Justice in East Asian Thought

Both the historical identification of Old Master (Laozi) and the nature of the famous Daoist text normally associated with him, Dao de jing, have become controversial topics of debate. Rather than some ancient text scripted by a mysterious pioneering recluse, the book of Laozi is now generally associated with the same period as the Zhuangzi, appearing during the fourth century B.C.E. Nevertheless, political themes are a major aspect of the eighty-one chapters of this Daoist scripture, whether in its standard or earlier forms. In the case of the Zhuangzi, it is the first seven chapters of the book that are considered most representative of the historical person, Master Zhuang (c. 369 B.C.E.–286 B.C.E.). These early Daoists' views of society have been put into sharper contrast by developments within the so-called Huang-Lao school occurring in the fourth and third centuries B.C.E., which provided mediating and positive social doctrines carrying much influence during the early imperial period.

Dao de jing and the Zhuangzi.

The form of social justice found in the Dao de jing has been described as a benevolent anarchism, but in fact it does speak of sagely rulers and supports some overriding moral and political values within Daocentered communities. Taking spontaneity and noninterference as major principles of communal life, the text vigorously opposes artificial impositions of Confucian elitist values (such as sageliness, wisdom, humaneness, rightness) or other utilitarian interests (such as military aggressiveness or social benefits), since all of these are considered to be contrived restraints that harm the people (ch. 19). Instead it urges all, including the ruler, to have "little thought of self and as few desires as possible." Under these conditions, people will be able to lead Dao-centered lives without interference, being naturally kind and faithful, and so will become self-transformed. Whether a large or small political state, each takes a "lower position" (ch. 61) and so they become harmonized through mutual responsiveness rather than aggressiveness. Images of an ideal state suggested that the people would live simply, being contented with what they have, and so may even live and die in a place without ever leaving it (ch. 80). This is because a Daoist ruler would be exemplary in embodying "three treasures": compassion, frugality, and "not daring to take the lead" in the community (ch. 67). So unobtrusive is this way of ruling that people would feel all things move naturally, and would only know the fact that the ruler is there. Any other form or ruling (whether by charisma, fear, or rules) could not achieve the personal peace and social harmony that the Daoist ruler attains by unobtrusive and spontaneous action (wu wei). Daoist justice of this sort is therefore manifest in stoic-like naturalness, for the Way will be followed by avoiding extremities and learning the paradox that greater and lasting strength lies in what is putatively weak. Guided by sympathetic and frugal leadership, people living within Daocentered communities would be unconcerned about any rationalized worldview and its attendant values, such as penal codes and rules regarding possessions. Among other values promoted by Daoists, feminine qualities were raised to a new height, defining the fecundity of the Dao in maternal terms. As a consequence, roles for women and feminine values in general were enhanced within early Daoist circles, but this would change later when Daoist religious ethics gradually adjusted to Confucian precedents.

In the Zhuangzi there is a vigorous skepticism at work, challenging any attempt to go beyond the principle of noninterference. Expressing sarcastic opposition toward government and other social institutions, the "Inner Chapters" (the first seven chapters) view these matters regularly from a transcendent perspective. Narrow pettiness and self-inflicted harm are the regular results of government policies. This is a Rousseau-like vision: humans who follow the Way can be free and creative, but society has imposed institutional shackles that make this impossible. As a consequence, Master Zhuang supports a more anarchistic vision of a simple life expressed in radical egalitarianism, letting everyone live by means of the Way according to their own inclinations and without external restrictions.

The Huang-Lao school.

Archeological discoveries in the 1970s stimulated further consideration of another facet of Daoist reflection, one that developed more positive doctrines of governance and rightness. Living about the time of Masters Zhuang and Xun, intellectuals from the state of Qi developed a mediating approach to earlier Daoist doctrines. They understood the secret of life and governance by responsiveness to proper timing, and so sages and institutions must be responsive to the natural changes that occur over time. Consequently, institutions that are outdated (such as Confucian rites) should be reformed to become suitable. Their worldview included the idea that laws and institutions could emerge from an understanding of the Way, and would necessarily reflect the needs of people as well as historical change in society. Political life continued to assert that the ruler be spontaneous and unobtrusive, but this was because appropriate institutions and laws were in place, and ministers were taking care of the administrative details associated with them. In this way, the Huang-Lao tradition advocated a version of justice closer to the position of Master Xun, but without its rationalized and utilitarian emphases.