The original nature of man to-day is to seek for gain. If
this desire is followed, strife and rapacity results, and
no explicitly ethical principles:
courtesy dies. Man originally is envious and naturally
hates others. If these tendencies are followed, injury and
Since Heaven is mechanistic, and lacks any ideal or
destruction follows; loyalty and faithfulness are
ethical principle, nature likewise cannot contain an
destroyed ... Therefore to give rein to man's original
ethical principle. Morality is something made by man,
nature, to follow man's feelings, inevitably results in
and so is called "acquired" [48].
strife and rapacity, together with violations of etiquette
and confusion in the proper way of doing things, and
Thus, Hs?n Tz? anticipated in some respects the reverts to a state of violence. Therefore the civilizing
emphasis of later European Enlightenment influence of teachers and laws, the guidance of the rules
philosophers on the powerful influence of of proper conduct (Li) and justice (Yi) is absolutely
cultural context; like John Locke's necessary. Thereupon courtesy results; public and
characterization of the mind of the newborn private etiquette is observed; and good government is
the consequence [51].
child as tabula rasa and Montesquieu's
discussion of the relation of environment to
Dubs' points out that Hs?n's Tz?'s ethical and
cultural practices, Hs?n Tz? stressed "the power
political doctrines are elaborated upon a dis?
of the environment in moulding character [49]."
tinctly psychological foundation [52]. Hs?n Tz?
The Hsiin-tzu states:
divided human nature into the "mind" or "will",
and the "desires" or "emotions" - the former
Nature is the unwrought material of the original; what
are acquired are the accomplishments and refinements serving to control or moderate the latter [53].
brought about by culture and the rules of proper conduct Yet desires, inextricably embedded in human
(//). Without nature, there would be nothing upon which nature, cannot be eliminated but merely con?
to add the acquired. Without the acquired, nature could sciously tempered [54]. As the Hs?n-tz? states:
not become beautiful of itself [50].
"Every doctrine of self-control which depends
The dialectic between Mencius and Hs?n Tz? on the removal of desire has no way of guiding
the desires and is hampered by the presence of
remarkably corresponds to the later ideological
desire [55]." Moreover, the impulse toward
polarity of Rousseau and Hobbes. Like Mencius,
satiation of desire is inexorable - and "does not
Rousseau insisted upon an intrinsic fellow
depend on whether attainment is possible [56]."
feeling of benevolent compassion and
Dubs' comments: "Is not this psychological
emphasized the necessity to rejuvenate child-like
analysis startlingly modem? [57]." We may take
qualities; in his educational treatise Emile
Dubs' observation a step further and point to
(1762), he conducts an imaginary boy through a
certain remarkable parallels in Hs?n Tz?'s
series of carefully chosen experiences aimed at
psychology and psycholoanalytic theory. For
avoiding the degenerative influences of civilized
Freud gratification of instinctive strivings is
life. Hobbes' political philosophy however, was
inevitably blocked or delayed by the strictures of

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276

survival in the social environment: THE LEGITIMATION OF SOCIAL STRATIFICA?


TION
The ego discovers that it is inevitable for it to renounce
immediate satisfaction, to postpone the obtaining of Hs?n Tz? maintains that the distinguishing
pleasure, to put up with a little unpleasure and to attribute of humans, separating them from
abandon certain sources of pleasure altogether, an ego
animals, is the capacity to form social organiza?
thus educated has become "reasonable"; it no longer lets
itself be governed by the pleasure principle but obeys tions [63]. Harmonious social organization, the
the reality principle ... [58], Hsiin-tzu notes, requires social distinctions
defining the respective rights of various classes:

A significant portion of frustrated impluse is


if men are to live, they cannot get along without
thus re-channeled, or "sublimated," into
forming a social organization. If they form a social
socially-approved forms of productive activity. organization, but have no social distinctions, then they
Similarly, Fung explains Hs?n Tz?'s viewpoint: will quarrel; if they quarrel, there will be disorder; if
there is disorder, people will fail to cooperate...[64].

