Saturday, June 16, 2012

What is knowing?

Someone asked,
"What is Knowing? It seems that knowing is not the same to everyone. I know, you know yet there exists so many shades of differences. What is the reason for this?"

The knowing that is the same for everyone is the same, but everyone overlooks the knowing that is the same because we create differences in our imagination and call that which we imagine the different kinds of knowing.  Zen is about not being beguiled by the differences of our imaginations and realizing the true knowing that is the same for everyone, because that is the solitary brightness of the true person without rank.


In his Introduction to the Collection of the Various Expositions of the Fountainhead of Zen (sometimes translated with the shortened title Introduction to Chan or Chan Prolegomenon), Zen Master Guifeng Zongmi writes (in my translation):


Question: Above you already said that nature on its own is “completely constant knowing.”  Why is it necessary for the various Buddhas to open and indicate it?

Answer: That which is this word knowing is not indeed the knowing of evidence.  It means to articulate the true nature that is not the same as the vast sky, a tree, or a rock.  Therefore I said knowing.  Neither is it like the conditional and objective discriminations of consciousness, nor like the shining essence of complete penetration of wisdom. It just is the one true suchness of nature autonomously and constantly knowing.

[For comparison here's Jeffrey Broughton's translation from Zongmi on Chan, p. 135:  

Question: Above you have spoken of the “complete and constant Knowing that is intrinsically [pure from without beginning]’” Why should it be necessary for the buddhas to open it up and show it?

Answer: This Knowing is not the knowing of realization. My intention was to explain that the true nature is not identical to the sky or a tree or a stone, and, therefore, I said “Knowing.” [Knowing] is not like the consciousnesses that take sense objects as objective supports and discriminate. It is not like the wisdom that illuminates substance and comprehends. It is just that the nature of thusness is spontaneously constant Knowing. ]
So Master Zongmi is making very important points about the knowing that is the common ground of beings.
"That which is this word knowing is not indeed the knowing of evidence."
It is not the knowing that is discovered by evidence, proof, testimony, demonstration, etc.  This is very hard for us to see, but it is essential. We always grasp onto knowing by the content of what is known that we think we can amass and put on our mental shelf as knowledge.  We learn something by the evidence and call that knowing. But this is not the kind of knowing that Zongmi calls knowing.
"It means to articulate the true nature that is not the same as the vast sky, a tree, or a rock."
To talk about knowing is to clarify our true nature. The sky, tree, and rock do not articulate true nature and have not need to clarify true nature. We do.

"Neither is it like the conditional and objective discriminations of consciousness,"

Zongmi makes it clear that the knowing he is talking about is not the knowinng of the eye, ear, nose, tongue, body, or cognitive consciousness (vijnana) of the six consciousness. This kind of knowing by the six consciousnesses is dependent on the activity of the conditional objective discrimination of consciousness (vijnana). This is the knowing that is more basic that the testimonial knowing of knowledge, as it is the knowing of perception. However, most of us erroneously think that this is true knowing. We think that perception of color is knowing. We think that perception of sound is knowing.  Zongmi reminds us that true knowing is not to be confused with discriminations of consciousness.

"nor like the shining essence of complete penetration of wisdom."

Here, Zongmi is making the Zen point that the true knowing is not even the penetrating wisdom of prajna.  Prajna is the realm of the sages, bodhisattvas and Buddhas.  Zongmi is saying that the true knowing is not this type of wisdom, but is the knowing that is the inherent knowing of both commoners and sages, sentient beings and Buddhas. If knowing was the purview of sages and Buddhas, then that knowinng would be a knowing of accomplishment and as a knowing of acomplishment it could not be the innate knowing of true suchenss.

"It just is the one true suchness of nature autonomously and constantly knowing."

This knowing is shared by everyone. This is the knowing indicated by the Zen phrase "ordinary mind is Buddha." But because we confuse this knowing of true suchness, this "ordinary mind," with ordinary perceptions, objective consciousness, knowing about things, penetrating wisdom, etc, Zongmi has given us the examples of these categories of mistaken notions of "ordinary mind" and "knowing."

The knowing that we should know is the knowing that is just the one true suchness of our own true natue.  Because it is autonomously and constantly knowing, such words as "non-action" and "unconditioned" are applied to it and it is said that it cannot be gained by seeking. This is the conundrum.  It is autonomous and constant knowing, yet we don't know this knowing becasue we are distracted by our own objective discriminations that analyze and divide this one suchness into kinds of knowing and unknowing.

Saturday, April 28, 2012

Monotheism means there is only mind.


A questioner asked:
I was reading about it from the wikipedia.

"Ahura Mazda's creation—evident as asha, truth and order—is the antithesis of chaos, which is evident as druj, falsehood and disorder. The resulting conflict involves the entire universe, including humanity, which has an active role to play in the conflict."

"Zoroastrianism (as well as later Manicheism) may still have influenced elements of Buddhism, especially in terms of light symbolism."

"Daena (din in modern Persian) is the eternal Law, whose order was revealed to humanity through the Mathra-Spenta ("Holy Words"). Daena has been used to mean religion, faith, law, and even as a translation for the Hindu and Buddhist term Dharma."
It seems Zoroastrianism may have a significant influence in both Buddhism in China as well as well as Judaism and Christianity in the west.

Interesting stuff... Would be interested to hear thoughts from others :)


To me, it seems like everyone wants to say their own religion influenced the others.  It may be a historical truth that Zoroaster/Zarathustra was a prophet in the time of 1400 BCE but to the extent that Zoroasterian themes crop up in other cultural areas is not indicitative of cultural transmission per se.  I don't see any direct linkage with Buddhism but there is a case to be made for overt cultural cross polliination and influence of Zoroasterian themes in the development of Jusaism and Christianity.

The cultural archeology is interesting, but to me the psychological archeology is far more fascinating. But for those interested in the cultural anthropology, here's a link for an interesting story about the Zoroastrian roots of Judaism's monothesim and Paul's Mithraic version of Christianity as being essentially an heretical Christianity.   

In my view, the importance of "light" as an image for "awareness" transcends any particular culture and is inherently deep and profound in the psyche/mind. I'm using the term "psyche/mind" to mean the Mind only (cittamatra) of the Lankavatara. 


In other words, every culture gets the meaning of light as the symbolic image for the essence of our existence without any need to imagine cultural transmission.  Even physics has come to the conclusion that "light" is the essence of the universe, that everything is stardust, and light is just another way of saying energy which is the vibration that is reality. 


From the Buddhist perspective, the "problem" with the usual interpretation of Zoroastrianism (and all three of the great religions of the Lavant that appear to have been influenced by Zoroastrianism) is that it does not escape the literalization of good and evil.  The objectification of the idea of truth and falsehood is the activity of the 6th and 7th consciousnesses working together to close the veil of the source of mind.   The drama that is then created is a childish fantasy that the veil can be reopened by a victory of the good over the evil.  In fact the very investment in that drama is the glory of Mara because that is an endless loop of conflict with infinite regression.   The self-glorification of humanity by positing a "special" role in that conflict by playing the crucial role of aiding the good to overcome the evil is the childish wishfulfillment of roleplaying. 


