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85-547: (Redirected from Legalists ) Legalism may refer to: [REDACTED] Look up legalism in Wiktionary, the free dictionary. Legalism (Chinese philosophy) , Chinese political philosophy based on the idea that a highly efficient and powerful government is the key to social order Legalism (Western philosophy) , a concept in Western jurisprudence Legalism (theology) ,

170-665: A "key element" in the "enlightened governance" of the purported former kings. Likely originating in the debates of the Neo- Mohists and school of names , although Liu Xiang (77–6BCE) lists Shen Buhai under Fajia , he still considered his doctrine to be that of Xing-Ming , or "form" and "name". Sima Qian claimed Shen Buhai and Han Fei as favoring it, but rooted in Huang-Lao Daoism. Described as holding outcomes accountable to claims , Sima Qian glosses Shen Buhai, Shang Yang and Han Fei under it; early connected with

255-549: A backdrop of the late Hann state 's struggles against the Qin, Chapter 43 likely led to an association of Shang Yang and Shen Buhai, presenting their ideas together. Taking Shang Yang as representative, Han Fei considered fa (standards) necessary, as including law, decrees, reward and punishment, as well as fa administrative standards as controlled by the ruler, representative of his own state's Shen Buhai. The latter he terms (shu) administrative Method or Technique, defined as examining

340-529: A changing with times paradigm, or one of timeliness , "dominated" the age. Pines takes Shang Yang and Han Fei's more specific view of history as an evolutionary process as contrasting. It might have influenced an end of history view expressed by the Qin dynasty , but would be a radical departure from the earlier ideas. Sinologist Hansen also once took the Dao of Shen Dao and Han Fei as aiming at what they took to be

425-471: A court of administrators likely based on Shen Buhai and Han Fei. But, Sima Qian's chapter concludes: The Way of Laozi esteemed emptiness, reacting to changes through non-action. Profound and subtle, his words are difficult to comprehend. Zhuangzi was unfettered by the Way and virtue, setting loose his discussions; yet his essentials go back to spontaneity. Master Shen (Buhai) treated the lowly as lowly, applying

510-572: A cruel official under the Emperor Wu of Han . Even by the Records own timeline, a purported Huang-Lao might have emerged in the academies some decades after Shen Buhai's death, likely preceding a consolidated Daodejing (Laozi) or Zhuangzi. Discussing an administrative Way of government, he is as lacking in later metaphysical conceptions of the Daoist Dao . But apart from Shang Yang,

595-675: A department of prisons, Fajia comes to mean something like Legalism, which contains Shang Yang and figures Sima Qian had described as Huang-Lao , as an early form of what would termed be Daoism. Fa standards would seem a major element of their philosophy, and by his own words, Sima Qian does favour Laozi and Zhuangzi over Shen Buhai and Han Fei . But it would be questionable if Sima Qian himself believed or intended that Shen Buhai , Shen Dao and Han Fei should go there, or he might have either used his father's categories, or at least discussed them alongside Shang Yang rather than Laozi and Zhuang Zhou . Giving Shang Yang his own individual chapter, he

680-546: A dividing line between them has never otherwise been entirely clear, and the other have been described them in syncretic, Daoistic terms. Termed "responsiveness through accommodation" by a commentary to the Shiji , Shen Buhai has ideas very similar to that of Non-action in the Guanzi , which was classed as Daoist long before it was classed as 'Legalist'. With Daosim poorly definable for the period, some western Sinologist modernly use

765-415: A historical cause of changing conditions", namely population growth, acknowledging that an underpopulated society only need moral ties. The Guanzi text sees punishment as unnecessary in ancient times with an abundance of resources, making it a question of poverty rather than human nature. Human nature is a Confucian issue. Graham otherwise considers the customs current of the time as having no significance to

850-727: A key role in the development of the merit system , and could be seen as its founder. With formative influence for the Qin and Chinese law, Shang Yang reformed the peripheral Qin state into a strongly centralized, powerful kingdom, ultimately unifying China in 221 BCE. Largely responsible for their synthesis as a school, the Han Feizi also contains some of the earliest commentaries on the Daodejing . Sun Tzu 's Art of War recommends Han Fei's concepts of power, technique, inaction, and impartiality, punishment and reward. One of Sima Tan 's (165–110 BCE) six schools of thought, Fajia refers to