The desires need not be wholly eliminated, but only


need to be kept in proper restraint by the mind, through In the book on "Kingly Government" in the
its power of cogitation. The reason why the mind finds Hsiin-tzu, the inequality of classes is retrospec?
it possible to restrain the desires, is because it knows tively justified on both cosmological and
that if they are given free rein, the result will inevitably
demographic grounds. Social order and cosmic
be undesirable [59].
order are analogous - since, as Hs?n Tz? states,
"social structure exhibits the same principles as
Interestingly enough, after the First World War
Heaven and Earth" [65]. Thus, "that the prince
Freud proffered his theory of an aggressively should be treated as prince ... is following the
destructive "death instinct" - moving even same principle [66]." But Hs?n Tz? introduces a
closer to Hs?n Tz?'s assessment after two
practical Malthusian dynamic as well, implicitly
centuries of "Warring States" that "the nature of relating population pressure with limited
man is evil": "Homo homini lupus: Who, in the resources and wealth:
face of all his experience of life and of history,
will have the courage to dispute this assertion? If the classes were equal, there will not be enough for
[60]." everybody ... Were people's power and position equal,
Unlike Mo Tz?, whose strict utilitarianism and their likes and dislikes the same, there would not be
sufficient goods to satisfy everybody, and hence there
demanded elimination of unpredictable and
would inevitably be strife ... The ancient kings hated
"useless" emotions, Hs?n Tz? acknowledged the any disorder, and hence established the rules of proper
instinctive and affective dimensions of human conduct (Li) and justice (Yi) to divide the people, to
existence. The unbridled pursuit of satisfactions, cause them to have the classes of poor and rich, of noble

however, inevitably leads to social strife; thus, and inferior, so that everyone would be under
the force of desire must be balanced and someone's control - this is the fundamental thing in
caring for the whole country [67].
redirected through conscious self-cltivation of //.
The Hsiin-tzu states that "every man's desire to
The cultivation of //, T'ung-Tsu Ch'? observes,
be good is because his nature is evil [61]." Yet, thus serves "to make social distinctions clear and
as Fung explains, through unremitting efforts, an
to regulate men's desires according to their
individual may strive to become a Superior Man,
statuses" - since complete satisfaction of desires
perhaps eventually internalizing the rules of for all is inevitably impossible [68].
proper conduct which "become like a second
Hs?n Tz? advises rulers to govern justly,
nature" [62].
rewarding the good and punishing the corrupt.
The Confucian doctrine of the ruler as moral

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277

example is reiterated; the benevolence (Jen) and goodness "an artificial product" [78], provided
justice (Yi) of the righteous king inspire respect? an obviously powerful motivational impetus (or
ful obeisance from all [69]. But Hs?n Tz?'s rationale) for the elaboration of the Chinese
advice is ultimately pragmatic, since the ruler's educational system [79], as well as for a strong,
power and authority are secure only as long as centralized government of "law and order". Yet
the common people - the overwhelming it was the non-Confucian political theorists
majority of the population - are satisfied with known variously as the "School of Law" (Fa
his government: Chid) or Legalists or Realists who developed a
comprehensive theory of government integrating
It is said: The prince is the boat; the common people are centralized authority, bureaucratic administra?
the water. The water can support the boat, or the water
tion, and the uncompromisingly harsh enforce?
can capsize the boat - this expresses my meaning [70].
ment of law.

The ruler as a superior man knows that laws


alone cannot substitute for moral principles and
THE LEGALIST SYNTHESIS AND ITS CON?
careful decision-making in governmental
FUCIAN SUBSTRATUM
administration [71]. And Hs?n Tz? explicitly
advocates, at the very beginning of "Kingly
Government," a merit system for appointing
Although ideological as well as political
officials (which was subsequently to become a opponents, the Confucianists and Legalists
crucial feature in Chinese bureaucratic "nonetheless had some points in common [80]."
Significantly, Creel identifies the doctrines of
administration): "Do not regard seniority but
advance he worthy and able; dismiss the Hs?n Tz? as forming "a kind of bridge between
incompetent and incapable without delay [72]."
Confucianism and legalism" - the doctrine of
Yet elsewhere Hs?n Tz? continues the Con? intrinsic human ev? in particular tending "in the
fucian idealization of the Sage-King of the past,
Legalist direction [81]." And it is more than an
interesting coincidence that two of Hs?n Tz?'s
whose high degree of self-cultivation epitomized
the virtue of the Superior Man: "His virtue was
pupils, Han Fei Tz? and Li Ss?, became the
pure and complete; his wisdom and kindness leading proponents of Legalist theory and
was most illustrious .... What was like his acts practice manifested in the eventual
was right; what was unlike them was wrong establishment of the despotic Ch'in dynasty
which unified China in 221 B.C.
[73]." Fung notes the similarity to Mo Tz?'s
concept of Agreement with the Superior [74]. Despite early, proto-Legalist "schools" which
Hs?n Tz?'s authoritarianism thus emerges emphasized various aspects of political authority
which later culminated in bureaucratic
unmistakably; as the Hsiin-tzu states, while the
despotism for all of China,
wise ruler cannot cause the people to
"understand all the reasons for things," he uses
we cannot properly speak (although it is done) of the
his coercive authority for their own good [75]. "Legalist school," because there was none. This
Guiding his people along the Way (Tao), he doctrine, which emphasized authority like no other, was
"orders things by his decrees, explains things by alone among the philosophies in having no recognized
his proclamations, and restrains them by founder. It is significant that Han Fei Tz?, the greatest