But, that doesn't mean we should throw out the baby with the bath water.  Within every childish fantasy is the seed of truth. Our longing for "God" is because awareness longs to return to its source. We conceive of "God" in monotheistic terms because mind is one mind--there is mind only--and this mind is the one true suchness as source.  Within the consciousness of humanity is the special aspect of self-consciousness inherent in the light itself.  Humans have a special relationship with the universe in being able to reopen the veil of the 8th consciousness and realize the transformation of wisdom. But it is not done by "good conquering evil" in the dramatic sense of storytelling that posits one side of the opposites can defeat the other pole of the duality, but in the awareness itself that becomes aware of the inherent unity of all opposites just as light cannot manifest without the polarization of the wave into a peak and a trough. With the direct non-cognitive awareness that the opposites of good and evil are the peak and trough of the vibration of light itself, the Dharmakaya comes to conscious realization in a self-less-consciousness and manifests the purity that transcends the duality of the pure and the impure and realizes the goodness that transcends the duality of good and evil.

Tuesday, March 20, 2012

Trayvon Martin killing: is the investigation by Barney Fife or Bull Connor?

One aspect of the American Brand of Fascism (TM) is that it could not exist as it does but for the exploitation of those persons holding onto the remnants of the mental-frame of White Supremacy.  One only has to look at the current Republican Presidential Nominations campaigns and debates to see how the Republicans appeal directly and indirectly to White Supremacists and those with affinity for that framing of social relations.

Fascism always has a pseudo-populist appeal by its stirring up of the us-them framing of every major issue.  Without the version of racism within the American Brand of Fascism (ABF) constellating chief features of the primal feelings of tribalism for the in-group hatred of the out-group, there could not be the successful divide and conquer approach that fascism needs in order to develop its faux-populist base.

This week has revealed only the latest disgusting example of this lingering White Supremacy that the ABF relies and thrives upon. I'm speaking of the apparent murder of Trayvon Martin, a 17 year old boy in Sanford, Florida.  This is another case of wrongful death exposing the living remnants of delusional white supremacy in the good ole USA.

Trayvon Martin was killed by a self-appointed neighborhood watch fanatic named George Zimmerman, who by all the reported facts appears to have been racially motivated in his attack upon Trayvon because he though Trayvon was from another neighborhood as he exited a convenience store. In fact, Trayvon was a part-time resident visiting his father who lived in that neighborhood, a gated community, and was leaving the store with Skittles candy and tea that he had purchased.

Always on the forefront of exposing such attrocities of our fascist system, the news program Democracy Now! devoted a special program hour on Tuesday March 20, 2012, to reviewing this event.   Included in the program is a discussion of Florida's misnamed "Stand Your Ground" law that permits people to carry concealed weapons and use them if they feel threatened.  While the facts of the Trayvon Martin murder clearly do not come under this law as the 911 calls from the killer Zimmerman show the he was not "standing his ground" but was in pursuit of Trayvon and was at the same time being told by the police on the 911 call to stand down from his pursuit. 


GEORGE ZIMMERMAN: This guy looks like he’s up to no good or he’s on drugs or something. It’s raining, and he’s just walking around, looking about.
911 DISPATCHER: OK. And this guy, is he white, black or Hispanic?
GEORGE ZIMMERMAN: He looks black.
911 DISPATCHER: Did you see what he was wearing?
GEORGE ZIMMERMAN: Yeah, a dark hoodie, like a grey hoodie, and either jeans or sweatpants and white tennis shoes.
911 DISPATCHER: Are you following him?
GEORGE ZIMMERMAN: Yeah.
911 DISPATCHER: OK, we don’t need you to do that."

Still, NRA gun lobbyists and supporters of the law are claiming that Zimmerman was somehow acting in "self defense" when he ran after Trayvon who had a pack of Skittles while Zimmerman had a hand gun.

 At the time of the recording of the program, the Florida State's Attorney office was not committing itself to charging Zimmerman and instead was making excuses for stalling the arrest.  But the Dept. of Justice by the FBI, had announced that it would review the case from a federal perspective, which was initially a noncommittal statement.

The latest news is that the State's Attorney's Office is trying to craft a "compromise" by announcing that instead of just indicting the suspect by the filing of what is called "an information" which is the usual way that suspects are arrested and charged, they will present the case to a grand jury in order for the grand jury to issue the indictment and thereby take the heat off the prosecutor's office for whatever decision is made.  This is a common method adopted for crimes with political overtones to be handled if the prosecutor has reluctance to stand up and just make the charge directly on his own responsibility. 

Why wouldn't the Florida State Attorney's office want to issue the charges on its own?   Basically it appears that they are reluctant to do the charging because of the racist elements in the office and the local police who have botched the investigation. The question that is begged by the total unprofessional and incompetent conduct of the investigation by the Sanford Police Department is was this investigation done by Barney Fife or Bull Connor?  Based on the reported facts so far, it looks like Bull to me.   I can only conclude that the police are deliberately failing to investigate seriously and that only a public outcry will create any chance of a fair inquiry if one is even possible in that location.

P.S. Here is one online petition to record your views of this tragedy and to call for a real prosecution of this hate crime.

P.P.S.  Here is The Young Turks, Cenk Uygur, reviewing this story and interviewing Turner Clayton of the Seminole County Chapter of the NAACP  providing previous examples of police failure to investigate "white on black" crime but if the roles are reversed to immediately arrest the African American suspect.    http://current.com/shows/the-young-turks/videos/local-naacp-leader-fbi-should-take-over-investigation-into-florida-shooting-of-trayvon-martin

Sunday, February 05, 2012

A Zen Buddhist’s View Of The Illusion Of Corporate Personhood - 2

I previously posted Section A of Part 2 of my planned essay. Here, Section C of Part 2, is another piece of the puzzle of corporate personhood.


2. A Brief History of the Stranger Than Fiction Doctrine of Corporate Personhood


C. The Strange Case of Santa Clara County v. Southern Pacific R.R. Co. 


In the annals of history, both legal and lay, the case of Santa Clara County v. Southern Pacific R.R. Co. (1886), 118 U.S. 394, has been credited with legally establishing the court created doctrine of corporate personhood.  And because of this, Justice John Marshall Harlan, the author of the opinion has been called the father of the doctrine of corporate personhood.  The truth is stranger.  The Santa Clara case was about whether fences on the side of the tracks should be taxed by the state government or by the local counties, and thus asked the narrow legal question:  Was the assessment of the railroad companies= fences that were taxed by the state as part of the Arailway@ legal, or should the fences have been taxed by local government separately as Aother property@ improvements?  

The railroad corporations argued the state assessment was invalid because the fences were not part of the Arailway@ but were Aother property@ improvements taxable only by localities. As an alternative argument the railroads argued that the assessment was invalid because the railroad companies had not received equal protection under the 14th Amendment since other corporations and natural persons received the Aother property@ status for local taxation. This question of “equal protection” of course is the question that was the lynch pin in the theory of corporate personhood and was the holy grail that the railroads and other corporations had been reaching for by bringing a multitude of cases to the Supreme Court.

The Federal Court of Appeal ruled on the equal protection issue in favor of the railroad and found that the railroad did indeed have the equal protection of the 14th Amendment, and so that court never addressed the state law issues. 

When the Santa Clara case was decided by the Supreme Court Justice John Marshall Harlan wrote the opinion of the court.  This opinion by Justice Harlan is the only legally binding result and authority of the Santa Clara case.  But whatever judicial sins Justice Harlan may have had, Acreating@ the legal fiction of corporate personhood in his opinion in the Santa Clara case was definitely not one of them.  Justice Harlan=s opinion upheld the ruling of the trial court in favor of the railroad, but not for the 14th Amendment reason the railroad wanted. 

