Deng Xi
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Deng Xi (/ˈdʌŋ ˈʃiː/;[1] Chinese: 鄧析; Wade–Giles: Têng Hsi, c. 545 – 501 BCE) was a Chinese philosopher and rhetorician who was associated with the Chinese philosophical tradition School of Names. Once a senior official of the Zheng state,[2] and a contemporary of Confucius,[3] he is regarded as China's earliest known lawyer,[4] with his clever use of words and language in his lawsuits.[5] The Zuo Zhuan and Annals of Lü Buwei critically credit Deng with the authorship of a penal code that was a contrast in approach to the more Confucian code developed by the Zheng statesman, Zichan.[6][7] Arguing over forms and names, Deng was cited by Liu Xiang as a Logician and the originator of the Chinese philosophy that became known as "Legalism", likely making him an important contributor to both Chinese philosophy and the foundations of Chinese statecraft. Deng also published the earliest known statute in Chinese criminology entitled the "Bamboo Law".[8] This was developed to take the place of the harsh criminal code that existed in the Zheng state.[8]
The Xunzi paired him with Hui Shi as part of a general intellectual tradition, though the two lived 200 years apart. While Han Fei tended to dismiss the Logicians as useless (despite the 'Legalists' deriving a part of their statecraft from them), Xunzi's primary complaint about the two was that they didn't conform to ritual and "righteousness", or the "facts about right and wrong", portraying him as a talented person who, neglecting the way of Confucian morality, wasted his time on pointless intellectual games and sophistry.[9]
Deng Xi Zi
The Han History (Hanshu) attributes two scrolls of writings to Deng Xi, neither of which survives,[10] though Professor Zhenbin Sun at least considers the text bearing Deng's name to reflect his thought. It recommends that a wise king "follow names and observe actualities, examine laws and establish authority", saying that "positions cannot be surpassed, official titles cannot be used, and officials have their own responsibilities according to their names and titles. The superior follows the names and inspects if they correspond to actuality, the subordinate carries the orders and puts them into practice."[11] Along more logical lines comparable to Mozi it advocates "distinguishing different categories so that they may not hinder each other, and to organize different bases so that they may not disturb each other."[12]
Biography
Developing his debating skills in the legal courts of the state of Zheng, Deng served as a minor official there. Depicted as taking both sides of his cases, he is said to have argued for the permissibility of contradictory propositions, likely engaging in hair-splitting debates on the interpretation of laws, legal principles and definitions.[13] The Annals of Lu Buwei introduce him as a man who could "argue a right to be wrong and a wrong to be right, [for whom] right and wrong had no fixed standard, and 'yea' and nay' changed every day.... What he wished to win always won, and whom he desired to punish was always punished."[14]
Deng attracted many clients seeking legal advice, and apparently charging for cases in articles of clothing, he would eventually have enough to count himself rich.[15] With Xunzi's book pairing him with Hui Shi, it is difficult to separate their contributions. An example of his sophistry:
The Wei River was extremely high. A person from the house of a rich man of Zheng drowned. Someone found the body. The rich man asked to buy it back. The man demanded very much money. The rich man told Deng Xi about it. Deng Xi said, “Calm down. There's certainly no one else he can sell the body to.” The man who found the body was troubled by this and told Deng Xi about it. Deng Xi replied to him by saying, “Calm down. There's certainly nowhere else they can buy the body.”[16][17][18]
Despite this portrayal, more modern scholars consider that, having taken the time to write his own penal code, Deng may have been a well-intentioned legal reformer opposing what he saw as the suppression of ideas and opinions. Nit-picking over aspects of the law to defy Zichan's attempts to stop the publication of posters, Professors Xing Lu and Zhenbin Sun consider Deng wanted to challeng Confucian Li in favour of litigation and a free exchange, favouring what is termed "big" or communal arguments over petty ones as better resolving issues.[19]
Deng Xi was executed in 501 BCE, by Si Chuan, the then ruler of the state of Zheng. Si Chuan then adopted his penal code.[20]
References
- Footnotes
- ^ "Xi". Random House Webster's Unabridged Dictionary.