punishments [76]." Legalist of all, had as his teacher not a Legalist but
In the historical context of chronic warfare Hs?n Tz?, a Confucian. There were simply various men
and various books that in different ways and varying
and later totalitarian order, Hs?n Tz?'s Con? degrees espoused the kind of thought we call "Legalism
fucianism proved highly influential, eclipsing [82]."
Mencius' teachings for a number of centuries
[77]. The doctrine that human nature is evil, and Three independent threads of political theory

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278

later converged in the Legalist synthesis of Han Indeed, Creel maintains that Shen Pu-hai's
Fei Tz? As previously mentioned, as early as outline of bureaucratic methods provided the
the seventh century B.C. certain administrative basic model or "administrative pattern" for the
reforms, most notably the hsien, were instituted brief Ch'in dynasty - a pattern which, moreover,
in the states of Ch'i and Chin (later divided into remained largely intact in Han and later imperial
the states of Han, Chao and Wei around 400 times [88].
B.C.). As Fung notes, the gradual disintegration Shang Yang, an official in Wei and later
of feudal institutions generated the transition minister in Ch'in during the fourth century B.C.,
from "government by customary morality (//), was the leading proponent of the third proto
and by individuals, to government by law [83]." Legalist school, which emphasized the strict
Proto-Legalist doctrines thus directly responded enforcement of law (fa). As an influential Ch'in
to changes in political and social structure [84]. minister, Shang Yang introduced reforms
Such theorists departed from the Confucian rigorously controlling the individual under the
perspective of government in relation to the threat of harsh punishment. Familial ties were
people, adopting instead the viewpoint of the subverted in favor of strict obedience to the
ruler (later seen as well in Hs?n Tz?'s advice in government: joint and extended families were
"Kingly Government") - and how, through laws severely penalized through heavy taxation, and
and efficient administration, he could maintain individuals were enjoined, under threat of being
his position. bodily cut in half, to inform the government of
A group of theorists in the fourth century B.C. any wrongdoing by their relatives and friends
led by Shen Tao emphasized the concentration [89]. Shang Yang further reduced the already
of unquestionable authority (shih) in the position severely diminished influence of the feudal
of the ruler. Their most important book of aristocracy, building the foundations of a
theory, the Kuan-tzii, succinctly states the basic strongly centralized, militaristic bureaucracy
premise of this doctrine: [90]. After leading Ch'in armies to successful
military victories, Shang Yang was killed by
The reason why these multitudes of subjects do not dare
to deceive their ruler, is not because they love him, but
political enemies in 338 B.C. [91].
because they fear his awe-inspiring power (shih) ... He It was Han Fei Tz? who, in the middle of the
rests in an authority (shih) requiring obligatory respect, third century B.C., combined the three schools
so as to keep in order the subjects who must obey him into a comprehensive Legalist synthesis -
[85]. implicitly anchored in the ethical and
A second group focused on the art of psychological precepts of his Confucian teacher
"statecraft" (shu). Their leader, Sh6n Pu-hai, Hs?n Tz?. Born to the royal family of the state
served as a minister in the state of Han from 351 of Han around 280 B.C., Han Fei Tz? studied
until his death in 337 B.C., and wrote a widely under Hs?n Tz? around thirty years later,
circulated book on bureaucratic administration. apparently when the Confucian master was
Creel observes that this book, although lost in serving as a district magistrate at Lanling in the

later times, nonetheless "helped to shape the Southern Shantung. A fellow pupil, Li Ss?, later
held the office of prime minister to Ch'in Shih
administrative practices of the Ch'in (221-207
B.C.) and Han dynasties [86]." Reconstituted Huang, King of the state of Ch'in (and subse?
quently "First Emperor" of China). Han Fei
portions, Creel states, indicate
Tz?'s writings, originally intended to influence
almost purely a philosophy of bureacratic administration the King of Han, found a more favorable
... Shen Pu-hai is concerned, with almost mathematical
reception in Ch'in Shih Huang, undoubtedly
rigor, to describe the way in which a ruler can maintain since the state of Ch'in had for a century been
his position and cause his state to prosper by means of
administrative technique and applied psychology [87].
implementing Shang Yang's reformism in