Harlan found that the appellate circuit court had ruled in backwards order, because the case should have been decided on the state law basis, not on Athe grave questions of constitutional law upon which the case was determined below.@  Justice Harlan concluded, AAs the judgment can be sustained upon this ground [of state law] it is not necessary to consider any other questions raised by the pleadings and the facts found by the court.@  Thus the corporate personhood question was never even ruled upon by the Santa Clara case. In fact, the Santa Clara case specifically overruled the lower appellate court’s attempt to insert the 14th Amendment into the case.

So how is it that this case is uniquely misunderstood in the history of law and the development of the doctrine of corporate personhood?  Simply, it was the later deliberate misrepresentation of the law by Supreme Court Justice Stephan J. Field. In the Santa Clara case, the summary minutes of the case history prepared by the court clerk states in its introduction:



AOne of the points made and discussed at length in the brief of counsel for defendants in error was that >Corporations are persons within the meaning of the Fourteenth Amendment to the Constitution of the United States.= Before argument MR. CHIEF JUSTICE WAITE said: The court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a State to deny to any person within its jurisdiction the equal protection of the laws, applies to these corporations.  We are all of opinion that it does.@ 



However, the statement of Chief Justice Waite had absolutely no force of law as it was merely the expression of his own personal opinion before arguments even began, and was not only not incorporated into Justice Harlan’s written opinion on the case, the written opinion explicitly rejected the meaning of this comment as being part of the decision on the case.  Prior to this case there had been no Supreme Court decision that ever stated that corporations are persons within the meaning of the 14th Amendment, and Justice Harlan’s opinion in this case specifically stated again that the Supreme Court was not making that ruling.

Thus, the doctrine of corporate personhood was not promulgated within the authoritative opinion of court hearing the Santa Clara case, but was stated only in the unauthoritative dicta (side comment) of the Chief Justice from the bench that was said even before the oral arguments had begun.  Therefore the Santa Clara case has absolutely no precedent value on the issue of corporate personhood.  There was in fact no legal reason for the court clerk to have inserted the comment into the summary of the case other than as an interesting note of history. At the time before recordings, the minutes of the comments at the hearing were the only official record of the proceedings and were attached to the opinions even though the minutes were not part of the opinions. The general and commonly acknowledged rule is that there are many comments made by Justices during oral argument, and it is beyond dispute that none of those comments have any authority or precedent and are only of value in trying to divine the reasoning behind the individual justice’s later opinion.


The Real Father of Corporate Personhood

Afterwards, even though the clerk had merely inserted some of the bench comments into the summary of the case, not the opinion of the case, the Santa Clara case became known as the original source of judicial authority on the doctrine of corporate personhood due to the intentional misrepresentation by Justice Stephen J. Field, who is the real “father of corporate personhood.”  How can it be said that Field’s misrepresentation was intentional?  As it turns out, Justice Field of the Supreme Court  was sitting on the 9th Circuit Court of Appeals at the time of the Santa Clara case and he was the author of the appellate decision that found that corporations were persons.  In those days the Justices of the Supreme Court also served on the appellate circuit courts when not in session in Washington. Thus it was his own opinion that had been overruled by the Supreme Court in the Santa Clara case.  So there is no conceivable way that he did not know that the Santa Clara case had overruled his own appellate opinion and in doing so had specifically refused to rule on the question of corporate personhood as he had hoped it would.

Who was Justice Stephan Johnson Field?  He was a lawyer from New York who went to California in the 1848 Gold Rush.  Within three days of arriving in Marysville California, he was elected Alcade (mayor) and instituted the whipping post as a substitute for the expense of incarcerating prisoners.  He was then elected to the State Assembly in 1850 but lost reelection. He was then elected to the California Supreme Court in 1857.  While a Justice on that court, he carried two pistols in a specially made coat so that he could fire his weapons through the coat’s pockets.  From the California Supreme Court President Lincoln appointed Field to the US Supreme Court in 1863. 

Field’s career on the Supreme Court shows that he never met a corporation that he didn’t like.  As soon as the 14th Amendment was adopted, Field began looking for ways to bring corporations into its penumbra.   It was obvious to any observer that the 14th Amendment was originally intended to guarantee equal protection of the laws to free slaves who were now recognized to be citizens of the United States.  However, the railroads and other big corporations immediately perceived that, if the 14th Amendment could be made to apply to corporations that were already recognized as “artificial persons” as “persons under the 14th Amendment,” then this would be the mechanism for the legalization of their supremacy over natural persons in the realm of politics.   Field was central to the Supreme Court’s expansion of the 14th Amendment protections for everyone, and especially including corporations, everyone that is except the originally intended recipients of the 14th Amendment, the freed slaves and other previously subjugated minorities such as the Chinese.


Two years after the Santa Clara case, in Pembina Consolidated Silver Mining and Milling Company v. Pennsylvania (1988) 125 U.S. 181, Justice Field wrote in the majority opinion that corporations are not Acitizens@ within the meaning of the Privileges and Immunities Clause.  He had to say so because a previous case had already stated this explicitly, and the Court was not about to overturn this precedent.  Field explained Athe term citizens, as used in the clause, applies only to natural persons, members of the body politic owing allegiance to the State, not to artificial persons created by the legislature, and possessing only such attributes as the legislature has prescribed.@  This is of course, if reason and logic prevailed, the same reasoning that should lead to the same conclusion regarding the question of whether a corporation is a “person” under the 14th Amendment’s definition of persons as “persons born or naturalized in the United States.”

However, in the Pembina case, Field incredibly came to the opposite conclusion as to the term “person” in the 14th Amendment’s next sentence and was able to do so because no other case had ruled on this question.  In a gratuitous and superfluous statement of dicta, having nothing to do with the outcome of the Pembina case, Field wrote, AUnder the designation of person there is no doubt that a private corporation is included.  Such corporations are merely associations of individuals united for a special purpose, and permitted to do business under a particular name, and have a succession of members without dissolution.@  Field provided no legal rationale whatsoever why corporations are not “citizens” since they possess only such attributes as the legislature prescribes, but are “persons” while possessing only the very same attributes.  In other words, Field was doing away with the previously vital distinction between “natural” and “artificial” in the legal fiction of a corporation’s personhood.

For the first time in a Supreme Court decision, Field was stating this new doctrine without referring at all to the Santa Clara case or to any other specific previous case to support his statement, a statement that was not even necessary and had no specific application to the case at hand.  This is the earliest case that actually states in the body of its opinion that private corporations are included as persons under the 14th Amendment.   And of course, that holding was not even necessary because his opinion in even this case concluded that the 14th Amendment didn=t apply to the case, even when corporations are considered as persons.  But in order give corporate personhood a foothold into case law, Field inserted the doctrine without otherwise explaining any legal basis for it.

Then finally in Minneapolis & St. Louis R. Co. v. Beckwith (1889) 129 U.S. 26, issued only a year after Pembina and three years after Santa Clara, there came a case about three hogs that had been killed by a train.  Under the Iowa statute, after a hearing a justice of the peace awarded damages in favor of the farmer. The railroad then ignored the order and under the same statute the award was doubled for failure to pay.  The railroad challenged the statute saying they were denied equal protection under the 14th Amendment because the statute only applied to railroad corporations and the double award provision was not in other statutes that applied to other types of corporations.  The railroad was claiming that they deserved equal protection because not all corporations were being treated equally under the law. 

In a legally fascinating sleight of hand, Field was able to turn this case into the watershed that the corporations were seeking. The court majority, with Field writing the opinion, found first that the 14th Amendment applied to corporations, but that the state law in this case had not violated the 14th Amendment because the state’s police power in enacting the law had a reasonable basis to make the law apply only to railroads and the 14th Amendment required only that like persons were treated alike, that is, that all railroad corporations be treated alike, not that all corporations be treated alike.

