Legalism is a popular—albeit quite inaccurate—designation of an intellectual current that gained considerable popularity in the latter half of the Warring States period (Zhanguo, 453–221 BCE). Legalists were political realists who sought to attain a “rich state with powerful army” and to ensure domestic stability in an age marked by intense inter- and intra-state competition. They believed that human beings—commoners and elites alike—will forever remain selfish and covetous of riches and fame, and one should not expect them to behave (...) morally. Rather, a viable sociopolitical system should allow individuals to pursue their selfish interests exclusively in ways that benefit the state, viz. agriculture and warfare; while a proper administrative system should allow officials to benefit from ranks and emoluments, but also prevent them from subverting the ruler’s power. Both systems are unconcerned with individual morality of the rulers and the ruled; rather they should be based on impersonal norms and standards: laws, administrative regulations, clearly defined rules of promotion and demotion, and the like. -/- Legalist thinkers contributed greatly to the formation of China’s empire both on the theoretical level and as political practitioners; and many of their ideas continued to be employed throughout China’s history. Yet their derisive views of moralizing discourse of their rivals, their haughty stance toward fellow intellectuals, and their pronouncedly anti-ministerial rhetoric all gained them immense dislike among the imperial literati. From China’s second imperial dynasty, the Han (206 BCE–220 CE) on, the prestige of Legalism declined; only a few texts associated with this current survived intact; and even in the modern period, notwithstanding sporadic outbursts of interest in Legalism, this current has not received adequate scholarly attention. (shrink)

Featuring contributions from the world's most highly esteemed Asian philosophy scholars, this important new encyclopedia covers the complex and increasingly influential field of Chinese thought, from earliest recorded times to the present day. Including coverage on the subject previously unavailable to English speakers, the _Encyclopedia_ sheds light on the extensive range of concepts, movements, philosophical works, and thinkers that populate the field. It includes a thorough survey of the history of Chinese philosophy; entries on all major (...) thinkers from Confucius to Mou Zongsan; essential topics such as aesthetics, moral philosophy, philosophy of government, and philosophy of literature; surveys of Confucianism in all historical periods and in key regions outside China; schools of thought such as Mohism, Legalism, and Chinese Buddhism; trends in contemporary Chinese philosophy, and more. (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)

Philosophical ideas of different schools such as Confucian, Taoist, Legalist, Mohist, Nominalist, Military Strategist, Yin and Yang, and Agriculturist in periods prior to the Qin Dynasty (221-202 B.C) are expounded and analyzed against their times in the book. Advantages and disadvantages of different theoretical functions are also investigated from a critical perspective. In addition, the book presents the authors'personal views on the category of Chinese philosophy and the relations between traditional Chinese thoughts and modern sciences.

This book analyses some of the seminal texts of the Chinese tradition and shows how they exemplify aspects of embodiment theory: the Analects of Confucius, the Zhuangzi, and the Treatise on Music. Margus Ott also develops far-reaching possibilities of an embodied philosophy. The embodied understanding did not go unchallenged in Ancient China. There were important counter-currents, most notably the Mohists and the so-called Legalists. By using embodiment theory Ott demonstrates how these ideas can be seen as a decontextualizing (...) tendency of thought that plays an important role in human affairs. (shrink)

The question of what makes a ‘law’ distinct from other kinds of rules and social norms – often called the project of ‘conceptual jurisprudence’ – gives rise to a classic debate in modern legal theory. The debate has historically centred on the competing Western views of (i) natural law theory and (ii) legal positivism. Meanwhile, the ancient Chinese school of thought known as ‘Legalism’ (法家) has remained an under-explored branch of Eastern philosophy, despite its many insights into (...) the nature of government and legal systems. This paper argues that Legalism, when interpreted as a system of conceptual jurisprudence, offers a genuine alternative to both of the dominant Western theories. It achieves this by invoking normative reasoning to conceptually distinguish ‘laws’ from other sorts of rules at the most fundamental level of analysis, but also by doing so without any necessary reference to notions of morality. This unique characteristic of Legalism is introduced in this paper as ‘form prudentialism’. (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)

