Q: Han Fei Zi was known for synthesizing and refining the legalist theories and practices that had been developed before him. Explain his views on law, statecraft and power. Comment on the fundamental differences between Legalism and Confucianism.
Han Fei Tzu:
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. As aforementioned, Legalism was at the forefront of philosophical discourse during the Warring States Period. The Warring States Period was a time of both immense growth and conflict, as the remaining seven states fought over the dominance of China. Although through much of the Warring States Period, the Zhou Dynasty claimed dominance over China, by the end of the two-hundred and twenty-five year long period, the Kingdom of Qin emerged victorious. While much of the Warring States Period consisted of warfare, the era also saw the spread of philosophical ideas throughout
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
Before Shi Huangdi was the ruler of the Qin state, China was in utter chaos. At that time the states of the Autumn and Spring Period were having conflicts with the other Chinese states. This time of independence and war against the states was called the Warring States period. Seven major states tested their strength with the others; the states would be: the Han, Wei, Zhao, Qi, Chu, Yan, and Qin. During this time, all tried to overcome the enemy in order to expand their territory.
during the Zhou Dynasty, China was experiencing a great deal of political turmoil. A major part of this era was called the Period of the Warring States. It was a time when there were numerous wars that occurred due to the conflict that existed between seven states. (Watkins, 2013) These warring states were the Han, Wu, Zhao, Chu, Qi, Yan and Jin. According to Jerry H. Bentley and Herbert F. Ziegler of the book Traditions and Encounters, “This period forced some people to reflect on the nature of society, and the roles of humans beings within society.” The authors continued saying that it forced others to “identify principles that would restore political and social order.” (Bentley & Ziegler, 2011) The principles of Confucianism were established and followed in order to help the citizens of China to live and govern their communities more efficiently. Through Confucianism, Confucius helped legitimize China’s rule and bring about order in the mist of turmoil. The effects of Confucius’ principles are still seen and felt today in many aspects of modern day Chinese society. Veritably, there were points throughout Chinese history where Confucianism affected almost every aspect of life in China. Confucius has impacted the development of Chinese thought and culture in various ways from education to politics, to familial relationships.
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
Legalists are in favor of an authoritarian state that is ruled by force. It claims that the supreme ruler is much more important than the ruled and that individuals must conform to standards of the authority. During the Qin Dynasty, which ruled China from 221 B.C.E. to 207 B.C.E, Qin Shi Huangdi was able to unite China after the Warring States Period by adopting legalism as a ruling philosophy. “Qin Shi Huangdi was a brutal ruler of China, but effective
Three areas of philosophy emerged amidst the chaos and constant warring of the Zhou era. The three were called Confucianism, Daoism, and legalism. They were Chinese philosophies that were thought to be the best ways to rule and achieve order in the society. Confucianism believed that a ruler 's job was to set a good example, and not order. Since people were thought of as naturally good, they would following the right path based on their own conscience. Legalism was a more harsh way of ruling, led by Hanfeizi. They thought people were evil, and needed strict laws and punishment to keep them in line. Daoism was very different from either of the other two. It was led by Laozi, who taught that the best kind of government was one who governed
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.
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
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.
Both dynasty’s expanded their previous borders to greater the strength of the state since the size of a dynasty’s land was directly proportional to the power of the dynasty. The warring states period started out with every state constantly fighting each other in order to conquer land. One of the warring states was the state of Qin, of which used impressive military tactics to progressively helped them conquer more land. Eventually the state of Qin took over the other warring states and united them as a whole, therefore creating an empire. After the amalgamation of the seven warring states, one single government was established to rule the entire domain. Under its new strict rules and draconian policies, the empire consolidated and led to an avant-garde: flourishing in art, literature, transportation and weaponry, which proves the power of a unified empire. One source stated that after the unification of the seven warring states, the Qin became so dominant and advanced that “iron tools and weapons
The central idea of legalism was to provide absolute power to the person in charge and the supremacy of authority. Legalists like Han Fei Zi
The unification of China was under the dynasties Qin and Han. There were formed schools of thought called Confucians, Daoists, and Legalists. These school of thoughts worked to bring political and social stability to China during the rule of the late Zhou dynasty which were chaotic years. Legalist principles and imposed centralized imperial rule were adopted by rulers of the Qin and Han dynasties. Political stability was the foundation of economic prosperity for the Han dynasty. There was a search of political and social order, unification of China, and a transition from economic prosperity to social disorder.
In Chinese history, there were three main philosophies: Confucianism, Taoism, and Legalism. These beliefs helped shape Chinese culture as well as Chinese history. Not only did people believe in these ideas, but the three helped to govern the mighty Chinese dynasties. These dynasties all provided an impact to each doctrine; the philosophy that had the greatest impact was legalism because it ended the Warring States Period, provided structure, and strengthened agriculture, and the military of China. Although Confucianism, Taoism and Legalism had a few things in common and at times tried to resolve the same problem, they were very different from each other in their beliefs, character, and ways of life.