935-481: A more " realist " anti-Confucian than Daoist interpretation of the Han Feizi, or for impartial laws and technique as purportedly bolstering the authority of a wu wei semi-inactive ruler. An interpretation of the Daodejing (Laozi) as simply cynically political would be flawed. Still, together with qigong , it can be viewed as a manual for politics and military strategy. In contrast to it's modern representation,

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1020-557: A negative view of fa laws, not much favoring "state activism in general". Sima Qian would seem to favor limitation of the bureaucracy, but argues from a standpoint that needs have changed with the times. One chapter of the Han Feizi criticizes "the doctrine of calmness and stillness", another "abstruse and subtle language". Despite appropriative usages, the Daoistic early Han Huainanzi does not endorse Shen Buhai, glossing him as penal alongside Shang Yang and Han Fei. Nonetheless, before

1105-464: A particular quotation from the Han Feizi as example: Sima Tan Sima Tan studied astronomy with Tang Du, the I Ching under Yang He, and Daoism under Master Huang. He was appointed to the office of Court Astronomer ( Chinese : 太史令 ; pinyin : tài shǐ lìng ) at age 25 in 140  BCE , a position which he held until his death. Although Sima Tan began writing the Records of

1190-490: A remote backwater to the west, Shang Yang 's reforms propelled the Qin state to power. But central China was likely not familiar with him or the Qin state's Book of Lord Shang 's until just before imperial unification, and similar ideas on power only develop late in the work. The late Xun Kuang is familiar with Shen Buhai , Shen Dao , and the Qin, but still seems unaware of Shang Yang. With evidence of direct influence lacking, Shen Buhai can speculatively be compared with

1275-429: A self-conscious current, it would have been more of a tendency than a unified doctrine, with early "Huang-Lao" Han dynasty administrators named by Sima Qian, like Cao Shen , taking a more "hands off" approach after the fall of the Qin dynasty. More political than a typical reading of the Daodejing (Laozi), rather than "using" the work for politics, 'Han Fei' may be reading from an older, more political version. With

1360-462: A sometimes pejorative term relating to a number of concepts in the Christian theological tradition Liberal legalism , a theory on the relationship between politics and law Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Legalism . If an internal link led you here, you may wish to change the link to point directly to

1445-640: A well known philosopher in his time from the Jixia Academy , the Mohists and Shen Dao are placed by the Outer Zhuangzi as preceding Zhuang Zhou and Laozi . Although likely not entirely accurate chronologically, Shen Dao does arguably bare resemblance to the earlier, Inner Zhuangzi. Early taking him as the Beginning of Daoist Theory , or Mature Daoism, Hansen still discusses him as part of

1530-625: Is spoken in Chapter 40 of the Han Feizi and incorporated into The Art of War . He only uses the term twice in his fragments. Before Sima Tan , doctrines were only identified by texts named after Masters (Zi), with Daojia narrowed down to basic examples of Laozi and Zhuangzi in the Han dynasty . Not forming large scale, organized schools in the sense of the Mohists and Confucians , their traditions formed loose networks of master and disciple in

1615-441: Is still built into the Han Feizi's Xing-ming administrative method. Its current is opposed with later, or otherwise more spiritual forms of Daoism as a practical state philosophy, not accepting a 'permanent way of statecraft', and applying the practice of wu wei or non-action more to the ruler than anyone else. Although there is no evidence that any follower of Zhuangzi called himself Huang-Lao , it contains three stories about

1700-444: Is to confer office in accordance with a candidate's capabilities; to hold achievement accountable to claim; and to examine the ability of the assembled ministers. This is controlled by the ruler." With Shen Buhai more conservatively surveying the ministers, their direct connection as a unified administrative function cannot be seen before Han Fei. Naming individuals to their roles as ministers (e.g. "Steward of Cloaks"), in contrast to