‘Legalism’ is a term that has long been used to categorize a group of early Chinese philosophers including, but not limited to, Han Fei (Han Feizi), Shen Dao, Shen Buhai, and Shang Yang. However, the usefulness of this term has been contested for nearly as long. This essay has the goal of introducing the idea of ‘Legalism’ and laying out aspects of the political thought of Han Fei, the most prominent of these thinkers. In this essay, I (...) first lay out how the term Legalism could be useful and what would be necessary in order for it to serve that use. I then turn to an investigation of certain aspects of the most prominent Legalist philosopher, Han Fei, that is quite important for understanding his philosophy and situating him in the context of the early Chinese philosophical milieu. In particular, I focus on an analysis of Han Fei's conception of the Way (dao), arguing that features of his philosophy most often discussed, namely, his advocacy of law (fa), administrative techniques (shu), and positional power (shi), arise out of his conception of a cosmic Way. I then turn to Han Fei's understanding of the role of history, demonstrating how it differs radically from the views of his contemporaries, raising serious challenges to Confucian, Daoist, and Mohist conceptions of history. (shrink)

"Chinese philosophy before our Christian era is emphasized in this nontechnical summary of Chinese thought. Professor Creel also deals with Confucianism, the ideas of Mo-tsu and Mencius, Taoism, Legalism, and their variations and adaptations. As an introduction for the general reader, this book stands among the best."—_China: A Resource and Curriculum Guide_ "There exists nowhere else such a well-written presentation of the main trends in Chinese thought in so brief a space. The text is not (...) cluttered with Chinese names and the pages are not weighed down with footnotes—but the references are there for those who want them, with suggestions for further readings. This is a book which can be understood by those who have never read anything else about China."—_The New York Times Book Review _. (shrink)

Chris Fraser presents a rich and broad-ranging study of the culminating period of classical Chinese philosophy, the third century BC. He offers novel and informative perspectives on Confucianism, Daoism, Mohism, Legalism, and other movements in early Chinese thought while also delving into neglected texts such as the Guanzi, Lu's Annals, and the Zhuangzi 'outer' chapters, restoring them to their prominent place in the history of philosophy. Fraser organizes the history of Chinese thought topically, devoting (...) separate chapters to metaphysics and metaethics, political philosophy, ethics, moral psychology, epistemology, and philosophy of language and logic. Focused specifically on the last century of the Warring States era, arguably the most vibrant, diverse period of philosophical discourse in Chinese history, the discussion covers the shared concerns, rival doctrines, and competing criticisms presented in third-century BC sources. Fraser explicates the distinctive issues, conceptual frameworks, and background assumptions of classical Chinese thought. He aims to introduce the philosophical discourse of early China to a broad audience, including readers with no prior familiarity with the material. At the same time, the thematic treatment and incisive interpretations of individual texts will be of interest to students and specialists in the field. (shrink)

This book rewrites the story of classical Chinese philosophy, which has always been considered the single most creative and vibrant chapter in the history of Chinese philosophy. Works attributed to Confucius, Mozi, Mencius, Laozi, Zhuangzi, Xunzi, Han Feizi and many others represent the very origins of moral and political thinking in China. As testimony to their enduring stature, in recent decades many Chinese intellectuals, and even leading politicians, have turned to those classics, especially Confucian texts, (...) for alternative or complementary sources of moral authority and political legitimacy. Therefore, philosophical inquiries into core normative values embedded in those classical texts are crucial to the ongoing scholarly discussion about China as China turns more culturally inward. It can also contribute to the spirited contemporary debate about the nature of philosophical reasoning, especially in the non-Western traditions. -/- This book offers a new narrative and interpretative framework about the origins of moral-political philosophy that tracks how the three normative values, humaneness, justice, and personal freedom, were formulated, reformulated, and contested by early Chinese philosophers in their effort to negotiate the relationship among three distinct domains, the personal, the familial, and the political. Such efforts took place as those thinkers were reimagining a new moral-political order, debating its guiding norms, and exploring possible sources within the context of an evolving understanding of Heaven and its relationship with the humans. Tao Jiang argues that the competing visions in that debate can be characterized as a contestation between partialist humaneness and impartialist justice as the guiding norm for the newly imagined moral-political order, with the Confucians, the Mohists, the Laoists, and the so-called fajia thinkers being the major participants, constituting the mainstream philosophical project during this period. Thinkers lined up differently along the justice-humaneness spectrum with earlier ones maintaining some continuity between the two normative values (or at least trying to accommodate both to some extent) while later ones leaning more toward their exclusivity in the political/public domain. Zhuangzi and the Zhuangists were the outliers of the mainstream moral-political debate who rejected the very parameter of humaneness versus justice in that discourse. They were a lone voice advocating personal freedom, but the Zhuangist expressions of freedom were self-restricted to the margins of the political world and the interiority of one's heartmind. Such a take can shed new light on how the Zhuangist approach to personal freedom would profoundly impact the development of this idea in pre-modern Chinese political and intellectual history. (shrink)

