Han Fei Legalism Analysis

Legalism was founded by Han Fei 280-233 Bce. Legalist proposed that humans beings were evil by nature. Legalists wanted a rigid system of laws and punishments. The law keeps people from doing wrong things. The ideal ruler would be a powerful, uncompassionate dictator. A legalist writer wrote “ To govern the state by law is to praise the right and blame the wrong”{Document 5}. A ruler should deal with his subjects by expecting them to obey and follow the laws of the

In China during 406-221 BCE, the battling states between the Zhou and the Han Dynasties? were in a state of governmental disorder. Although the era was in a disruptive state, it ushered in a cultural opening that left a long lasting imprint on the Chinese history. As a result, three major belief systems surfaced Confucianism, Daoism, and Legalism in an attempt to achieve a sense of political order in a disorder period. There are distinctions in the way each of the belief systems approached the many problems that plagued the Chinese society. First, all of the founders were contemporaries in China. As well as considered philosophies, who studied the future, and sat out to focus on the present rather than the past. In contrast, Confucianism, Daoism and Legalism established various paths in search of an optimistic future for the success of China. Second, both Legalism and Confucianism developed a social belief system, but are considered a religion. However, both Legalism and Confucianism purpose was to create an orderly society in the hopes of prosperity. In contrast, Daoism does

Legalism was very different from both Confucianism and Daoism because Legalism was the belief that people needed to be controlled because they were evil. Legalism is found in China and was founded by Han Feize. While it is unknown when Legalism was established, it is known that Han Feize was born in 280 B.C. so that gives a general time when legalism started. Legalism didn’t deal with much religious concerns but was more of a political philosophy instead. Citizens were seen to be responsible for actions of one another. A person who is considered guilty, their relatives and neighbors should be punished as well. This was a way to make sure that the laws are followed. The laws are strict with harsh punishments. People who spy on others and report anything that they do wrong to the authorities are thought to be doing right of the law. Both Legalism and Confucianism are belief systems within a group of people, not religions, and both are intended to lead to an orderly way of life, how they approach their teachings are complete opposed.

The idea of ruling a powerful government based on the principle of using two conflicting ideologies at the same time appeared foreign to most dynasties of early China. In early Chinese times, after the Period of the Warring States, two ideologies emerged: Legalism and Confucianism. Legalism stressed a strong central government that expressed harsh laws while Confucianism had a decentralized government, placing trust in conscientious and learned individuals to work together to solve political issues. These two schools of thought were in stark contrast to each other and, up until the Han dynasty, had never been combined with each other through government policy. The Qin dynasty, for example implemented a strict Legalist government while the

They want to emphasize individual virtuous behavior, both by the ruler and the ruled as well as highly recommending obedience and respect, “people should know their place, even under bad rulers.” Even the Han emperors decided to implement Confucius ideas after looking at their doctrine called The Analects. The book shows Confucian political value and social order which states that the aristocrats and the educated are of the highest degree, and then comes farmers, and finally, the merchants. Although both Confucianism and Legalism call for governmental hierarchy, Confucianism possessed an optimistic view of human potential while Legalists believe that a powerful government is necessary along with a carefully devised law rewarding for good deeds and punishing for bad

Additionally, there were other distinct viewpoints, such as the different prespectives of the authors. There were two different views, one was a philosopher’s viewpoint and another was a government official’s viewpoint. To begin with, the Han philosophers and government officials always had a positive perspective. For instance, in document three, it mentions “Later on, the pestle and the mortar were cleverly improved in such a way that the whole weight of the body could be used, thus increasing the efficiency ten times.” The Chinese appear to note that innovation is of extraordinary advantage; subsequently they’re continuously making technological advancements. This Philosopher had Confucian beliefs, which swayed his judgement because Confucianism

Additionally, literature was discouraged under Legalism because they were believed as poisons to the mind. The Legalists believed this way because not all the information in books contains the truth. Agriculture and war were promoted on the other hand, because it would carve a rich and powerful empire (Walker 39). Many argue that the harshness of Legalism caused the downfall of the Qin Dynasty. However, it was one of the main reasons by the Qin Dynasty stood as the strongest among the Chinese states and possibly in the world. The reason why is because harsh punishments encouraged good conduct and discipline. When this is brought upon, there will be more room to contribute to society and there will be fewer worries about crimes being committed. In addition, the conduct and discipline was a plus for the military. By doing what they are told, the military can execute their job perfectly. All in all, Legalism flourished the Qin Dynasty; it did not cause it to go downhill.