Then to support his unprecedented position with precedent, Field wrote: ACorporations are persons within the meaning of the clauses in the Fourteenth Amendment to the Constitution concerning the deprivation of property, and concerning the equal protection of the laws.  Santa Clara County v. Southern Pacific Railroad, 118 U.S. 394, and Pembina Mining Co v. Pennsylvania, 125 U.S. 181, followed.@  Of course, Field knew that Santa Clara did not make that holding and that his own opinion in Pembina didn=t even mention Santa Clara, much less follow it as precedent.  He knew as well that the reference in Pembina to corporate personhood was judicial dicta inserted by himself having no application to the ruling itself.

So it was Justice Field who singlehandedly inserted the doctrine of corporate personhood into Supreme Court opinions and exploited his false citation to Santa Clara as the source of the earliest precedent for the doctrine of corporate personhood to create a false history of corporate personhood.  Subsequently, people, including the Supreme Court in later decsions, have taken Field's false citation to the Santa Clara case as proof that the Santa Clara case is the first case that established corporate personhood as a precedent.

To date, no Supreme Court case has ever directly considered and provided the legal rationale to support the argument on the original issue of whether and why corporations are included as persons under the 14th Amendment when the 14th amendment only defines persons as “persons born or naturalized in the United States,”  For example, if taken at its face value, under the naked conclusion of Minneapolis & St. Louis R. Co. v. Beckwith, since corporations are persons under the 14th Amendment, corporations should be able to be elected to congress under Section 3 of the 14th Amendment that refers to persons elected to Congress.


Saturday, February 04, 2012

A Zen Buddhist’s View Of The Illusion Of Corporate Personhood - 1

I'm working on an essay about the illusion of corporate personhood as viewed by the perspective of this zen student. My grand design (or delusion of grandure) is to have sections dealing with:

1. How Buddha Dharma Views The Illusion of Personality.

2. A Brief History of the Stranger Than Fiction Doctrine of Corporate Personhood
A. The Heart of the American Revolution Was a Revolt Against Corporate Political Power.
B. The Corporate Trial of Strength by the Banks and Railroads
C. The Strange Case of Santa Clara County v. Southern Pacific R.R. Co. (1886)
D. The Development of the Doctrine of Corporate Personhood

3. The Modern Political Power of Corporations is the American Brand of Fascism

4.  A Path to Pierce the Illusion of Corporate Personhood
A.  What Would a Real 21st Century Tea Party Revolt Against Corporate Property and Profits Look Like?
B. What is a Buddhist to Do?

This first installment is not actually what I've conceived of as the first section.  This is the first draft of the first section of Part 2. Though based on the arising inspiration, the whole thing may be rearranged when all the parts are completed.
.

2. A Brief History of the Stranger Than Fiction Doctrine of Corporate Personhood

A. The Heart of the American Revolution Was a Revolt Against Corporate Political Power.

            Because it is a perfect example of how the more things change the more they stay the same, let’s begin our story of corporate political influence with the founding of our nation.  Few people realize that the birth of the United States of America was in large part a reaction to the power of corporations at the initial stages of the development of Corporate Personhood (CP).  

            In the middle of the 18th century there was no more powerful corporation than the East India Company of England (EIC) with its great wealth from trade specializing in cotton, silk, dyes, saltpeter, salt, tea, and opium.  Its power was so vast that it ruled over its trade territories as an autonomous pseudo-government, printing money, enforcing its laws, and claiming land in its own name.  But like the corporations of today it was not immune to the depressions of economic fortunes, and at the beginning of the 1770s it faced bankruptcy due to changes in financial conditions.  The EIC went to Parliament, and not unlike today, it’s leaders claimed that it was a corporation too big to fail and successfully sought a governmental bail out.  The bail out bill was known as the Regulating Act of 1773. 

            As a concession for bailing out the corporation, Parliament exacted acknowledgement from the EIC that any act of sovereignty that was made by the operators of the EIC as subjects of the Crown was in fact for the benefit of the sovereignty of the Crown and not in EIC’s own right.  Thus Parliament exerted its ultimate political control over the EIC, but in so doing it admitted, both in the Act and de facto, the “right” of the EIC to have influence over Parliament through the political process.  As part of the 1773 Act’s bail out program, the EIC was given both greater autonomy in its business enterprises in the American Colonies and tax relief in the form of rebates and exemptions from tea import duties that the much smaller Colonial traders were still forced to pay. 

            As the result of their bail out and tax favoritism, the EIC was able to undersell its Colonial entrepreneurial competitors to drive many of them out of business.  The response to this exercise of raw transnational corporate power was the revolt that has became known as the Boston Tea Party where the patriotic rioters destroyed the private property of the corporation by throwing the bales of tea into the salt water and ruining them.  This illegal destruction of corporation property was among the first acts of open defiance leading up to our nation’s Declaration of Independence. 

            Of course today, destroying the property of the powerful transnational corporations is still considered illegal by the political powers that be, yet no one can deny that such destruction of corporate property has a hallowed place in the shrine of American history.  It seems that today’s Tea Party adherents have completely forgotten the lesson of the original Tea Party as they fawn over the rich and powerful in the corporations who control their agenda, such as today’s Tea Party’s love of corporate controlled health care.  If it were not for the powerful corporations’ control of Colonial economics and the Colonists’ revolt against those transnational corporations, the USA might never have been born.

            It was this experience with the scope of political power of the large corporations that informed the founding fathers’ view of corporations and explains why the word “corporation” does not appear in the U.S. Constitution or Bill of Rights. The compatriots of the original Tea Party knew that corporations need to be limited in their political power and influence.  Thus, with the founding of our nation the American laws protected people from corporations in ways that other nations did not.  For example, only natural humans were considered to be the “people” who had the protection of the First Amendment for their free speech.  Only natural humans had the protection of the Fourth Amendment right to privacy.  Only natural people had the Fifth Amendment protection against double jeopardy and the right to silence if accused of a crime.  Only natural people could be shareholders and Corporations were not allowed to be shareholders of other corporations. Corporations could not give money to politicians or try to influence elections on the rationale that they had no business doing so because they could not vote. Corporations were only chartered for specific purposes with at least a colorable claim that the purpose was “for the public good” and they were typically established for a specific term of years related to that purpose.  The requirement of a single purpose that was for the benefit of the public (such as building a bridge, operating a toll road, running a university, etc.) was far different from today’s view that the only purpose of a corporation is to make profits for its owners.

            In fact the threat of the power of corporations was so well known to the founding fathers such as Sam Adams who participated in the original Boston Tea Party, that Thomas Jefferson and James Madison apparently proposed a so-called  “11th Amendment” that would have placed corporations into the Constitution for the purpose of a Federal restriction on their power in the manner of the other restrictions on the power of the Federal Government and making most of the above restrictions on corporations part of the Constitution. The story goes that their proposed Amendment was rejected by Congress with the help of the argument that it was not necessary to put it into the Constitution because the states already had those regulatory restrictions in place in their state laws.   