This ambitious book examines the notion of legal transparency from a unique cultural and historical perspective. Drawing from their combined academic and practical experience with both Chinese and Western legal traditions, authors John Head and Xing Lijuan explore how an intense debate — pitting legal transparency against legal opaqueness — unfolded in dynastic Chinese law, which began in the dark mists of history and ended formally just over a hundred years ago. They rely on a wide range of (...) both Western and Chinese sources to explain how that great debate was resolved in the early Han Dynasty (around the third century BCE) in a way that molded Chinese law into a sophisticated legal system that for roughly two millennia balanced definitiveness with vagueness, predictability with flexibility, and egalitarianism with privilege — and that reflected cultural values still resonating in China today. Legal Transparency in Dynastic China presents a clear narrative that assumes no prior expertise in Chinese law or history, and it caters to readers interested in issues of good governance, comparative studies, China, history, and law. The book begins by defining “legal transparency” and explaining where it fits into the larger context of the transparency-in-government movement that has gained such momentum in recent years, especially at the urging of Western powers. Then the book explains the fundamentally different values espoused by early Confucianists, for whom society is best governed not through written law but through the exemplary behavior of a highly educated, virtuous, and enlightened elite. After tracing the political and ideological challenges that the Confucianists faced from the Legalists, Head and Xing examine the compromise that resulted in the so-called “Confucianization of the Law” around 200 BCE. They then show how that alloy of competing ideologies characterized Chinese dynastic law for many centuries, resulting in what some would consider the most enduring and effective legal system in human history. (shrink)

Resumen: El confucianismo y el legalismo no sólo son las dos escuelas ideológicas más influyentes de la China anterior a Qin, sino también las principales escuelas de pensamiento de la historia intelectual de la antigua China. Esto se debe a su respectiva naturaleza social y a sus valores políticos contrapuestos. En el confucianismo anterior a Qin, arraigado en la creencia en la bondad innata de la naturaleza humana, se hace mucho hincapié en la importancia de las tradiciones históricas. Promueve valores (...) como la benevolencia, la rectitud, el decoro y la sabiduría, y trata de redefinir el “rito” incorporando nuevos valores. Concede gran importancia al imperio de la virtud y aspira a alcanzar un estado de Armonía Universal. El Legalismo Pre-Qin, impulsado por la inherente inclinación humana hacia el interés propio y el beneficio personal, formula una filosofía de gobierno basada en el utilitarismo. Prioriza el presente y aboga por profundas transformaciones mediante la aplicación de una “ley” estricta para alcanzar la prosperidad nacional y la fuerza militar. Como resultado, la antigua China formó diferentes tradiciones del imperio de la virtud y la ley, sentando las bases de la naturaleza complementaria del confucianismo y el legalismo. Este artículo analiza los factores de diferenciación y el proceso de integración en la filosofía política confuciana y legalista, con el objetivo de aportar ideas para la construcción de los sistemas filosóficos políticos contemporáneos. (shrink)

The Rule of law often is considered to be a criterion for legal positivistic thinking. According to this maxim: can the Chinese Legalistic thinking of Shang Yang and Han Fei be considered as a sort of Legal Positivism? There are many positions shared by both, like the idea of a positive law or the binding character of the law despite of person and sympathies or even the concept of the law as a system. There is, however a important difference (...) between them: legal positivism can be best described as “rule of the law” whereas Legalism best fits the idea of “rule by the law”, since there were no secondary rules stating how the legislator had to make the law. On the other hand, the strongest approach to draw a parallel between both is the commonly shared concept of realism of the law as social construction. (shrink)

He (和), or harmony, has traditionally been a central concept in Chinese thought, and to this day continues to shape the way in which people in China and East Asia think about ethics and politics. Yet, there is no systematic and comprehensive introduction of harmony as has been variously articulated in different Chinese schools. This edited volume aims to fill this gap. The individual contributions elaborate the conceptions of harmony as these were exemplified in central Chinese schools (...) of thought, including Daoism, Confucianism, Legalism, Mohism, Buddhism, and trace their impact on contemporary Chinese philosophy. The volume explores the various meanings and implications of harmony so as to consider its relevance as a value and virtue in the modern world. It provides an accessible but substantial introductory work for readers interested in learning about pertinent core concepts and theories in Chinese thought, as well as engages specialists in Chinese philosophy by explicating its implications for ethical, political, epistemological, and metaphysical reflection as the basic point of reference. (shrink)

