Transcript Legalism - asianstudies09

Legalism
The Philosophy that
United China
Co-Founders
Han Feizi
Was taught in Confucian tradition
Wrote the Han Feizi, the main book of Legalism
Died as a result of political duel in 233 B.C.
Shangzi (Gungsun Yang)
Traced China’s problems to overpopulation
Believed Warring States period stemmed from
lack of resources and strife
Strong government based on law would solve
problems
Three Components of
Legalism
1.
2.
3.
Fa (Law)
Shi (Legitimacy)
Shu (Arts of the Ruler)
Fa (The Law)
Legalist Criticisms
Rulers made laws when they came to power.
Purpose was to allow rulers to be “benevolent”
Really this meant laws could be enacted arbitrarily
and lead to corruption.
Solution
Legalism sought to make a public, written legal code.
This system would run the state, not the ruler.
Laws were enforced by strict rewards/ punishments.
Shi (Legitimacy of Rule)
Legalism puts emphasis on power of
the ruler not the person ruling.
Had a negative view of humanity.
Since there were few good people to
rule, a system needed to ensure that
average men could maintain order.
Position held power not the person.
Shu (Arts of the Ruler)
Morality and human nature are
irrelevant.
Benevolence is replaced by firm, strict
rule.
Disregard for the past unlike Taoism
and Confucianism--needed a system
that would work in the present.
Han Feizi Text
55 chapters
Some Taoist in theme
Inform ruler what pitfalls to avoid
System of rewards and punishments
Han Feizi Text (cont’d)
...rewards should be rich and certain so that the
people will be attracted by them; punishments should
be severe and definite so that the people will fear
them; and laws should be uniform and steadfast so
that the people will be familiar with them.
Consequently, the sovereign should show no
wavering in bestowing rewards and grant no pardon
in administering punishments, and he should add
honor to rewards and disgrace to punishments--when
this is done, then both the worthy and the unworthy
will want to exert themselves...
Legacy of Legalism
Unified China under the Qin (Ch’in) Dynasty
First major philosophy of this time to do so
Qin Dynasty only lasted 14 years
Legalism was brutally applied--forced labor, harsh
taxes, ruthless penalties-- and Chinese always
looked on it with distaste from a historical perspective
Han Dynasty adopted Confucianism as a reaction to
Legalism
Ideas of equality under the law, meritocracy did take
root later
Citations
Adapted from James Brightman KIS
Chinese Cultural Studies
http://academic.brooklyn.cuny.edu/core9/phalsall/texts/hanfei.html
accessed on 9/13/08