1785-490: Is to misunderstand the facts of the universe. In contrast to Xun Kuang as the classically purported teacher of Han Fei and Li Si, Han Fei does not believe that a tendency to disorder demonstrates that people are evil or unruly. In what A.C. Graham took to be a "highly literary fiction", as Pines recalls, the Book of Lord Shang's chapter 1, “Revising the laws,” opens with a debate held by Duke Xiao of Qin , seeking to "consider

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1870-488: Is traditionally included under it. The term "Huang-Lao" might be retrospective, and the Han Feizi's Daodejing commentaries chapters may be late additions. But the latter would seem to accurately describe the syncretism that became dominant by the Qin dynasty . As a view still espoused by Sinologist Hansen of the Stanford Encyclopedia of Daoism, a "Legalism" and Huang-Lao "Yellow Emperor Daoism" dominant by

1955-495: The Records of the Grand Historian . The essay is the last of the Shiji , called Yaozhi or Essential Points. It discusses the strengths and weakness of six kinds of governance. Using the concept of 'Jia', which can mean "expert" but like meant "family", the essay coined the categories of Yin-Yangjia , Fajia , Mingjia and Daojia . Ideas like Yin-Yang existed, but all Han dynasty thought involves yin-yang thinking, even

2040-825: The Daoist school based on what is "clearly" the idea of the Xing-Ming court. Shen Buhai, Han Fei, and Sima Qian's preferably ' inactive ' ruler contracts an assembly of ministers, with Xing-Ming correlating job proposals (Ming "names", or verbal claims ) with the Xing "forms" or " shapes " that they take. With early examples in Shen Buhai (Shenzi), several of the Mawangdui's texts bare resemblance to Han Fei's Chapter 5 discussion of Xing-Ming and its "brilliant (or intelligent) ruler", as do other eclectic Huang-Lao typified works, like

2125-525: The Guanzi , Huainanzi , and Sima Qian's Shiji . A.C. Graham took the Outer Zhuangzi as incorporating Xing-Ming, emphasizing benevolence over rewards and punishments, although by its own statements the work favours self cultivation. With their doctrines scarcely visible in the early Han outside the Mawangdui silk texts , according to the Shiji , the practice of Xing-Ming emerged again under

2210-520: The Huainanzi a main example of Zhuangzi influence in the Han, a Laozi-Zhuangi Daoism may otherwise be more accurate for the third century A.D, Although those listed under the fa-school arguably were focused on fa standards and methods, the Han Feizi is also focused on Daoistic concepts wu wei and Dao . While some may have been earlier than the Daodejing (Laozi), it would almost go without saying that

2295-512: The Stanford Encyclopedia of Daoism's theoretical model, under "Pre-Laozi Daoist Theory". For the Han Feizi too, Zhuangzi influences only exists as traces, but one noteable example from chapter 40 incorporates a parable of a shield and spear salesman, which can also be found in a lost chapter from the Zhuangzi, quoted in the Tang dynasty . Although the Zhuangzi probably had a different argument,

2380-609: The Stratagems of the Warring States , although not the primary focus of his administrative treatise, Shen Buhai was also a military reformer, at least for defense, and is said to have maintained the security of his state. Although Xun Kuang is probably accurate in considering Shen Dao to be focused on fa administrative standards, as introduced by Feng Youlan he would most remembered in early scholarship for his secondary subject of shi or "situational authority", of which he

2465-517: The Warring States period . A.C. Graham takes the Zhuangzi as preferring a private life, while the Daodejing (Laozi) contains an art of rule. Xun Kuang does not perceive them as belonging to one school in his time, and lists their texts separately. Shen Dao and Laozi are adopted into the same history of thought in the Outer Zhuangzi. Jia Yi uses them together in poetry, but with

2550-429: The Warring States period . The later Han historians simply classify the text as Zajia ("Syncretist") rather than Daojia or Fajia . With an example from the chapter "Ren shu": To follow is the method of the ruler; to act is the way of the minister. If (the ruler) acts, he will be troubled, if he follows, he will find peace. To follow the winter when it produces cold and the summer when it produces heat, why should

