Law and Morality in Ancient China

"The main contributions of this work are threefold. First, making use of the recently discovered Mawangdui silk manuscripts, Peerenboom provides a thorough-going and persuasive account of the philosophical and political import of the previously undocumented Huang-Lao school. His is the first detailed treatment of this material in English."Secondly, the author uses the new material to reexamine classical schools of Chinese thought and to clarify relations between them. By taking account of advances in contemporary Anglo-American jurisprudence, Peerenboom is able to provide a coherent analysis of the shortcomings and doctrinal disputes of the various schools which led to the development and dominance of Huang-Lao in the late Warring States and early Han."Thirdly, Peerenboom addresses the pressing need to give classical Chinese jurisprudence the attention due to it. Focusing on the differences in pre-Qin legal philosophies not only calls attention to the richness of classical jurisprudence but allows Peerenboom to offer revisions to the standard readings of Confucius, Lao Zi, Zhuang Zi and Han Fei." — Angus Graham

• PrefaceAcknowledgmentsChapter I Introduction1. The Silk Manuscripts of Huang-Lao1.1 Text1.2 Title1.3 Authorship1.4 Dating2. Methodology2.1 Philosophy of Law: A Hermeneutical FrameworkChapter II The Natural Way of Huang-Lao1. Foundational Naturalism1.1 Huang-Lao Naturalism1.2 Huang-Lao Foundationalism2. The Nature of Nature2.1 Nature as Impersonal2.2 Nature as Constant2.3 Nature as Rule Governed3. The Place of Humans Within the Natural Order3.1 Dao3.2 Xing Ming: Forms and Names3.3 Li: Principle3.4 Fa: Law4. Following the Way4.1 Naturalist Foundations of Social Institutions4.2 Metaphors of Compliance4.3 Huang-Lao EpistemologyChapter III The Social and Political Philosophy of Huang-Lao1. Huang-Lao Natural Law Jurisprudence1.1 Rule of Law1.2 Rule of Natural Law2. The Huang-Lao State2.1 Yellow Emperor as Symbol2.2 Centralized Feudal Bureaucracy2.3 Government for the PeopleChapter IV The Anthropocentric Pragmatism of Confucius1. General Character of Confucius's Philosophy1.1 Pragmatic Coherence versus Foundational Correspondence1.2 Pragmatic Coherence and the Logical-Aesthetic Distinction2. Confucius's Social and Political Philosophy2.1 Jurisprudence2.2 Politics of Harmony2.3 A Huang-Lao CritiqueChapter V The Pragmatic Statesmanship of Han Fei1. Han Fei's Legal Positivism1.1 Rule by Law1.2 Rule by Positive Law2. Han Fei's Pragmatic Arts of Rulership2.1 The Practical Way of Han Fei2.2 Han Fei's Legalist StateChapter VI The Daoist Ways of Lao Zi and Zhuang Zi1. Lao Zi's Way1.1 Zhi as Discovery1.2 Dao as Emergent Order2. Zhuang Zi's Way2.1 Zhi Dao: Realizing an Emergent Order2.2 Zhuang Zi's Politics of HarmonyChapter VII The Evolution of Huang-Lao Thought1. Antecedents1.1 Emergence of Naturalism1.2 Jixia Academy2. Ascendence in the Early Han2.1 Huang-Lao: A Response to the Times2.2 Huang-Lao Policies and Early Han Politics3. The Fall from Power3.1 Court Intrigue3.2 Explaining the Fall4. Dénouement4.1 Huang-Lao and Religious Daoism4.2 Naturalism and ImmortalityChapter VIII Epilogue1. Huang-Lao and Contemporary Philosophy2. Huang-Lao and Contemporary Jurisprudence in the PRCAppendix: He Guan Zi and Huang-Lao ThoughtNotesBibliographyIndex