Chinese Legalism, Misc

This chapter focuses on a particular strand of thought in classical Chinese political theory that has often come under the umbrella of the term “Legalism,” a translation of the Chinese term fajia法家. While its exact boundaries vary, depending on who is using the term the Han Shu, lists the works of Shen Buhai 申不害, Shang Yang 商鞅, Shen Dao 慎到, and Han Fei 韓非 under the fajia label, though it was compiled several hundred years after their deaths. My primary goal (...) here is to examine strands of what we might think of as political realism in the early Chinese traditions. While they certainly do not speak with one voice, the texts and fragments that purport to record the ideas of Shen Buhai, Shen Dao, Shang Yang, and Han Fei do share an approach to political theorizing. They all seem to take the strength and security of the state as foundational and all else to be instrumentally valuable insofar as it benefits this goal. Furthermore, they share similar, though not identical, conceptions both of the content of human dispositions and the plausibility of altering these dispositions. They also all see their task as in part to develop a set of tools that will allow them to create a system that can reliably ensure the safety, stability, and strength of the state without having to depend on the ruler possessing particular traits or characteristics. in doing so, these thinkers diverge a range of morally infused trends in early Chinese political theory to develop what they all argue is a more achievable political methodology rooted in the realities of the limitations placed upon us by the world around us and our own dispositions. (shrink)

This chapter argues that the _Shenzi Fragments_, _Shangjunshu_, and _Han Feizi_ all contend that, from the perspective of creating and maintaining political order, the most effective method is for the state to employ the already existing motivations of those over whom it rules. Once human motivations are understood, it becomes a relatively simple task to channel those motivations to get people to act in ways that the state wishes. Implicit in this claim are at least two other commitments: 1) whatever (...) the content of human motivations, this content is sufficiently similar across all human beings that the methods employed to channel it need not vary person by person and 2) human motivations are fairly stable, and their content does not shift in any appreciable way over time. Whether these texts think it is possible to change such motivations, is less clear, though they all argue that attempts to do so at the political level will lead to disaster. While important differences arise amongst these three texts, they are most often differences in focus and detail. (shrink)

This chapter examines a variety of discussions in the Shenzi Fragments that might lead one to think that there is some sort of morality undergirding its political philosophy including: 1) positive references to conventional virtues, 2) an advocacy of according with the overarching Way, and 3) the development of a form of state consequentialism. While it would be possible to construct moral reasons in support of each of these three positions, the Shenzi Fragments does not do so. Rather, as this (...) chapter argues, the justification of each of these positions arises from practical considerations of political order. The normativity at work, then is political in nature, rather than moral. (shrink)

While most discussions of political realism in the West draw their inspiration from thinkers such as Thucydides, Machiavelli, and Hobbes, they were far from the only political theorists developing such an approach. Rather, we see realist approaches to politics not only in a vast array of European thinkers throughout history, but also in a diverse range of non-European traditions. One such thinker, whose ideas have largely been lost to the contemporary world, was the Chinese philosopher Shen Dao, who focuses on (...) the sources of political resentment and the necessity of eliminating them as a prerequisite to a strong and stable society and state. This essay develops Shen Dao’s argument that resentment arises not merely when people’s desires are not fulfilled, but rather when there was an expectation that they could have been fulfilled and works to demonstrate how he envisions eliminating sources of resentment in the political sphere. In doing so, this essay engages with much more prevalent Confucian views, demonstrating that Shen Dao presents a trenchant criticism of one of the very bases of Confucian political philosophy and, indeed, any political theory that develops itself from moral foundations. (shrink)

What is Chinese Realism and how to update its research program? Realism analyses the world as it is – not as it should be. Realists, then, propose dealing with actual, real-world problems using actual, real-world instruments, such as incentives, rewards, and punishments. Once a major power in classical Chinese philosophy, Realism, or Legalism, fell out of favor early on in Chinese history. Its ideas, however, remain alive and powerful. This edited volume shows that many of the Legalist recipes for creating (...) strength, security, and order can still be applied today. Whether in international relations or corporate ethics, whether in the organization of the public sector or in the role that bureaucrats and politicians play, Realism offers unique ways of aligning these inherently particularistic actions with the broader common good. (shrink)

This comprehensive introductory textbook to early Chinese philosophy covers a range of philosophical traditions which arose during the Spring and Autumn and Warring States periods in China, including Confucianism, Mohism, Daoism, and Legalism. It considers concepts, themes and argumentative methods of early Chinese philosophy and follows the development of some ideas in subsequent periods, including the introduction of Buddhism into China. The book examines key issues and debates in early Chinese philosophy, cross-influences between its traditions and interpretations by scholars up (...) to the present day. The discussion draws upon both primary texts and secondary sources, and there are suggestions for further reading. This will be an invaluable guide for all who are interested in the foundations of Chinese philosophy and its richness and continuing relevance. (shrink)

EDITOR’S ABSTRACTThis article argues that Shang Yang’s philosophy of law was not only a means to enrich the state and strengthen its army, but also envisioned the orderly rule of all All-under-Heaven. Through a fair, universal, and reliable use of rewards, punishments, and also teaching, this vision of laws could ultimately lead to the promotion of moral values, popular consensus, and people’s self-governance. While the authors admit that in Shang Yang’s own historical context, law was no more than a tool (...) used by the ruler to suppress his people, potentially his ideas could contribute to a future Chinese society fully ruled by law and morality, and inspired by the rule of law. (shrink)

Area specialists and others have criticized the rational choice approach to political analysis as culture-bound, reflecting a modern western ethnocentric perspective. A study of the Han Feizi, the main text of the classic Chinese Legalist school, shows that the approach applies in cultural contexts greatly different from the contemporary west, and that it can be used to analyze not simply democratic politics but also the politics of despotism. The Han Feizi also makes clear, however, that rationality cannot be understood in (...) the abstract, but only in the context of what the text calls the shi (roughly, “circumstances”). The more useful forms of political analysis are not restricted to a reconstruction of what is rational, but trace out the characteristics of the shi—the political, historical, cultural, and psychological context conditioning action and defining, at least in part, what constitutes rationality. (shrink)

This book provides a timely analysis of the politics, philosophy, and history of Chinese power, focusing on social, strategic, and diplomatic trends that have shaped China for over three thousand years. Chinese elites have used the past to inform the present, but have also mobilized new ideas to address the country’s rapid transition to global power. China’s intellectual world can draw on a surprisingly pluralist legacy. When Chinese thinkers assess "power," they bring to bear their classical legacy, the military classics, (...) Chinese socialism, and Western political thought. There are also a number of intriguing formulations that give shape to the exercise of Chinese power. Among these are comprehensive national strength, stability preservation, soft power, asymmetric conflict, and counter-intervention strategies. This book looks at key periods in Chinese history when attitudes to power evolved and at their current expressions. These include China’s expanded use of think tanks to chart the future, efforts at creating an eco-civilization to balance growth, and an extended set of security and information capabilities. From observing the centrality of power in today’s international affairs, the book moves to the foundational concepts of Chinese governance: its belief in a strategic configuration of power - as understood in military contexts - as well as its growing diplomatic and maritime engagement abroad. This analysis culminates in new ideas of functional multipolarity. Power is also deployed internally: China’s use of nationalism as a major tool for state-building and cohesion, the ongoing role of socialism, and the People’s Liberation Army are all examined in this light. China’s current strategic culture has shaped President Xi Jinping’s search for a new model of power for China in the twenty-first century, an endeavour that will have serious implications for the future global order. This book provides an alternative perspective on China’s trajectory towards a revised international system. (shrink)