2635-486: The Yellow Emperor , one identifying him as a Master. But early "Daoists" were likely not aware of their whole field. With the Mawangdui silk texts lacking Zhuangzi influences, the main evidence of Zhuangzi influence in the Han dynasty is the Huainanzi . Professor Tao Jiang more simply refers to Han Fei's Laozi influences as Laoist, only theorizing "Zhuangist"-type influences. He theorizes these as wariness by

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2720-509: The biographies of Shen Buhai and Han Fei alongside Laozi and Zhuangzi , along with founding Han figures, Sima Qian earlier claimed Han Fei , Shen Buhai and Shen Dao as students of his same Huang-Lao philosophy, or " Yellow Emperor and Laozi Daoism ", which is traditionally included under Daojia. Shang Yang is simply given his own chapter, while Shen Dao is listed under the Jixia Academy . Sima Tan appears to have described Daojia with "Huang-Lao" content in mind, incorporating

2805-474: The '"actual" course of history'. Stressing timeliness, Sima Tan says: "It (the dao or way) shifts with the times and changes in response to things", a view earlier found in Han Fei and Xun Kuang . Hong Kong professor Xiaogan Liu takes the Zhuangzi and Laozi ( Tao te Ching ) as more focused on "according with nature" than timeliness; followers of " Huang-Lao " can be theorized as defining the former according to

2890-433: The 'schools' relevant texts, using the categories in the imperial library a hundred years after Sima Qians death. They connect them with purported ancient Zhou dynasty departments. Daojia comes to mean something like Daoism around the same time. They become categories of texts in book catalogues, namely the Han states' own Book of Han under Ban Gu . Those later termed Daoists likely did not early know each other. While

2975-516: The Book of Lord Shang would seem more that of seeking a rich, total state, with a dominating focus on agriculture and a powerful army, all geared for conquest. Acknowledging their bureaucratic contributions, Pine's work in the Stanford Encyclopedia of Philosophy prefaces a Shang Yang-Han Fei more along these lines. Shang Yang's institutional reforms can be considered unprecedented, and his economic and political reforms were "unqestionably" more important than his own personal military achievements. But he

3060-510: The Dao, if the idea wasn't already established. Dao is the beginning of the myriad things, the standard of right and wrong. That being so, the intelligent ruler, by holding to the beginning, knows the source of everything, and, by keeping to the standard, knows the origin of good and evil. Therefore, by virtue of resting empty and reposed, he waits for the course of nature to enforce itself so that all names will be defined of themselves and all affairs will be settled of themselves. Empty, he knows

3145-904: The Daoistic Emperor Wen of Han and his trusted ministers, but "cautious, unobtrusive and firm", more akin to Shen Buhai than Han Fei. Attributed back to Shen Buhai, it becomes the term for secretaries who had charge of records in penal decisions by the Han dynasty , holding outcomes accountable to claims . While the term Legalism has still seen some conventional usage in recent years, such as in Adventures in Chinese Realism , apart from its anachronism academia has avoided it for reasons which date back to Sinologist Herrlee G. Creel 's 1961 Legalists or Administrators? As Han Fei presents, while Shang Yang most commonly had fa (standards) as law, Shen Buhai uses fa (standards) in

3230-412: The Grand Historian ( Shiji ), he died before it was finished; it was completed by his son, Sima Qian . The year of Sima Tan's death (110 BCE) was the year of the great imperial sacrifice fengshan ( zh:封禅 ) by Emperor Han Wudi , for which the emperor appointed another person to the rank of fangshi , bypassing Sima, probably causing him much consternation. An essay by Sima Tan has survived within

3315-550: The Guanzi holds that fa models control affairs, models find their origins in the exercise of power, and the exercise of power finds its origins in Dao . The early work of Feng Youlan took the statesmen as fully understanding that needs change with the times and material circumstances; admitting that people may have been more virtuous anciently, Han Fei believes that new problems require new solutions. Earlier thought to be rare, in fact,