            I have not found original source material for this story of a Jefferson-Madison Amendment aimed at corporations, however, whether or not the legend of their proposal is true, it is undeniable that both Jefferson and Madison expressed clear reservations about corporations.  Jefferson said in 1816, “I hope that we shall crush ... in its birth the aristocracy of our moneyed corporations, which dare already to challenge our government to a trial of strength, and bid defiance to the laws of our country. I sincerely believe that banking establishments are more dangerous than standing armies.”  And by the end of his life, Madison’s views on corporations were equally plain as stated in a letter dated March 10, 1827, “Incorporated Companies with proper limitations and guards, may in particular cases, be useful; but they are at best a necessary evil only.”   There can be no doubt that both of these founding fathers were advocates for strong limitations and safeguards against the political power of corporations.

*****
Comments invited.

Wednesday, December 28, 2011

Recording of Goddard's Translation of Lankavatara Sutra

Here's a recording of the Lankavatara Sutra The whole sutra is “chanted” in English by Christian Pecaut with separate files for each chapter making 13 mp3 files.

http://www.archive.org/details/Lankavatara
I've downloaded the files and listen to them while I commute. It makes a wonderful commuting experience.  Pecault chants in a sing-song voice of rising and falling tones that create a very soothing and dynamic atmosphere of reverence. At times it seems that Pecaut is doing his best not to bust out laughing and only holding it together barely until he gets back on track.  

The Lankavatara version being recorded is the one translated by Dwight Goddard in his book A Buddhist Bible which is online at the Sacred Texts site:
http://www.sacred-texts.com/bud/bb/index.htm

The main thing I don't like about Goddard's translation is that both the words citta and vijnana are translated into English by using the same word "mind" which causes a lot of confusion when the discussion is about the 8 consciousnesses (vijnana). Thus translating "alayavijnana" as "universal mind" glosses over subtle nuances.

In his 2004 introduction to the etext version of the book, John Bruno Hare explained a bit about the style of translation that Goddard was presenting.
Hare wrote: "Goddard, particularly in this first edition, took the best available translation of key documents and edited them heavily to eliminate repetitious passages and extraneous material. So this is a readers edition, not a critical edition, of these texts. However, he did nothing to water down or simplify the message of the sutras; quite the contrary. One can read this book repeatedly and still come back with new insights on each reading."
But regardless of the translation technicalities, as the Lanka itself says in Goddard's translation,
"Anyone who teaches a doctrine that is dependent upon letters and words is a mere prattler, because Truth is beyond letters and words and books."
We read the Lanka correctly when we read and hear the truth of it and not just the words. This is what Huineng called "turning round the sutra" and "not being turned around by the sutra."

Lastly, for those who wondered where the Zen motto attributed to Bodhidharma came from, we see that the line "not established on word or letters" came from the Lankavatara that Bodhidharma was known to favor. Thus the scholars who claim that the motto came well after Bodhidharma have nothing to stand on when we see that the pieces of the motto came from the Lanka and Bodhidharma was a solid supporter of the Lanka.

Sunday, December 18, 2011

New Translation of Lankavatara Sutra by Red Pine

I just came across Barry Briggs' blog post on Red Pine's new translation of the Lankavata Sutra that he posted about 3 weeks ago. Since the comments section was closed I decided to write some extended comments. Here is Mr. Briggs' original post:
Last week Counterpoint Press sent an "advance galley" copy of Red Pine's new translation of The Lankavatara Sutra. The book was on my Amazon "wish list," so I consider myself pretty fortunate.The Lankavatara Sutra played an important role in the development of Zen Buddhism and, according to legend, Bodhidharma passed on his personal copy to his dharma heir, Hui-k'o. As I understand it, this sutra is important for teaching that consciousness is reality itself. Further, it provides a detailed analysis of consciousness, heady reading for an unconscious fellow like myself.
Red Pine is known for his translations of the Diamond, Heart and Platform Sutras. This new translation looks fully annotated with notes and references, making it especially valuable for those of us who might not grasp its teaching.
Although I haven't read the text, I have skimmed randomly through it. Here's a gem that jumped off page 110:
Mahamati, words are not ultimate truth, nor is what they express ultimate truth. And how so? Ultimate truth is what buddhas delight in. And what words lead to is ultimate truth. But words are not ultimate truth. Ultimate truth is what is attained by the personal realization of buddha knowledge.
I plan to offer an actual review of the book in the coming months. In the meantime, you might pre-order through your favorite bookseller.

********
Some of the commenters on that page shared their reservations about Red Pine's translations suggesting that Red Pine doesn't have a very good grasp of the deeper ideas of Buddhist teaching.  I too am looking forward to Red Pine’s new translation, and I also have reservations about how Red Pine does translating.  But I strongly disagree that "the problem" with Red Pine's translations has anything to do with his not having "a good feel for what the texts are talking about." 

In my view, Red Pine knows exactly what he is doing, and I don’t think that his translations are invalid or illegitimate.  It is just that he is translating for the general non-Buddhist audience, so he does not worry about keeping the terminology strictly in accord with the original or presented in the technical jargon of Buddhist rhetoric.  People who have no background in the technical terms of Buddha Dharma won’t notice a thing and will be inspired by his translations. But when reviewing the translation against the original texts, it becomes clear that his primary goal in translating is to make the work the most palatable to the most people, not in keeping great accuracy for the original words or Buddhist concepts.  For me, knowing that is his goal, I can read his translations without getting my knickers in a twist about his using popular terminology rather than strictly Buddhist terminology. I know if I want the more strict translation to look elsewhere, and that does not prevent me from enjoying how Red Pine translates.

*****

Mr. Briggs wrote,
As I understand it, this sutra is important for teaching that consciousness is reality itself. 

As D.T. Suzuki writes in his Studies in the Lankavatara Sutra, the companion volume to his translation of the Lankavatara, there is a significant difference between the “consciousness-only” (vijnanamatra or vijnaptimatra) orientation of the Yogacara analysis and the “mind-only” (cittamatra) of the Ekayana (One Vehicle) taught in the Lankavatara. 

The doctrine expounded in the Lankavatara and also in the Avatamsaka-sutra is known as the Cittamatra and never as the Vijnanamatra or Vijnaptimatra as in the Yogacara schoool of Asanga and Vasubandhu. (p. 181) 

The core refrain of the Lankavatara is that all things are discriminations to be seen as of mind itself.

In his introduction to his translation of the Lankavatara, Suzuki writes,

“Without a theory of cognition, therefore, Mahayana philosophy becomes incomprehensible. The Lanka is quite explicit in assuming two forms of knowledge: the one for grasping the absolute or entering into the realm of Mind-only, and the other for understanding existence in its dualistic aspect in which logic prevails and the Vijnanas are active. The latter is designated Discrimination (vikalpa) in the Lanka and the former transcendental wisdom or knowledge (prajna). To distinguish these two forms of knowledge is most essential in Buddhist philosophy.”

Thus the orientation of the Lankavatara is not that consciousness is reality itself, but that consciousness is the discriminating activity of mind that makes us cling to duality, and only by realization of the non-dual or oneness (ekagra) of Mind-only is the highest samadhi attained.

Suzuki also writes in his introduction to the Lankavatara translation,

“The Lanka is never tired of impressing upon its readers the importance of this understanding in the attainment of spiritual freedom; for this understanding is a fundamental intuition into the truth of Mind-only and constitutes the Buddhist enlightenment with which truly starts the religious life of a Bodhisattva. [...] The awaking of supreme knowledge (anuttarasamyaksambodhi) is the theme of the Prajnaparnmita-sutras, but in the Lanka the weight of the discourse is placed upon therealisation by means of Aryajnana of ultimate reality which is Mind-only. This psychological emphasis so distinctive of the Lanka makes this sutra occupy a unique position in Mahayana literature. 