This book offers the first comprehensive analysis of warfare ethics in early China as well as its subsequent development. Chinese attitudes toward war are rich and nuanced, ranging across amoral realism, defensive just war, humanitarian intervention, and mournful skepticism. Covering the five major intellectual traditions in the "golden age" of Chinese civilization: Confucian, Daoist, Mohist, Legalist, and Military Strategy schools, the book's chapters immerse readers in the proper historical contexts, examine the moral concerns in the classical texts on (...) their own terms, reframe those concerns in contemporary ethical idioms, and forge a critical dialogue between the past and the present. The volume develops fresh moral interpretations of classical texts such as The Art of War, Mencius, Xunzi, Mozi, and the Daodejing and discusses famous philosophers such as Han Fei and Wang Yang-ming, representing antithetical schools of thought about warfare. Attention is also given to the military ethics of the People's Liberation Army, examining its thinking against the backdrop of its own civilizational context. This book will be of much interest to students of just war theory, Chinese politics, ethics, and philosophy, military studies, and International Relations in general. (shrink)

This anthology consists of a wealth of selections from pre-Confucian literature to Han Fei Tzu’s legalistic writings. Ample space is given to pre-Confucian classes to display the background of Confucius and Chinese philosophical thought. The selections are made from the point of view of a political philosopher. Major thinkers are well represented. Each selection is preceded by a brief general introduction. The editor succeeds well in presenting the spectrum and rich variety of classical Chinese philosophy. Explanatory notes (...) are on the whole quite helpful to students, so also is the bibliography for further readings. For the students of Chinese philosophy, however, this anthology is no substitute for W. T. Chan’s Source Book in Chinese Philosophy. For students of political thought this anthology could increase its value had the editor written a longer introduction dealing with the intimate connection of Chinese ethics and politics and the underlying conception of man in relation to the cosmos.—A.S.C. (shrink)

Confucianism and Legalism are two schools of Chinese philosophy. This chapter explores contrasts between Confucian and Legalist visions of the nation, the family, and the soul through Zuko's journey. It covers the tension between the legacies of his two great‐grandfathers, Sozin and Roku, and shows that the battle within Zuko and the royal family is at root a philosophical struggle between these two differing philosophical visions. Finally, the chapter addresses that Zuko's battle within reflects something true about (...) human nature that the Legalists and the Confucians partly grasped, and which one twentieth‐century villain‐turned‐hero, Aleksandr Solzhenitsyn, helps clarify. The Legalists emphasized natural tendencies toward evil. Zuko's story suggests that both schools point to something true in human nature, that human beings have the natural capacity for both good and evil, and that it is all too human to be deceived by evil masquerading as good. (shrink)

Han Fei (around 280 to 233 B.C.) advocates a strong and orderly state based on the absolute authority of the state and the law. Han Fei is usually not associated with human rights. His philosophy is difficult to reconcile with civil and political human rights, even if some of his political concepts support the realization of certain human rights. However, Han Fei’s ideas help us to gain a better understanding of the People’s Republic of China’s official human rights narrative. (...) The PRC emphasizes collective social and economic human rights, views the authority of the Communist Party as a prerequisite for the realization of human rights, and advocates rule by law, i.e. using the law as a tool of governance. This largely conforms to Han Fei‘s views on the role of the authority of the state and the law, and the relationship between the government and its citizens. (shrink)

Even among those who work in the field of early Chinese philosophy,the name Shen Dao (慎到, ca. 360–285 BCe) rarely calls to mind much of interest, and what it does call up are often simply depictions of him in several of the more famous texts of the time: in the Han Feizi as an advocate of positional power; in the Xunzi as being blinded by a focus on laws; or in the Zhuangzi as one who wished to discard (...) knowledge. Few through the centuries have attempted to examine his philosophical thought in detail, in part because no complete edition of his work has existed since at least the tenth century. Fragments of the work attributed to Shen Dao do, however, still exist, and by examining them we can begin to piece together an understanding of his political philosophy. In doing so, we come to the realization that Shen Dao's ideas are important not only historically but also merit attention from those engaged in constructive political philosophy. In his historical context, Shen Dao was one of the first political thinkers openly to question the tight connection between ethics and politics that was assumed by a range of thinkers in the Confucian and Mohist traditions. In particular, he provides a range of arguments against the state relying on the moral cultivation of even some of its members, focusing not on changing or developing the innate tendencies of human beings but rather on working with the natures humans initially have. (shrink)