3400-430: The Han Feizi has Daoistic conceptions of objective viewpoints ("mystical states"), if his sources had them, he lacks a conclusive belief in universal moralities or natural laws, sharing with Shang Yang and Shen Dao a view of man as self-interested. Advocating against manipulation of the mechanisms of government, despite an advocacy of passive mindfulness, noninterference, and quiescence, the ability to prescribe and command

3485-408: The Han Feizi likely contains more Zhuangzi than can be known. There was a man of Chu who sold shields and spears. He would hold them aloft saying, “My shields are so tough nothing can pierce them.” He would also hold up his spears and say, “My spears are so sharp, there is nothing they can't pierce.” Someone asked him, “What happens if I stab one of your shields with one of your spears ?" and he

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3570-568: The Han Feizi would be influenced by it. But those who included commentaries on it in the work probably did not see two distinct schools. They probably saw works of rule; traditionally included under Daojia , Sima Qian and Ban Gu describe Huang-Lao in these terms, and Sima Qian earlier claimed them for it apart from Shang Yang. When the Confucians divided their texts out, it was probably not considered contradictory for them to be connected under multiple relatively fluid categories. Placing

3655-475: The Han dynasty, but can still be seen in a fifth century work quoting Liu Xiang as a figure who advocated administrative technique, supervision, and accountability to abolish the punishment of ministers. Though often used together, the three were still individually influential in the Han dynasty . With the Book of Lord Shang emphasizing fa standards as law, and a predominantly penal legal reception by Han Fei and

3740-519: The Han dynasty, the early work of Sinologist Herrlee G. Creel accepted Shang Yang as Legalist, arguing Shen Buhai to be more administrative. But Shang Yang's program was broader than law; Han Fei elementalizes him under it. Penal law aside, Benjamin I. Schwartz argued Shang Yang's primary program to be agriculture and war. Per Michael Loewe early ministerial recruitment occurred amidst Warring States period mobilization . Developing towards such offices as diplomats, early mobilization and recruitment

3825-748: The Jia are all flawed, orbiting his characteristically 'empty' Daojia, which then includes a description of a court of ministers with a Wu wei semi-inactive ruler. It's description, and the Shiji more generally, would suggest the Simas prefer a court with a wu wei semi-inactive ruler in a time when the central government was expanding. Despite a contrary statement by A.C. Graham , neither Tan nor Sima Qian name anyone under them. Although unknown interceding historians may have debated who may have fit under which categories, likely popular by their time, imperial archivists Liu Xiang (77–6BCE) and Liu Xin would have ratified

3910-662: The Laozi of the early Mawangdui Silk Texts, and two of the three earlier Guodian Chu Slips , place political commentaries, or "ruling the state", first. The Han Feizi's political contemporaries likely read them in the same order. Arguably lacking in metaphysics, associated content instead possesses mythologies. Nonetheless, in contrast to all prior Ways, the Daodejing emphasizes quietude and lack as wu wei . A central concept of Daoism , together especially with their early Laozi, Shen Buhai, Han Fei, and so-called Huang-Lao Daoism emphasize

3995-435: The Mawangdui found from a member of the political class, Hansen argued these version should not be simply assumed as 'originals', interpreting Huang-Lao as an early, politically partisan variety of what would later, if not entirely accurately be termed Daoism. If the authors of the Han Feizi were not all sincere in their Laoist beliefs, the work would still have served as a suitable critique of Confucianism and Mohism, i.e. for

4080-615: The Monarch of manipulation, retreating into wu wei isolation rather than Confucian-style moral education and cultivation. Hermits in the Zhuangzi retreat into isolation to avoid the chaos of the age. However, Benjamin I. Schwartz describes Shen Dao in terms of equanimity and a spirit of wu wei held in common with Zhuang Zhou and his own fellow academicians, with early Daoistic ideas found among later eclectics like Han Fei and Xun Kuang . A representative figure of Han Fei's Chapter 40 on Shi 'situational authority' or Power, and likely