In other words, the conception that "consciousness is reality" does not pierce the veil of consciousness, and only by piercing the veil of discriminating consciousness can people awaken to the ultimate reality of Mind-only.

 *********
To play with the translations for comparison, here are the side by side translations of the section Mr. Briggs selected, as translated by Red Pine, with the same section translated by Suzuki:
 

Red Pine wrote: Mahamati, words are not ultimate truth, nor is what they express ultimate truth. And how so? Ultimate truth is what buddhas delight in. And what words lead to is ultimate truth. But words are not ultimate truth. Ultimate truth is what is attained by the personal realization of buddha knowledge

Suzuki wrote: Mahamati, words are not the highest reality, nor is what is expressed in words the highest reality. Why? Because the highest reality is an exalted state of bliss, and as it cannot be entered into by mere statements regarding it, words are not the highest reality. Mahamati, the highest reality is to be attained by the inner realisation of noble wisdom;


Suzuki is translating from the Sanskrit edition of Bunyu Nanjo published by the Otani University Press in 1923. I don’t know yet which version Red Pine is using as his basic text, but I assume it is either this Sanskrit version or anotheer.  Suzuki compared the Nanjo Sanskrit version against the three extant Chionese translations of Gunabhadra, Bodhirucci, and Sikshananda and also one Tibetan translation. Based on this comparison Suzuki thought there must be some omissions in the Nanjo Sanskrit version. 


Comparing the last sentences of the two versions above:

RP: Ultimate truth is what is attained by the personal realization of buddha knowledge

DTS: the highest reality is to be attained by the inner realisation of noble wisdom;


The terms “ultimate truth” and “the highest reality” are translations of the Sanskrit word paramartha (C. 第一義, literally, e.g., “primary meaning” or “first truth”)  Other translations could be “the highest matter”, “the chief concern”, etc.  I prefer the Chinese literal translation “primary meaning” for the compound term “parama-artha.”

The terms “buddha knowledge” and “noble wisdom” are translations of aryajnana (C. 聖智).  Obviously, Red Pine is inserting the word “buddha” to help the reader know that the noble-knowledge being spoken of is the noble-knowledge of a Buddha.  But by leaving out the word “arya” that means "noble, honorable, highly esteemed, excellent, worthy one," etc., and inserting “buddha,” Red Pine is going further than I like in translation. The text has arya-jnana not buddha-jnana, so I feel obligated to translate it that way and not change arya-jnana to read buddha-jnana.

The Sanskrit word jnana is a difficult word to translate because it is usually translated as “knowledge” which unfortunately in English connotes more the image of what is the collected data rather than the pure ability to know. This is why Suzuki translates is as “wisdom,” to indicate that it is not the objects or data of knowledge but the act of knowing truly.  To explain what the term jnana means, I like the translation “innate intelligence” to indicate that it is not something acquired as knowledge of external things but the innate knowledge or intelligence that we become aware of by meditation that gives us the ability to know the true naturre and conditions of things.  But I admit it is a cumbersome term, since for some, “intelligence” also means “what is learned or understood” rather than the ability to learn or act of understanding.  

********

I translate this last sentence of the excerpt according to the three Chinese translations like this:

Gunabhadra: That which is the primary meaning is the noble intelligence to which one’s own realization attains.

Bodhirucci: That which is the primary meaning is the noble intelligence confirmed within.

Sikshananda: That which is the primary meaning is the noble intelligence within one’s own field of confirmation.

***********

The Lanakvatara Sutra is a most interesting Sutra in that it does not have much of a narrative and after the opening section, it is primarily in the form of the Bodhisattva-mahasatva Mahamati asking questions about points of Buddha Dharma and Buddha responding to clarify how to perceive from the perspective of Mind-only. The Mind-only perspective is the stance of the Ekayana lineage that Bodhidharma, the founder of the Zen lineage in China, brought from Southern India.

An early reference to Huike, the disciple and Dharmaheir of Bodhidharma, is found in the Continued Biographies of Emminant Monks () by Daoxuan () who was not himself a monk in the Zen lineage.  In telling about his contemporary,the monk Fachong who lectured on the Lankavatara, Daoxuan says that Fachong was a great admirer of the Lankavatara Sutra and lamented that it was not receiving the respect and recognition that it was due.  Fachong travelled extensively in his quest to propagate the Lankvatara and eventually he came upon a group of descendants of Huike who also studied the Lankavatara extensively. Here he had frequent insight into the "Great Point" and was certified to teach the Lankavatara. Then in further travels he met a monk, who had been intimately transmitted by Maser Ke himself, "relying on the One Vehicle lineage of Southern India to explain it." Fachong then lectured over 100 times on the Lankavatara.

Daoxuan states that Zen master (Bodhi)Dharma propagated the Lankavatara South and North: "Forgetting words, forgetting thoughts, and without attainment, the right insight was taken to be the lineage."  

The Zen lineage is comprised of all those who have Bodhidharma as their chief ancestor in the Buddha Dharma. Thus every student of Zen must at some time in their career study and realize the "Great Point" of the Lankavatara if they are to consider themselves a true descendant of Bodhidharma.  Certainly, to the extent that Red Pine's new translation makes the Lankavatara more accessible to Zen students, this new translation is a great and virtuous benefit to the Buddha Dharma.

********

Cross-posted at Zen Forum International at http://www.zenforuminternational.org/viewtopic.php?f=17&t=7518


Tuesday, December 13, 2011

Koans Are Not About Santa Claus

This essay is a reply to a talk titled “Dogen’s Use of Koans” by Griffith Foulk given on November 12, 2011, at the Bringing Dōgen Down to Earth conference held at FIU Miami.  The audio of the talk is available at Ancient Dragon Zen Gate, Audio #124, http://audio.ancientdragon.org/20111112DT_ADZG_dogen2_griffith_foulk_koans.mp3 -

Though I am critical of Foulk’s perspective on koans that is presented in this talk, I do very much appreciate his willingness to present his views and make them available to the public like this.  The Dharma neither increases nor decreases, but discussions of the Buddha Dharma like this help to increase people’s awareness and realization of the Dharma.

Griffith Foulk is an academic scholar and my criticism of his approach to koans is centered on his academic orientation on “understanding” koans, as if that is what koans are about.  Zen koans are not created by scholars, not used by academics, not appreciated by pundits, and not realized by professors; they are created, used, appreciated and realized by Zen practitioners.  This fundamental distinction is lost in talks by academics who tell their audience as Foulk does that after a brief academic presentation “You will understand koans.”  The core error with this type of “understanding” is that it applies an inert doctrine as an overlay to a living koan and then claims to have established “understanding” thereby.  This is like saying you understand a dog because you know the name of its breed and the major anatomical features of the species.  This kind of understanding is so limited that it in no way approaches real understanding of this particular living dog. Likewise, Foulk in no way has approached real understanding of the particular living koans.

Foulk’s talk is titled “Dogen’s Use of Koans” and he attempts to bring Dogen’s use of koans down to earth by presenting a key to understanding all koans through the use of two primary doctrines of Madhyamaka analysis, that is, the doctrines of emptiness and the two truths.  Most of the talk describes his method of understanding koans as metaphors used in the context of teaching emptiness. 

Foulk begins by alluding to the fact that there is a common misunderstanding that portrays Dogen as not using koans. Foulk is quite correct that this view is erroneous and that Dogen did indeed use koans frequently in his writings and talks as a central teaching device and that Dogen even compiled a collection of 300 koans.  It is most unfortunate that in the first half of the 20th century a legend arose within the Soto branch of Zen that Dogen was opposed somehow to koans.  It is amazing to consider how this legend grew independently of Dogen’s actual writings in which any plain reading must clearly observe Dogen’s abundant appreciation and use of koans.