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279

Opposition to Confucian traditionalism. When depiction proffers the Malthusian dialectic


the state of Ch'in attacked Han in 234 B.C., the between demographic pressure and limited
King of Han sent Han Fei Tz? as an emissary to resources as the primary agent of social conflict,
the Ch'in court, where he "was received with implicitly necessitating the evolution of social
delight by the king [92]." Li Ss?, however, stratification and government. The Han Fei Tz?
managed to convince Ch'in Shin Huang that states:
Han Fei Tz? would inevitably remain loyal to
hi olden times, men did not need to till, for the seeds of
the royal family of Han. Han Fei Tz? was duly
grass and the fruits of trees were sufficient to feed them;
imprisoned; unable to defend himself against
beasts were sufficient to clothe them. Thus, without
charges, he drank poison - which may have been working hard, they had an abundance of supply. As the
"courteously provided" by his rival Li Ss? [93]. people were few, their possessions were more than
Nonetheless, his book served as the ideological sufficient. Therefore, the people never quarreled. As a
rationale and methodological blueprint - after a result, neither large rewards were bestowed nor were
heavy punishments employed, but the people governed
decade of successful military annexations
themselves. Nowadays, however, people do not regard
engineered by Li Ss? - for the unified five children as many. Each child may in his or her turn
bureaucratic despotism of Ch'in Shih Huang-ti: beget five offspring, so that before the death of the
"Assuming the title of First Emperor, he set grandfather, there may be twenty-five grand-children.
about creating the vast bureaucratic empire that As a result, people have become numerous and supplies
Han Fei Tz? has envisioned [94]." scanty; toil has become hard and provisions meager.
The book of Han Fei Tz?, like Hs?n Tz?'s Therefore people quarrel so much that, though rewards
are doubled and punishments repeated, disorder is
"Kingly Government," consists of advice inevitable [98].
effective ruling; it is, as Burton Watson terms it,
"a handbook for the prince [95]." The ruler is Thus, chronic social strife - as each man pursues
counseled throughout the work to trust no one; his own gain at the expense of others - can be
neither his ministers nor his subjects can be remedied only by strong government based on
expected to remain loyal, but will inevitably strict enforcement of law; as the Han Fei Tz?
seek their own gain. The book is thus "marked states, "the purpose of enacting laws and decrees
by a drastically low opinion of human nature" - is to abolish selfishness [99]".
perhaps reflecting his teacher Hs?n Tz?'s While Hs?n Tz? still insisted on the tremen?
doctrine that "the nature of man is evil [96]." dous influence of the role model of a virtuous
As previously discussed, Hs?n Tz? had ruler in inculcating respectful obedience and
advocated the control of individuals' desires
eliminating possible opposition, Han Fei's
according to respective social position, citing an viewpoint more realistically reflected the times.
inevitable Malthusian constraint: "Were
Strong authority, rather than merely moral
people's power and position equal, and their example, is far more likely to result in an
likes and dislikes the same, there would not be
obedient and disciplined populace; as noted in
sufficient goods to satisfy everybody [97]." Han the Han Fei Tz?, "the poeple are such as would
Fei Tz? takes this argument further, examining be firmly obedient to authority, but are rarely
the implications of population growth on the able to appreciate righteousness [100]." Con
evolution of political institutions. The descrip? comitantly, in a time of unending warfare and
tion in the Han Fei Tz? of the egalitarian gather political upheaval, the early prescriptions for
ers of prehistory remarkably parallels good government are plainly inadequate:
anthropologist Marshall Sahlins' "original
affluent society." Although resembling Rous? Thus, we see that ancients and moderns have different
seau's later scenario for prehistory in the customs, new and old have different measures. To
govern with generous and lenient regulations a people in
Discourse on Inequality (1754), Han Fei Tz?'s
imminent danger is the same as to drive wild horses