4165-521: The Qin dynasty. But a souring association of them with the Qin only developed over the course of the Han dynasty. Jia Yi criticized Shang Yang In the reign of Emperor Wen , but along with propriety and righteousness, himself advocates fa laws (models), ranks and the execution of usurpers. Sima Qian associated their several figures with the Qin dynasty , arguing for Daoism in the reign of Emperor Wu . Dong Zhongshu glosses over them, himself advocating law, punishment and meritocratic appointment. By

4250-497: The Qin people into law-abiding subjects" (Pines). But the term Fajia or "fa family" itself likely only meant "law abiding families" in Mencius 's time. No one had used it as an ideological term for himself or his opponent. Its rare term might have meant something like "methods expert in economic affairs" in the context of the Guanzi before Tan's variant before popular. Sinologist Yuri Pines Stanford Encyclopedia still considers

4335-488: The Qin to early Han, would theoretically be borne out by the Huang-lao typified Mawangdui silk texts . Although It remains a question how much of it might have been extant in Shen Buhai's time, the Mawangdui and Guanzi regard fa administrative standards as generated by the Dao , theoretically placing it and some of the 'Fajia' within a "loosely Daoist" context; The Mawagndui texts can be argued to have been written in

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4420-687: The School of fa (laws, methods), often translated as Legalism , is a school of mainly Warring States period classical Chinese philosophy . Often interpreted in the West along realist lines, its members works contributed variously to the formation of the bureaucratic Chinese empire , and early elements of Daoism. The later Han takes Guan Zhong as forefather of the Fajia. Its more Legalistic figures include ministers Li Kui and Shang Yang , and more Daoistic figures Shen Buhai and philosopher Shen Dao , with

4505-426: The abilities of ministers, appointing candidates in accordance with their capabilities, and holding to ministerial achievements ("forms") accountable to their proposals ("names"). Following the Han Feizi , Shang Yang, Shen Buhai and Han Fei were often identified under it's administrative practice of Xing-Ming ("form and name"), explainable under Shu technique. Their combined figures might have had an influenced on

4590-477: The administration, which Creel translated as method . Han Fei and the earlier Mohists had conceptions of law, but make broader usages of fa standards. Han Fei and Shen Dao make some use of fa (standards) as akin to law, and some use of reward and punishment, often using fa standards similarly to Shen Buhai: as an administrative technique. Shen Buhai uses fa (standards) to compare official's duties and performances, and Han Fei often emphasizes fa in this sense. With

4675-599: The changes in the affairs of the age, inquire into the basis for correcting standards, and seek the Way to employ the people." Gongsun attempts to persuade the Duke to change with the times, with the Shangjunshu citing him as saying: "Orderly generations did not [follow] a single way; to benefit the state, one need not imitate antiquity." Graham compares Han Fei in particular with the Malthusians , as "unique in seeking

4760-625: The earlier Confucians, Han Fei at the end of the period holds ministers accountable for their proposals, actions and performance. The late Warring States theories of Xun Kuang or the Mohists were still far more generalized. With visible usages of Xing-Ming, the Han Feizi's chapter 5 Zhudao (道主) or "Way of the Ruler" incorporates Laozi and Shen Buhai in parallel style. Although Sima Qian does not claim it amongst his short list of chapters, he may have taken Han Fei as Huang-Lao based on its conception of

4845-483: The early Han, evidentially, its basic idea intersect with Qin by the time late pre-imperial Lushi Chunqiu , from around 240 b.c., containing a "Daoist-Legalist" fusion comparable to Shen Buhai, Shen Dao, Han Fei, Guanzi and the Mawangdui Huangdi sijing . Typically termed "Daoist" for the early Han , the work demonstrates that a philosophy promoting the wu wei reduced activity of the ruler goes back to

4930-632: The early Han, when their political positions might have been more appealing, but Michael Loewe still placed its Jingfa text before Qin unification, and most scholars still took the others as having been at least Pre-han. The Yellow Emperor is a major figure in one of its texts. Amongst other strains of thought, the more metaphysical, but still politically oriented Boshu text more broadly includes contents bearing resemblance to Shen Buhai, Shen Dao and Han Fei, developing arguments more comparable to natural law than an old interpretation of legal positivism for Shang Yang and Han Fei. If Huang-Lao did describe