In asking “What are koans?” Foulk also points out correctly that koans are not riddles as the term is commonly used and as koans are often misunderstood to be.  But then he refers to a koan and says, “When I’m done in ten minutes you’ll understand it,” which no one who seriously knows koans would ever say even in jest.  That a koan is not a riddle, i.e., a problem to be solved or guessed, doesn’t mean the opposite, that it is a locked box that can be opened simply by applying the doctrine of emptiness as a skeleton key to understand every koan.  .    

Foulk points out that because koans use striking imagery or irreverent non sequiturs that they are often thought of by some scholars as nonsensical statements intended to stop the workings of the intellect or to cut off discursive or dualistic thinking.  He dismisses this view as “totally idiotic,” because koans would not be around for over a thousand years if they were nonsensical.  But then he throws the baby out with the bath water and leaves aside the basic working of the koan: that even though the koan is not “nonsensical,” there is in fact a strong component to all koans that is intended to cut off dualistic thinking.  This is the soteriological “understanding” of koans whose purpose is to act as the ferry to cross over the ocean of afflictions by turning awareness around to its own source. This function of “turning the light around” is called in Sanskrit paravrtti and will be discussed further below.

On the question of the translation of the word “koan,’ Foulk says “The term ‘koan’ is often translated as ‘public case,’ but that also is not correct.” However, it is Foulk who is incorrect on this point.  The word koan as it has come into English is from the Japanese pronunciation of the Chinese word gongan composed of two characters gong (J. ko) and an (J. an). Foulk wants to make much out of the fact that gong means “public official, a magistrate or a judge” but he is just plain wrong when he says it doesn’t also mean “public” without the “official.” Chinese characters do not change form as English does when a noun is made plural, turned into a verb, or made into an adjective. So the term gong means both “public” and “public official” and the term gongan or koan means, depending on usage, either “public case” or “case of a public official.”  In the current usage within Zen practice, it makes much more sense to use just “public case” as the koan has become public and none of the players in koan are actually “public officials, magistrates, or judges” even though, as Foulk points out, they can be metaphorically imagined to be acting judicially.   This little detour into translation points just appears to be an attempt at scholarly one-upmanship. 

Next, Foulk presents some of the traditional contexts for koan use. He points out that in public meetings, a monk may come forward and ask about a koan or a teacher may raise a case on their own to comment on as part of their teaching.  Also a student may bring a koan into a private interview with the master.  However, at this point Foulk leaves out the most important aspect of current koan use in Zen practice today in those Zen schools that use koan inquiry, which is that in the private interview setting the teacher will raise a koan and present it to the student to measure or check the student’s realization.  This is the hub of all koan use, and Foulk’s omission or lacuna on this point says much about how he misperceives koans.

 The central point being made is the following: “Koans are not nonsensical. This is the point I want to stress. There is a standpoint from which they make sense and they’re perfectly logical. They do involve a lot of word play, punning, joking, metaphorical flights of fancy, but all of those are grounded in an understanding of the point being made.”   He concludes this analysis saying that “The meaning of any koan can be explained in logical philosophical language, but that’s not the rules of the game. The rules of the rhetorical game of commenting on them call for a rhetorical response in kind.” 

First, there are many different kinds of “understanding” and “logic” and Foulk seems to ignore that every understanding is based on its particular standpoint.  So koans may be “understood” from the standpoints of history, sociology, psychology, phenomenology, ontology, soteriology, etc., and even from a standpoint of Madhyamaka Buddology, but so what?  Of course there is a logical standpoint that can be overlaid onto koans to make them appear “perfectly logical” but does that really have anything to do with the function of koans or just with the analytical measuring tool that results in what is labeled as “understanding”?  

Koans are not “rhetorical games” and to call them such is to malign them just as much as one does by calling them “riddles.”  Why Foulk acknowledges that koans are not “riddles” but then calls them by the equally erroneous term “rhetorical games” is expressive of his scholarly approach in which nothing about koans is really understood, but the gamesmanship of the academy is front and center.  What Foulk misses is that the “logical philosophical language” that he uses to “understand” koans is after the fact of the koan itself and is merely a case of putting the cart before the horse.  Koans are about the horse, or the ox to use the more Buddhist associated animal, that is pulling the cart and not about the cart.  And focusing on the ox rather than the cart is not merely a rhetorical game; rather it is the essence of Zen itself and the factor that distinguishes Zen from all other forms of Buddhism that focus on the carts.  And it is the factor that Foulk has completely missed in this presentation.

Foulk would have people believe that koans are making points of Buddhist doctrine to be understood. This is wrong, but it is a nuanced error.  In its fundamental aspect, the koan represents a nexus or nodal point of awakening or potential for awakening.  Buddhism is about awakening and Buddhist doctrine when rightly understood is about the various paths to awakening. Therefore koans may be analyzed in terms of Buddhist doctrine because it is the function of Buddhist doctrine to analyze life in terms of awakening and koans are both about awakening and life.  But that analysis does not mean that the koan is understood, it only means that the doctrine applied to the koan is understood. There is a big difference between these two aspects. 

In other words, every koan has within it a presentation of some Buddha Dharma. Why? Because Buddha Dharma is about life and Buddha Dharma can be related to every aspect of life and koans represent life and thus also represent the Buddha Dharma of the life represented in the koan. 

I like the analysis that every koan can be understood through the multidimensional prism of the Three Treasures of Buddha, Dharma, and Sangha.  That is, every koan has a Buddha aspect, a Dharma aspect, and a Sangha aspect.  Foulk primarily focuses on the Dharma aspect and mostly ignores the Buddha aspect.  But more importantly, Foulk only focuses on one Dharma aspect, that of the Madhyamaka analysis of Emptiness and the Two Truths.  This is nothing other than a Buddhist version of philosophical reductionism.   

So how does this work for Foulk?  He compares Dogen’s use of koans with the Linji lineage Zen master Dahui Zonggao (大慧宗杲) (1089–1163), the most well known koan master of the time, as advocating focusing on the koan and “go into trance” to have a breakthrough experience.  The crassness of the term “trance” in this context is only understandable when one recognizes that Foulk has a pejorative view of koan practice calling it by the derogatory term “kanna zen.” He says Dogen did not advocate using koans as a device in mediation for a single moment of awakening and instead used koans in his teaching so that over a long period of time one would get a different point of view that could be called awakening.  Of course this ignores the fact that in his own life Dogen did indeed have a single moment of awakening, but whether it is Foulk or Dogen who is ignoring that Dogen had his own all important single moment of awakening is something to be left to another discussion.

Then Foulk takes up Dahui’s favorite koan and perhaps the most famous koan in the West, “Zhaozhou’s Dog.”  He relates the koan like this:

A monk asked Zhaozhou, “Even in a dog, is there Buddha nature or not?” 
And Zhaozhou said “Wu” (or in Japanese “Mu”).


Foulk explains that saying “Wu” means “there is none,” so that Zhaozhou is saying the dog does not have Buddha nature which files in the face of standard Buddhist teachings that all beings have Buddha nature.  Foulk then says it can be explained like this: “To ask if a dog has Buddha nature is just like asking, ‘Does Santa Claus have a red suit?’”