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280

without reins or slips. This is a calamity of ignorance other Legalists argued that "there are no moral
[101].
standards, but that everything is conditioned by
its own immediate environment [107]." Hs?n
Yet, despite Hs?n Tz?'s adherence to the
Tz?'s implicit behaviorism is thus elaborated; as
customary Confucian viewpoint on ruling by
the Han Fei Tz? (in a chapter "How to Use
example, the lineaments of Han Fei's
Men") explicitly states, "The intelligent
totalitarianism are still apparent in his
sovereign offers rewards that may be earned and
philosophy. As Dubs notes, the doctrine that
establishes punishments that should be avoided
human nature is evil unquestionably "gave the
[108]." And elsewhere in the book Han Fei
principle of authority a firm basis [102]."
explains the "two handles" - chastisement and
Moreover, the successful cultivation of //,
commendation - which the ruler should control
inevitably achieved by only a minority, creates
and maintains social distinctions between the and manipulate: "To inflict death and torture
upon culprits, is called chastisement; to bestow
superior and the inferior, thus the Sage-King's
encouragements and rewards on men of merit, is
judgment must be followed [103]. And, as we
called commendation [109]." Waley succinctly
have seen, Hs?n Tz? explicitly advocates a
restates this precept in his own terms: "Everyone
consistent merit system, first outlined by
who does what the State wants is rewarded;
Confucius, for hiring, advancing and dismissing
everyone who does what the State dislikes is to
governmental officials [104].
be punished [110]."
Perhaps most significantly, Hs?n Tz?
foreshadows Han Fei's doctrine that behavior The authority of the ruler, Han Fei maintains,
must always dominate and control the actions of
can be environmentally conditioned, particularly
his ministers [111]. Since the ruler and his
by a harshly administered system of rewards and
ministers inevitably have conflicting interests,
punishments. As aforementioned, for Hs?n Tz?
ministers are never loyal [112]; indeed, a chapter
moral standards are man-made, their acquisition
in the Han Fei Tz? is entitled "Ministers Apt to
depending on the specific environmental
influences - and additional conscious effort - of Betray, Molest, or Murder the Ruler." For
ministers who transgress the ruler's ultimate
the individual. Socially disruptive desires are re
channeled (or "sublimated," in the Freudian authority Han Fei advocates no clemency;
remission of punishment, including the death
sense) by the conscious self-restraint engendered
penalty, would be "authority-losing [113]." And
through the cultivation of IL Thus propriety (//),
again, echoing Hs?n Tz?, Han Fei argues that
as Richard Wilhelm explains, becomes a fixed
form which must achieve its aims and effective governing demands a consistent
implementation of rewards and punishments:
reconstruct man with the coercive power of a
law [105]." In "Kingly Government" in the the intelligent ruler neglects no reward and remits no
Hs?n-tz?, the superior ruler is counseled to punishment. For, if reward is neglected, rninisters of
consistently reward good behavior and punish merit will relax their duties; if punishment is remitted,
bad: villainous ministers will become liable to misconduct
[114].
Treat those who are good who come to you, according
to what is right and proper (//); treat those who are not Having demonstrated the requirement for shih
good who come to you, with punishment. When those on the part of the ruler, Han Fei Tz? also lauds
two kinds of people are distinguished, the worthy and Shang Yang's unyielding insistence on the
the unworthy will not be mixed, right and wrong will
enforcement of law (fa), as well as his system of
not be confused ... when right and wrong are not
confused, then the country will be well governed [106].
"joint responsibility" generating a population of
informants:

As Derk Bodde observes, Han Fei Tz? and


Duke Hsiao enforced the Law of Lord Shang to the

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281
utmost, until at last the people came to know that men scholar-officials and inferior commoners [119].
guilty of crimes would be infallibly censured and
As previously discussed, Hs?n Tz? designated
informers against culprits became many ... Therefore,
"social distinctions" - a static, stratified
the state became orderly, the army strong, the territory
extensive, and the sovereign honorable. The cause of all hierarchy of classes with differential privileges
these was nothing other than heavy punishments for and obligations - as the distinguishing attribute
sheltering criminals and big rewards for denouncing of human society. The inequality of classes, he
culprits [115].
maintains, both mirrors the cosmological order
and derives from demographic growth. Such an
We may recall Hs?n Tz?'s enthusiasm, after his
assertion, Ch'? observes, "might be either an
visit to Ch'in, for the orderly and obeisant
explanation of the situation expressed in the
population he encountered. social structure or a rationalization of the
In a chapter on "Deciding between two
privileges of the ruling class [120]." However, it
Legalistic Doctrines" in the Han Fei Tz?, a
seems apparent that even such an "explanation"
hypothetical inquirer wonders which doctrine
serves in the end a function comparable to
Sh6n Pu-hai's emphasis on "statecraft" or Shang
"rationalization": the retrospective ideological
Yang's insistence on "law" - "'is more urgently
validation or legitimation for the authoritarian
needful to the state?' [116]." Clearly apprehend?
control of "inferior" subjects by cultivated
ing the complementarity of these proto-Legalist scholar-officials.
doctrines, Han Fei Tz?'s answer is succinct:
The basic template for total obedience to
"neither can be dispensed with: both are imple?
governmental authority, as numerous scholars
ments of emperors and kings [117]." Thus,
have acknowledged, was undoubtedly the
building on the modified Confucian substratum
Confucian doctrine of filial piety. Max Weber
of basic ethical and psychological doctrines
states this point with exceptional clarity:
provided by his teacher Hs?n Tz?, Han Fei
linked and integrated the three proto-Legalist In a patrimonial state where filial piety was transferred
schools of authoriatarian power (shih), law (fa), to all relations of subordination, it can be readily
and statecraft (shu). Political theory is implicitly understood that an official - and Confucius for a time

