Topic summary
Shen Dao
Shen Dao (c. 360 – c. 285 BC), or (c. 395 – c. 315 BC), was an early-mid Warring states period Chinese philosopher and writer. Noteworthy as a predecessor influencing both Han Fei and Daoism, his remaining fragments are the most substantial of any Jixia Academy scholar. Often argued to influence the Guanzi, in connection with the flourishing academy, he may have been well known; with references in the Zhuangzi, Xunzi, Han Feizi, Lushi Chunqiu, Huangdi Sijing (unnamed), and later Huainanzi, retaining some individual significance into the early Han dynasty.
As introduced by Feng Youlan, Shen Dao was early remembered modernly for his influence on the Han Feizi with regards the concept of shi (勢; 'power', 'potential', circumstantial advantage or authority), most notably Chapter 40's "Objection to Positional Power” (Nan shi 難勢). Though defended by the Han Feizi, it sees Shen Dao as having a more naturalistic conception of power compared with "riding the wind", as also depicted in the Zhuangzi. The Han Feizi advocates "power founded by men".
Sima Qian discusses him amongst the Jixia academy scholars, taking him as rooted in Huang-Lao (Daoism). Later classified by the Confucian archivists as Legalist together with others from the Han Feizi, he shares some comparable early administrative ideas with them, and was likely the most broadly well known of them earlier in the Warring States period, but was less likely familiar with Shang Yang as a statesman.
Xun Kuang criticized Shen Buhai as more focused on power, and Shen Dao as "obsessed by fa." Most of Shen Dao's work would appear to have concerned fa, a concept including administrative methods and standards as including laws, advocating that reward and punishment be based in fa rather than the ruler's judgements, like the more legalistic Shang Yang. Advocating their distribution through both laws and impartial administrative mechanisms, he was otherwise more focused on administration more comparable with administrator Shen Buhai, but still bases the appointment of tasks and officials in the ruler's discretion.
Making some discussion of law, in his time, Shen Dao argued the value of laws that are not good (不善) as still having value over no laws. Bad laws are taken as still contributing to a more equitable distribution of goods and properties, and therefore preventing resentment, especially against the ruler. That "Even if a law is not good, it is still better than having no law" becomes perhaps his most famous statement, included in the Qunshu Zhiyao. But Shen Dao did prefer good laws, advocating that punishment and reward be proportionate rather than extreme.