In Document 1, Persians boast about their military Powers’s and their superiority above all. In Document 2, the Greeks boast about their just democracy and their strong military. Next, in Document 4, King Ashoka highlights his system for medical aid and boasts that he has worked very hard for his people. Finally, in Document 6, the Romans boast about their extensive trading system and their free citizenship. In contrast, the Legalists and Confucians of China assert their political prowess by advising their rulers on how to effectively govern their people. The Legalists believe that a good ruler should rule with an iron fist and hand out strict punishments and rewards. The Confucians, however, believed that a good ruler should act as a compassionate example for his people. Nevertheless, both Confucians and Legalists used their advice for their rulers as a method to exert political power. Clearly, there were some differences in the way these civilizations exerted their political power, and this can be seen in the

For example, in Athens “the good life” for upper class citizens was defined by participation in government and obedience to the law. He was expected to be an active participant in politics and discussions on government affairs and to adhere to the laws above all. This expectation is clearly seen in Pericles’ famous funeral oration where he proclaims that the individual must be informed on political matters in order to be a good citizen (doc. 8) and in the “Dialogues of Crito,” where Socrates explains the significance of obeying the law over everything else, even over concerns of life and family (doc. 9). During the “Dialogues of Crito,” Socrates was just convicted for corrupting the youth of Athens and he is explaining to Crito why he shouldn’t run from Athens, because by staying he would be doing what is morally right. Likewise, the role of the individual in Han society (although different from Athens’) was equally well defined and they also expected that citizens adhere to their role and to the law. In Han China the emphasis was placed on the Confucian principle of filial piety and the supremacy of the family. Filial piety meant blind loyalty, respect and obedience to a Chinese citizens’ parents and ancestors and this concept was extended by the Han to include the

Rulers who were well versed in their philosophies ruled their kingdoms in harmony. In China, laws played a big role in the everyday society. Laws during that period was very harsh. If someone had broken one of the laws, they would have been punished harshly. That was what Legalism was like back then. According to Legalism, laws had to be revised and have harsh punishments in order “to wipe out evil deeds”(Document 6). In Hinduism, the sacred law of the caste system was to have have a different laws for each districts. According to Document 1, the most popular guilds were “teaching the Vedas for a Brahmin, protecting the people for a Kshatriya, and trade for a Vaisya.” The lower castes, such as the Untouchables, were looked down upon due to

Legalism during the Ch’in Dynasty had many important beliefs. To the Ch’in, Legalism was the right way of life. The only way of life. Legalism was a philosophy that was created by Han Feizi, a Chinese philosopher, in which the people believed that the government

Legalism is an ancient Chinese philosophy of administration that believes that humans are more inclined to do wrong than right because they are motivated entirely by self-interest. Shi Huangdi was the founder of the Qin dynasty. After conquering the seven kingdoms in ancient China, he halted the Warring States Period and took the throne as the first emperor of the unified Chinese nation. He ruled on the basis of Legalism. To prevent criticism of his rule, Shi Huangdi ordered that all books that seemed to be useless or against him be burned. This included all poetry from the Chou dynasty and all books written by Confucian scholars. The only books from previous eras that Shi Huangdi let off were the practical ones about medicine and farming. Focusing on the issue of media censorship, the current Chinese government governs in a similar way to the way Qin Shi Huangdi once governed. China still blocks and monitor citizens access to several social media services and shuts down media entertainment programs during government events. While some may see this as an extreme form of censorship, we must consider the fact that several other countries have similar policies in place.

Confucianism, Daoism, and Legalism, are three Chinese ideologies in Classic China that held influence on how society should be, how to achieve order and what made government strong. Anyone that was a practitioner of these three philosophies would have had no idea how the Roman Republic or Empire worked in those regards. It would not be surprising if a Confucian, a Daoist and a Legalist had praise and dislike for how Rome was ran.

The Qin dynasty was perhaps one of the most revolutionary governments in the ancient world, but not in the modern progressive connotation of that concept. The Qin Emperor, Shi Huangdi, and his court executed an unprecedented departure from the Confucian ideals of the Benevolent and unobtrusive ruler and established a much more autocratic and centralized government. This new method of rule and philosophic thought was known as Legalism, which surfaced as a response to a time of great political instability. Therefore, Legalism promoted values that opposed those championed by Confucian thought, such as decisiveness, a lack of trust, and severe punishment, qualities that are reflected in The Legalist Teachings. "Changing the Laws" in one such passage in this document that stresses the importance of acting with confidence stating how "those who hesitate to act accomplish nothing" ¨ (Ebrey, Legalist Teachings, pg. 32).

Secondly, Confucius viewed rules and laws as harmful. He argued that people led by laws and punishments will try to avoid punishment but lose the sense of shame. If they are led by virtue and guided by propriety, they will preserve their sense of shame and become good citizens5. He saw a country as an extended family and a ruler should take care of his citizens like a father would take care of his children. The ruler as the “father” would need to set a proper example for the right ethics to flow down5.