justified by underlying ethical and psychological was a minister - would consider filial piety as the virtue
from which all others issue. Filial peity was held to
precepts; the desires of the individual, intrinsi?
provide the test and guarantee of adherence to uncondi?
cally evil and disruptive, must be suppressed, tional discipline, the most important status obligation of
controlled and redirected - toward ends useful to bureaucracy [121].
the State.
Yet Hs?n Tz?, departing radically from Mencius
on the critical question of the nature of human
HS?N TZ?: THE JUNCTURE OF CON? nature, provided a concomitant ideological
FUCIANISM AND LEGALISM sanction for incipient bureaucratic despotism. As
we have noted, in Hs?n Tz?'s formulation the
T'ung-Tsu Ch'? poses a question inextricably unfinished raw material of human nature, prone
fundamental to any Marxist-oriented interpreta? to socially disruptive desires, plainly required
tion of the doctrines of Mencius and Hs?n Tz?: both educational cultivation and governmental
"Do their statements represent the interest of a restraint.
privileged group? [118]." Ch'? points out that Although the Confucian emphasis on in?
even after the virtual dissolution of the feudal dividual virtue and merit attained through
social structure toward the end of the Chou conscious self-cultivation of li enabled a number
period, "the sharp demarcation between the of commoners to enter the privileged ranks of
ruling class and the ruled continued to operate" officialdom, the vast majority remained
- refashioned as the dichotomy between superior "inferiors" condemned to the increasingly

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282

despotic demands of taxation and corvie labor. that had generally been acquired through ethically
unmotivated channels of violence and coercion. The
Furthermore, the unreliable dependence upon
moralization of power gave stability to the institution of
the individual's own efforts toward the attain?
government which could never have been achieved by
ment of li eventually yielded to a more efficient force alone [128]
method of behavioral engineering suggested by
Hs?n Tz?, developed by Han Fei Tz?, and This singular fusion of modified Confucian
implemented by Ch'in Shih Huang: the harshly doctrine with Legalist administrative method
administered system of rewards and underwent further alteration in succeeding
punishments. dynasties, yet nonetheless largely prevailed in its
In a relentless drive of military conquest, basic form as the ideological counterpart to the
Ch'in achieved the successful annexation of the bureaucratic despotism of two thousand years.
remaining states within the decade beginning in
230 B.C. In 221 B.C. Ch'in Shih Huang es?
tablished the Ch'in dynasty and became "First NOTES
Emperor" of a unified China - the year which
"marks the beginning of the empire which 1. Anthony Giddens, Studies in Social and Political
Theory (New York: Basic Books, 1977), p. 179.
endured until A.D. 1912 [122]." Although the
2. Karl Marx and Frederick Engels, The German
severely repressive dynasty collapsed under Ideology (New York: International Publishers,
wide-scale revolt only fourteen years later, the 1970), p. 47.
dismantling of feudal social structure and the 3. Ibid, p. 64.
substitution of an imperial bureaucratic ad? 4. Fung Yu-Lan, A Short History of Chinese
ministration remained its legacy. Significantly, Philosophy (New York: The Free Press, 1960), p. 38.
5. Hu Shih, "Chinese Thought," in H.F. MacNair (ed.),
Hs?n Tz?'s writings were apparently spared
China (Berkeley: University of California Press,
from the burning of all non-technical books 1940), p. 226.
ordered by Li Ss? in 212 B.C. 6. C. K. Yang, "Some Characteristics of Chinese
In the Han dynasty which followed (206 B.C. Bureaucratic Behavior," in D.S. Nivison and A.F.
- 220 A.D.) Confucian doctrine was firmly Wright (eds.), Confucianism in Action (Stanford:
Stanford University Press, 1959), p. 135.
reestablished, becoming the "official state
7. Herlee G. Creel, Chinese Thought From Confucius
ideology" in 136 B.C. [123]. As Shryock notes,
to Mao Tse-tung (Chicago: Chicago University
the school of Hs?n Tz? unquestionably remained Press, 1953), p. 27.
the most popular of Confucian doctrines during 8. Benjamin Schwartz, "Some Polarities in Confucian
this time [124]. Freiberg points out that the Thought," in D.S. Nivison and A.F. Wright (eds.),
"state-Confucianism" installed during the Han Confucianism in Action (Stanford: Stanford
University press, 1959), p. 52.
period (and characterizing subsequent dynasties)
9. Homer H.Dubs, Hsuntze: The Moulder of Ancient
was in fact an amalgam of Confucian and Confucianism (Taipei: Ch'eng-Wen Publishing
Legalist doctrines [125], Thus Balazs' comment Company, 1966), p. 242.
is singularly appropriate: "the Confucianists 10. Schwartz, op. cit.t p. 52.