In general, Confucians have taken a dim view of the law. They have felt warranted in this view by a reading of Confucius’ Analects 2.3 in which the Master apparently disparages law-centered governance. Two great Confucian philosophers, however, Zhu Xi and Jeong Yakyong (widely known by his pen name, Dasan), view the role of law in society differently. Like all Confucians, they teach the cultivation of virtue, but alongside building social harmony through ritual and good character, these two philosophers perceive (...) that social order also requires the penal law. In this paper, I argue that Zhu Xi and Dasan, and Dasan in particular, follow the evidentiary lead of the classical Chinese philosopher Mozi to support their legal philosophy. Mozi offered three standards for establishing truth claims: empirical evidence from common life, authoritative evidence, and evidence of outcomes. Mozi’s empirical standard takes evidence of common life from what ordinary people have seen. Zhu Xi and Dasan take the evidence of common life, not from what the people have seen, but from common understandings contained in the written language. They use this approach to arrive at a different understanding of Analects 2.3 than other Confucians, one that relates the content of that passage to Analects 12.17. They interpret the passage on a philological basis that supports the presence of penal law from a perspective of ordinary life. For authoritative evidence, Zhu Xi and Dasan like Mozi appeal to the authority of the ancient sages, who register their support for penal law. Dasan also follows Mozi’s evidentiary lead in the evidence of outcomes by fully developing a consequential picture of how the absence of law detrimentally affects society. On this point, Dasan establishes a new and revolutionary legal outlook that differs from that of Zhu Xi. I show Dasan taking lessons from the classical Legalists to arrive at this position warranted by the evidence of outcomes. Having satisfied the three evidentiary standards, Dasan thus establishes the importance of the penal law from a Confucian perspective. (shrink)

The Five Relationships are commonly held to be fundamental to Confucian thought and, according to some scholars, constitute the basis of all human relationships. This essay examines how the ruler-minister relationship served as a site over a debate about the political importance of virtue in early Chinese philosophy. Some early texts, including the Confucian texts Mengzi and Xunzi, argue that virtue confers a different status that rulers should recognize by treating the virtuous as equals or even superiors. In (...) particular, these texts claim that teachers and worthies are not ministers, and thus do not fit the rulerminister paradigm. Other texts, such as the Han Feizi and Guanzi, argue against this position, denying that virtue is relevant to political status. They claim that the ruler is superior to all, and that it is dangerous to grant special status based on moral qualities. The texts that adhere most closely to the Five Relationships are actually those considered Legalist, not Confucian. Thus, reexamining the Five Relationships is a way to throw light on the contested status of the morally worthy in early Chinese social and political thought. (shrink)

This book traces ideological trends in China through a range of historical and comparative perspectives, spanning the ancient belief systems of Confucianism, Legalism, and Taoism to political ideologies of the present day. Chapters in this edited volume are divided into four parts: traditional Chinese ideology, ideology of the Republic, Maoism as an ideology and post Mao ideology, zoning in on specific historical periods from the Qing and Republic periods to the reform era, as well as the period after (...) the founding of the PRC - through which Mao Zedong's political thought is notably discussed from the perspective of epistemology and the global impact of Maoism. Key topics include Sun Yat-sen as the Father of the Republic, Li Dazhao, the early Marxist theoretician, Chiang Kai-shek and his nationalist Fascism, Liang Qichao's emotional appeals through liberal political discourse, Jiang Zemin's theory of 'Three Represents' de-emphasising the Marxist concept of class, Hu Jintao's theory of 'Harmonious Society' and Xi Jinping's political thought. Contributions from world-leading scholars take both comparative and critical approaches, examining not only how studies of ideology are relevant, but how Chinese ideologies have retained their own characteristics distinct to the West. As the first comprehensive study of this subject in the English language, Chinese Ideologywill appeal to students and scholars of philosophy, political science, history, and Asian studies more broadly. (shrink)

法学是春秋战国时期的一个主要学派。“法者,编著之图藉, 设之于官府, 而布之于百姓者也。”法家主张法、术、势的结合。法、指法律制度 ; 术, 指君王驾御群臣、掌握政权、推行法令的政策和手段 ; 势 ; 指君王的权势.

Ben shu jie shao le gong zi zhen, wei yuan, yan fu, kang you wei, tan si tong, liang qi chao, chen tian hua, zhang bing lin deng wan qing si xiang jia de zhe xue si xiang.

One of the basic ways of distinguishing the several “schools” of Chinese thought, especially during the classical period (sixth to third centuries bce), is by their differing views of the ideal state or society. No formidable cultural barriers need to be breached in order to understand these several views, but they do not have close Western philosophical analogues. They are put forth within a conception of the universe that is uniquely Chinese, and both the grammar and the style(s) (...) of discourse describing these views are similarly unique. Some preliminary comments are therefore in order. (shrink)