From here, Foulk goes wrong.  He says that everyone knows Santa Claus has a red suit just like all Buddhists know a dog has Buddha nature, but that everyone knows that Santa Claus does not exist and so the red suit also does not exist, just like Buddhists know that a dog does not exist so the Buddha nature of the dog also does not exist. It seems to make no difference to Foulk that the non-existence of Santa Clause is a different order of non-existence from the non-existence of either the dog or Buddha nature. By ignoring this distinction between the two kinds of non-existence, Foulk is ignoring an important distinction of Buddha Dharma. 

When he says Santa Claus doesn’t exist in an ultimate sense, he is relying on Madhyamaka analysis and its two primary doctrines of Emptiness and the Two Truths.  He says that the doctrine of Emptiness is that there is no subjective being and no objective thing (dharma) as both are mere empty categories, and the doctrine of the Two Truths is that there is the conventional truth that beings and things exist and the ultimate truth that in its Emptiness no being or thing exists. Foulk then goes on to say “Emptiness makes all language defective.” 

The limitations of this flawed dualistic analysis of the Two Truths are what led to the Yogacara analysis of the Three Natures or Three Truths.  In this analysis, there is a significant difference between an actual living dog and Santa Claus.   While both the dog and Santa Clause have the constructed nature of conventional truth, that is, the constructed images of identity based on language, only the dog has the interdependent nature that can be petted, can retrieve a ball, can lick its master’s face, etc., and Santa Claus doesn’t, and only the dog has the fulfilled nature of its Buddha nature and Santa Claus doesn’t.  In other words, the dog is a living being and Santa Claus is not. It is the evidence of Foulk’s entanglement in Madhyamaka philosophical scholasticism rather than Buddhist practice that he does not recognize this living distinction between a dog and Santa Claus and instead says, “there is no such thing as Santa Claus or a dog.” 

Based on this faulty analysis, Foulk then asserts that this view of Emptiness and the Two Truths is the underpinning of all of koan literature.  He says that since all language is defective because it can only convey conventional truth and never ultimate truth, that a hit or a blow is more appropriate than even saying “Wu” because even the word “Wu” is defective as it too is language.  In this shallow analysis, Foulk makes himself appear completely ignorant about how the “hit” is used to communicate various meanings or messages, none of which are usually a message that “language is defective.”  In other words, the “hit” presumes as its context the understanding that language is limited within the field of duality and that the hit is effective to get around the usual distractions of duality, but that is the presumption for the context of the message, not the message itself. Foulk loses this point completely.

Again, Foulk takes up another famous koan, again one with Zhaozhou as the protagonist, Zhaozhou’s Cypress Tree.  Foulk calls it the “Oak Tree in the Garden,” which, by the way, reveals that he is using the Japanese sources that call the tree an oak tree rather than the Chinese sources that call the tree a cypress tree. This koan, as I translate it, goes like this:



A monk asked Zhaozhou, “Like what was the intent of the ancestral founder coming from the west?”

Zhaozhou said, "The cypress tree in front of the hall.”



The “ancestral founder” is a reference to Bodhidharma who brought the Zen lineage to China in the East from India in the West. So the question translates into “What was the purpose of bringing Zen Buddhism to China?”  (Foulk unfortunately, misremembers this koan when he presents it and has it coming from Yunmen by mistake rather than Zhaozhou and he has the question as “What is Buddha?” rather than the question as above. Be that as it may, it doesn’t matter as far as Foulk’s wrong turn in understanding the koan.)

Foulk, then says, “When he is asked, ‘What is Buddha?’ how about saying ‘Santa Claus’?”  Like when he could not distinguish between the dog and Santa Claus, now Foulk is unable to distinguish between the living tree and Santa Claus.  This inability to differentiate between living breathing feeling sentient beings and myths on Foulk’s part must give us pause as this is the primary issue of the Bodhisattva path of Mahayana Buddhism.  . 

tTo Foulk “one of the tricks of koan rhetoric” is that if often uses metaphors and similes without using words like “like” or “as if” to indicate the presence of metaphor.  This is a bogus charge of the academic. No Zen practitioner worth his or her salt gets confused by such things.  Often, as the above example of the Cypress Tree shows, the word “like what” is often in the question, so there is no need for the reply to include it.  But even if the word “like” is not present there is no infirmity in the verbal exchange because it is not a rhetorical game relying on metaphor.  Foulk seems to completely misunderstand the use of metaphor in koans.  Yes the “Cypress Tree” can be seen as a metaphor, but that is only one aspect of it, and not even the main or central aspect.  More important, is the fact that the cypress tree is a living being actually present in its living appearance.  Again, this deconstructs Foulk’s “Two Truths” analysis, where all language is defective, in favor of the Zen preference for the “Buddha nature” analysis of living beings as expressions of living Suchness. 

It is at this turning point that Foulk misapprehends the point of koans.  Koans are not as Foulk states, teaching points about emptiness or the Two Truths based on the underpinning of seeing that ultimate truth is just the understanding of the limitations of language.  Koans are not about anything even remotely intellectual as that.  Koan work is within the context of recognizing that language is limited by its inherent duality, not by its inability to express ultimate truth. Koan work is about seeing through the limitations of the dualities that frame our views of reality and our lives, including the structural dualism of views such as doctrines of “the Two Truths.” 

In Foulk's view, koans are rhetorical games used for the purpose of teaching us the ultimate truth that language is defective. However, koans are not that at all. Koans are living expressions of teachers pulling out the nails and pegs of dualism that hold together our constructed realities.  Here, recognizing that language is limited is not the ultimate truth, but only the signpost that suggests we are going the wrong way in search of the ultimate truth that is our Buddha nature and own true suchness.  The point of koans is all about turning us around from grasping at externals based on our dualistic views, to turn the light of our own awareness around to see the source of awareness itself.  

This “turning around” is what I call the Buddha Treasure aspect of the koan.  The Dharma Treasure aspect is seeing how the koan relates and conveys an aspect of Buddhist teaching, and this Dharma Jewel aspect is often conveyed in metaphor as well as practical imagery and presence.  When Zhaozhou was asked what was the intent of Bodhidharma coming to China to convey the Zen lineage, his response of “The cypress tree in front of the hall,” was not a teaching about the emptiness of language like Santa Claus is empty, but about the living presence of a living tree in the living world before the hall.

In the metaphorical aspect, Zhaozhou was saying that as the tree gives shade and solace and beauty so does the practice of Zen.  He was saying, too, that this very tree and its actual location before that hall was the living realization of the purpose of Bodhidharma’s Zen lineage, not some conceptual idea as Foulk would have it about Two Truths or a fantasy that the existence and nonexistence of the cypress tree is equal to the existence and nonexistence of Santa Claus.. Zhaozhou’s response was leaping clear of that exact hot water of duality of existence and nonexistence that Dogen refers to in his essay Genjo Koan.  That which is the leaping clear of the dualistic framework of language is the Buddha aspect of complete unity and clarity that is in all koans, in both the question and response, and that is only found by the turning around that all the past Zen masters including Dogen emphasized in their practical teaching of zazen.

This turning around of paravrtti is at the heart of Dogen’s Zen just as it is at the heart of koan practice and is directly how he used koans in his literary efforts.  Everything that Dogen wrote that included koans was about confronting our own grasping at externals by affirming our dualistic frameworks and about turning around from that wrong practice.   Based on the paucity of the available records, none of us will ever know definitively how Dogen did or did not use koans in personal interviews or as meditation methods, but there are enough suggestions in his writings to confidently conclude that he used koans in both contexts of personal interviews and in meditation, at least to some degree.