supplanted the state-minded Legalists only to 11. James Legge, The Four Books (New York: Paragon,
1966), p. 178.
carry out even more rigorously the doctrines
12. Ibid.%v. 168.
they had preached [126]." The centralized 13. Ibid.
bureaucratic state, first established and adminis? 14. p. 12.
tered through Legalist methods, found emended 15. Ibid., p. 181.
ideological validation in the "motivational 16. John K. Shryock, "Confucianism," in H.F. MacNair
values" of Confucianism [127]. Confucian (ed.), China (Berkeley: University of California
Press, 1946), p. 247.
doctrine, Yang explains,
17. Legge, op. tit., p. 14.
18. //>/<*., p. 267.
inculcated moral meaning into imperial power, power

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283

19. Herlee G. Creel, Confucius and the Chinese Way 52. Dubs, op. cit., 1966, p. 177.
(New York: Harper Torchbooks, 1960), p. 127. 53. Ibid.,?. 173.
20. Karl Wittfogel, Oriental Despotism: A Comparative 54. iWa.fp.l71.
Study of Total Power (New Haven: Yale Universtiy 55. Dubs, op. cit., 1928, p. 293.
Press, 1957), p. 151. 56. /Md., p. 294.
21. Legge, op. cit., p. 100. 57. Dubs, op. cit., 1966, p. 176.
22. Ibid.,pp. 177,216. 58. Sigmund Freud, Introductory Lectures on
23. Fung, op. cit., p. 50. Psychoanalysis (New York: W.W. Norton, 1965), p.
24. Creel, op. cit., 1953, p. 59. 357.
25. Fung Yu-Lan, A History of Chinese Philosophy, I 59. Fung, op. cit., 1952, p. 290.
(Princeton: Princeton University Press, 1952), p. 60. Sigmund Freud, Civilization and Its Discontents
100. (New York: W.W. Norton, 1962), p. 58.
26. Legge, op. cit., p. 626. 61. Dubs, op. cit., 1928, p. 306.
27. Ibid., p. 627. 62. Fung, op. cit., 1952, p. 294.
28. Ibid., p. 659. 63. Dubs, op. cit., 1928, p. 136.
29. T'ung-Tsu Ch'?, "Chinese Class Structure and Its 64. Ibid., p. 137.
Ideology," in J.K. Fairbank (ed.), Chinese Thought 65. Ibid.,?. 135.
and Institutions (Chicago: Chicago University Press, 66. Ibid., pp. 135-36.
1957), p. 242. 67. Ibid.,??. 123-24.
30. Etienne Balazs, Chinese Civilization and 68. Ch'il, op. cit., p. 237.
Bureaucracy (New Haven: Yale Univerity Press, 69. Dubs, op. cit., 1928, p. 130.
1964), p. 7. 70. Ibid.,?. 125.
31. Ch'?, op.cit., pp. 243-45. 71. Ibid., p. 123.
32. Herlee G. Creel, The Origins of Statecraft in China, I 72. Ibid.,?. 121
(Chicago: University of Chicago Press, 1970), pp. 73. Ibid.,?. 19S.
333-34. 74. Fung, op. cit., 1952, p. 302.
33. Herlee G. Creel, 'The Beginnings of Bureaucracy in 75. Dubs, op. cit., 1928, p. 289.
China," in J.A. Harrison (ed.), China (Tucson: 76. Fung, op. cit., 1952, p. 311.
University of Arizona Press, 1972), p. 24. 77. Shryock, op. cit., p. 249.
34. Ibid., p. 27. 78. Max Weber, The Religion of China: Confucianism
35. Ibid., p. 19. and Taoism (Glencoe: The Free Press, 1951), p. 166.
36. Ch'en Meng-Chia, "The Greatness of Chou (ca. 79. Shryock, op. cit., p. 249.
1027 - ca. 221 B.C.)," in H.F. MacNair (ed.), China 80. Creel, op. cit., 1953, p. 138.
(Berkeley: University of California Press, 1946), p. 81. Ibid.,?. 139.
61. 82. Ibid.,?. 140.
37. Marcel Granet, Chinese Civilization (New York: 83. Fung, op. cit., 1952, p. 312.
Barnes & Noble, 1951), p. 95. 84. Ibid.,?. 316.
38. Arthur Cotterell and David Morgan, China's 85. Ibid.,?. 31S.
Civilization (New York: Praeger, 1975), p. 45. 86. Creel, op. cit., 1972, p. 5.
39. Creel, op. cit., 1953, p. 133, 87. Ibid., p. 6.
40. Burton Watson, Basic Writings of Mo Tz?, and Han 88. Creel, op. cit., 1970, p. 4n.
Fei Tz? (New York: Columbia University Press, 89. Creel, op. cit., 1953, p. 142.
1967), p. 3. 90. Ibid.,?. 143.
41. Fung, op. cit., 1952, p. 279. 91. Ibid.,?. 144.
42. Ibid., p. 281. 92. Watson, op. cit., p. 3.
43. Dubs, op. cit., p. xxi. 93. Arthur Waley, Three Ways of Thought in Ancient
44. Ibid., p. 19. China (Garden City, N.Y.: Doubleday Anchor
45. Homer H.Dubs, The Works of Hsuntze (London: Books, 1956), pp. 184-85.
Arthur Probsthain, 1928), p. 301. 94. Watson, op. cit., p. 12.
46. Watson, op. cit., p. 5. 95. Ibid.,?. 5.
47. Fung, op. cit., 1952, p. 286. 96. Ibid.,??. 10-11.
48. Ibid. 97. Dubs, op. cit., 1928, p. 123.
49. Dubs, op. cit., 1966, p. 184. 98. W.K. Liao, The Complete Works of Han Fei Tz?
50. Fung, op. cit., 1952, p. 286. (London: Arthur Probsthain, 1959), vol. II, pp.
51. Dubs, op. cit., 1928, p. 301. 276-77.

