The Legalist philosophy asserted that society can only be maintained through strict laws and punishments in order to suppress the inherent evil in humanity. In addition to differing greatly from other notable Chinese philosophies such as Confucianism and Taoism in its regard for human nature and its ideals for enforcement of the law, Legalism itself has several tenets that its followers believe are essential to the maintenance of an empire. The philosopher Han Fei explores these aspects in his writings on Legalism. His writings rose to significance towards the demise of the Han Dynasty and as a result, Legalism prevailed as the leading philosophy of the Qin Dynasty that followed. If we assume the innate selfishness of human nature, as Han …show more content…
Rather than assuming the good in men and providing adequate education for all who are willing to serve the state in the case of Confucianism, and instead of encouraging withdrawal from hierarchical structure into nature like Daoism, Legalism makes use of strict legal codes and enforcement of such codes to dispel the evil of human nature. Han Fei Zu lays the groundwork for an orderly social and political structure to reroute the bad tendencies of humanity towards the betterment of the state.
The process for appointing rulers further works to suppress the selfishness of man by prescribing the lawful selection of leadership. In contrast with other methods of selecting leaders, such as Confucianism’s selection based on merit, and most other traditions of familial dynasties, Legalism establishes that leaders be selected through adherence to the law. It holds that the “intelligent sovereign makes the law select men and makes no arbitrary promotion himself.” (6 Let the Law Select Leaders) The law selects a leader instead of the arbitrary systems of divine approval already being used in theocracies such as Egypt where rulers claim relationships with the gods and made notable in East Asia Mandate of Heaven under the Zhou Dynasty. Obedience is not only the key to attaining political power, it is also a foundational
During the Warring Sates Period there were three main philosophies in china, that influenced their actions and way of thinking. The three perspectives were Confucianism, Daoism and Legalism. For each there was a social thoughts, political thoughts, ethical teachings, and a way of public life. These three philosophies where created because of the political fragmentation. (McKay,Pg.70)
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.
Although Daoism believes in modesty, and Confucianism emphasizes honesty, ruling a kingdom effectively during a time of turmoil requires sovereignty. Legalism is a system of pure power that demands restraint and discipline with an emphasis on strict laws. Daoism maintains the balance of nature and embrace harmony by utilizing “The Dao.” Confucianism highlights virtues and morality wanting people to become The Superior Man. For an East Asian Kingdom plagued by famine, war, and civil unrest, Legalism would bring order to the Kingdom by a centralized and powerful government, strict laws that govern the people, and once peace ensues, a secure economy.
Han Fei mentions, (Doc 4), how people would not know how to run a government, saying how people are ignorant if they believe governing should be about the approval of people. By saying this, he feels like that ideology is the reason why those people can not find a major role. Han Fei also mentions, (Doc 5), that legalism was established for the purpose to make sure that everyone would take the brunt of their punishment, even if they are in a higher social group, and anyone can get their rewards as low as the commoners. By having this with them, it established how the government would have harsh but fair laws that would affect
Life in the ancient kingdoms of China, India, and Greece were very different from those in modern society. Most of these kingdoms had different sets of rules that were believed to bring peace and harmony into everyday life. In Ancient China,there were three philosophies that were dominant in the region: Legalism, Daoism, and Confucianism. In ancient India, there were two philosophies that were practiced: Buddhism and Hinduism. In ancient Greece, Plato’s and Socrates’ philosophies were the ones that were respected the most. The ideal ruler was shaped due to the influences of classical philosophies of India, China, and Greece according to the enforcement of the laws, the relationship to the people, and the ideal qualities of the ruler.
Even a very strict, powerful government like a legalist government, cannot be maintained unless the ruler is not clouded up in fun or punishments. That’s why Confucianism was ideal over legalism. Overall, Confucianism was based off of humanity, which created peace by allowing people to do their
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.
Amidst the chaos of political instability and constant warring of the Zhou era, arose many intellectual thinkers that brought such a profound impact in the fields of politics, religion, and philosophy. Even to this day, their influence can be seen on the many matters of China. Confucianism became the paramount school of thinking and later significant philosophies such as Daoism and Legalism gained immense recognition as well. Each party had their own proposals for creating an idealistic political society where the many problems they faced in their everyday lives could be eliminated. All three approaches were very distinct but at the same time, they contained similarities as well. In my reasoning, I find that Confucianism and Daoism
In the years following the Zhou leaders, the Qin dynasty rose to power, taking control of the country and altering the manner in which it was ruled and which people lived. During the Qin reign, mandatory service in the military was instated. Once a boy was of age, he was required to serve in the military, pay land taxes and perform a yearly labor service. Shang Yang, the emperor, divided his people into groups. It was the responsibility of the groups to monitor each other and to turn in those who failed to comply. If they opted to turn a blind eye, and were caught, the entire group was punished. This method of ruling worked well. As an incentive for the people to comply, the Qin rulers adopted “legalism,” which is a school of thought that every person would have the same rights and opportunities, regardless of their heredity. No longer were the children of the privileged given special treatment. Even the ruler’s
After analyzing this document, I can conclude that Han Fei wants to make an argument for a society that is based upon laws where all people must follow them. Han Fei is trying to tell the readers of this document that the Way of Law is better than the Moral Way of life that the principles of Confucianism show. Evidence of
In this paper I will explore and provide my own insights on the shortcomings of both ideologies; how Legalism was more persuasive in getting people to accept their ideas and more effective as an ideology and how Confucianism lost out in both aspects.
Legalism is a very harsh governmental philosophy with strict laws and strict, brutal punishment to enforce the laws. Legalism became prevalent during the Qin Dynasty in China. Qin-Shih Huang as the first ruler of China was the man (emperor) who implemented this way of thinking. He was the first person to unify all eight states of China. Confucianism is really nothing like Legalism; Legalism resembles a dictatorship-like mindset, when Confucianism is freeing and respectful.
Legalism, is an ancient Chinese philosophy concerned with the art of rulership and the stability of the state. Along with hundreds of other philosophical schools, legalism emerged during the Warring States Period (453-422 BC), a time of intense political and intellectual turmoil. Unlike other schools of thought, legalism defined the strength of the state, through a system of punishments and rewards, propagated by common laws. Neither concerning itself with Confucian idealization of the past, or the morality of man, legalisms pragmatic system of governance, as best defined by Han Fei Zi, ended the hundreds of years of warfare and unified China.