- ^ Zhenbin Sun 2015. p.15-16. Language, Discourse, and Praxis in Ancient China. https://books.google.com/books?id=MLx_BAAAQBAJ&pg=PA16
- ^ Peng He 2014. p.67. Chinese Lawmaking: From Non-communicative to Communicative. https://books.google.com/books?id=MXDABAAAQBAJ&pg=PA85
- ^ Bryan W. Van Norden 2011. p.102. Introduction to Classical Chinese Philosophy. https://books.google.com/books?id=TtK5750bm30C&pg=PA102
- Fraser, Chris, "School of Names", The Stanford Encyclopedia of Philosophy (Spring 2017 Edition), Edward N. Zalta (ed.). https://plato.stanford.edu/archives/spr2017/entries/school-names/
- ^ Zhenbin Sun 2015. p.15. Language, Discourse, and Praxis in Ancient China. https://books.google.com/books?id=MLx_BAAAQBAJ&pg=PA15
- ^ Harbsmeier 1998, p. 289
- ^ Fraser, Chris, "School of Names", The Stanford Encyclopedia of Philosophy (Spring 2017 Edition), Edward N. Zalta (ed.). https://plato.stanford.edu/archives/spr2017/entries/school-names/
- Zhenbin Sun 2015. p.14,18. Language, Discourse, and Praxis in Ancient China. https://books.google.com/books?id=MLx_BAAAQBAJ&pg=PA14
- ^ a b "China's First Legal Pioneer: Deng Xi". October 2019. Retrieved 2020-09-18.
- ^ Fraser, Chris, "School of Names", The Stanford Encyclopedia of Philosophy (Spring 2017 Edition), Edward N. Zalta (ed.). https://plato.stanford.edu/archives/spr2017/entries/school-names/
- ^ Fraser, Chris, "School of Names", The Stanford Encyclopedia of Philosophy (Spring 2017 Edition), Edward N. Zalta (ed.). https://plato.stanford.edu/archives/spr2017/entries/school-names/
- ^ Xing Lu. 1998. p.134. Rhetoric in Ancient China, Fifth to Third Century, B.C.E. https://books.google.com/books?id=72QURrAppzkC&pg=PA134
- Zhenbin Sun 2015. p.16,130. Language, Discourse, and Praxis in Ancient China. https://books.google.com/books?id=MLx_BAAAQBAJ&pg=PA16
- ^ Zhenbin Sun 2015. p.113. Language, Discourse, and Praxis in Ancient China. https://books.google.com/books?id=MLx_BAAAQBAJ&pg=PA113
- ^ Antonio S. Cua 2003 p.492. Encyclopedia of Chinese Philosophy. https://books.google.com/books?id=yTv_AQAAQBAJ&pg=PA492
- Fraser, Chris, "School of Names", The Stanford Encyclopedia of Philosophy (Spring 2017 Edition), Edward N. Zalta (ed.). https://plato.stanford.edu/archives/spr2017/entries/school-names/
- ^ Zhenbin Sun 2015. p.15. Language, Discourse, and Praxis in Ancient China. https://books.google.com/books?id=MLx_BAAAQBAJ&pg=PA15
- ^ Xing Lu. 1998. p.131. Rhetoric in Ancient China, Fifth to Third Century, B.C.E. https://books.google.com/books?id=72QURrAppzkC&pg=PA131
- ^ Deng Xi’s Exploits, Stanford Encyclopedia of Philosophy, retrieved 2011-04-02
- ^ Lü Shi Chun Qiu: Li Wei (Chinese), Chinese Text Project
- ^ Bryan W. Van Norden 2011. p.102. Introduction to Classical Chinese Philosophy. https://books.google.com/books?id=TtK5750bm30C&pg=PA102
- ^ Xing Lu. 1998. p.130-132. Rhetoric in Ancient China, Fifth to Third Century, B.C.E. https://books.google.com/books?id=72QURrAppzkC&pg=PA131
- Zhenbin Sun 2015. p.15-16. Language, Discourse, and Praxis in Ancient China. https://books.google.com/books?id=MLx_BAAAQBAJ&pg=PA15
- Fraser, Chris, "School of Names", The Stanford Encyclopedia of Philosophy (Spring 2017 Edition), Edward N. Zalta (ed.). https://plato.stanford.edu/archives/spr2017/entries/school-names/
- ^ "School of Names > Deng Xi's Exploits (Stanford Encyclopedia of Philosophy/Spring 2017 Edition)". plato.stanford.edu. Retrieved 2022-07-09.
- Sources
- Harbsmeier, Christoph (1998), Kenneth Robinson (ed.), Language and Logic, Joseph Needham: Science and Civilisation in China, vol. 7 Pt 1, Cambridge University Press
- School of Names, Stanford Encyclopedia of Philosophy, retrieved 2011-04-02
- Спирин В. С. "Дэн Си-цзы" как логико-гносеологическое произведение: перевод и исследование / В.С. Спирин; сост. А.И. Кобзев. - 325 с. - ISBN 978-5-02-036573-5