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284

99. 7ta*., vol. II, p. 235. 118. Ch'?, op. cit., p. 240.
100. Ibid., vol. n, p. 281. 119. p. 245.
101. Ibid., vol. II, p. 280. 120. /&d.,pp.239-^0.
102. Dubs, op. cit., 1966, p. 102. 121. Weber, op. cit., p. 158.
103. Ibid., p. 109. 122. Teng Ssu-Y?, "From, the Fall of Chou to the Fall of
104. Dubs, op. cit., 1928, p. 121. Tang (ca. 221 B.C. - A.D. 906," in H.F. MacNair
105. Richard Wilhelm, Confucius and Confucianism (ed.), China (Berkeley, University of California
(New York: Harcourt, Brace & Co., 1931), p. 142. Press, 1946), p. 72.
106. Dubs, op. cit., 1928, p. 122. 123. Oded Shenkar, *The Confucian Ethic and the Spirit
107. Derk Bodde, "The Legalist Concept of History," in of Bureaucracy," Unpublished Ph.D. Dissertation,
Li Yu-Ning (ed.), The First Emperor of China Faculty of Political Science, Columbia University,
(White Plains, N.Y.: International Arts and Sciences 1981, p. 32.
Press, 1975), p. 313. 124. John K. Shryrock, The Origin and Development of
108. Liao, op. cit., vol. I, p. 270. the State Cult of Confucius (New York: Paragon,
109. Ibid., vol. I, p. 46. 1966), pp. 13-14.
110. Waley, op. cit., p. 158. 125. J.W. Freiberg, "The Dialectic of Confucianism and
111. Liao, op. cit., vol. I, p. 29. Taoism in Ancient China," Dialectical Anthropol?
112. Ibid., vol. H, p. 2. ogy, vol.2 (1977), p. 176.
113. Ibid., vol. I, p. 29. 126. Balazs, op. ciL, p. 10.
114. Ibid., p. 35. 127. Yang, op. cit., p. 135.
115. Ibid.,?. 123. 128. C.K. Yang, Religion in Chinese Society (Berkeley:
116. ibid.,vol.Hp.212. University of California Press, 1967, p. 138.
117. Ibid.

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