5015-417: The essence of fullness: reposed, he becomes the corrector of motion. Who utters a word creates himself a name; who has an affair creates himself a form. Compare forms and names and see if they are identical. Then the ruler will find nothing to worry about as everything is reduced to its reality. W. K. Liao. ch.5 The Mawangdui Jingfa regards Dao as generating fa standards, and Sima Tan partly described

5100-522: The fact that worthiness and the power of position are incompatible should be abundantly clear. (Sahleen trans., in Ivanhoe & Van Norden eds. 2001, 314) Though espousing Laozi, Hansen theorized Han Fei's conception of the Dao to be based on that of Shen Dao 's situational authority, with the Guanzi as similarly relevant. Shendao develops "the concept of the natural dao", or "actual course of events." "Abandoning knowledge" or conventional guidance, whatever

5185-520: The feudal system, unifying the empire, law, language, thought and belief, presenting a memorial to the throne in which he condemns all those who "refused to study the present and believed only in the ancients on whose authority they dared to criticize". With a quotation from Xun Kuang: You glorify Nature and meditate on her: Why not domesticate and regulate her? You follow Nature and sing her praise: Why not control her course and use it? ... Therefore, I say: To neglect man's effort and speculate about Nature,

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5270-577: The idea that administrative protocols should disregard kinship and social status, treating everyone equally and thereby elevating the sovereign above all others. Imperial Archivists Liu Xiang (77–6BCE) and Liu Xin (c.46bce–23ce) used it as a category in the Han dynasty imperial library, becoming a major category of Masters Texts in Han dynasty catalogues, namely the Han state's own Book of Han (111ce). It included six other lost texts. Xun Kuang criticized Shen Dao as "obsessed with fa", and Sima Qian later considered Shang Yang successful in "turning

5355-431: The inclusion of a goal of "rich states and powerful armies" a more accurate descriptor for the current than just fa laws and methods. Although not recalling it's example, Pines introduction to the Book of Lord Shang notes Sima Qian as highlighting the Book of Lord Shang 's Chapter 3 on Agriculture and War. Liu Xiang suggested that Shang Yang and Li Kui had been influenced by the agriculturally focused Shennong . Early

5440-487: The indolence and subservience of the Second Emperor . Although earlier Sinologists might treat them as belonging to the same "Legalism" category, Sima Qian, for his part, does not treat Han Fei the same as Li Si; framing the two as opponents, Han Fei is treated as a 'tragic figure'. Han texts Shiji , Gongyang Zhuan , Yan tie lun , and Huainanzi instead depict Confucius as a Legalist, probably partly alluding to

5525-410: The intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Legalism&oldid=1160407868 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Legalism (Chinese philosophy) Fajia ( Chinese : 法家 ; pinyin : fǎjiā ), or

5610-426: The late Han Feizi drawing on both. Later centuries took Xun Kuang as a teacher of Han Fei and Li Si . Succeeding emperors and reformers often followed the templates set by Han Fei, Shen Buhai and Shang Yang, but the Qin to Tang were more characterized by their traditions. Though Chinese administration had no single origin, with a major influence by the Han dynasty , grand chancellor Shen Buhai likely played

5695-502: The later Han the figures were not yet divided into two different schools. With a royal practice of wu wei reduced activity prominent in the early Han, a key to Sima Qian's narrative would seem to be an identification of Han Fei with what he termed "Huang-Lao". Sima Qian blames Li Si as purportedly combining Shen Buhai and Han Fei's doctrine, identified as Technique, with Shang Yang's doctrine of law, depicting Li Si as inflicting heavy taxes and abusing Shen Buha's doctrine to encourage

5780-623: The later Han, scholars less knowledgeable than Liu Xiang were not always aware that Shen Buhai and Shang Yang were different. Potentially influential for the founding of the Imperial Examination , according to Han Fei and the Huainanzi , Shen Buhai had disorganized law in the newly formed Hann state . No Han or earlier text individually connects him with penal law, but only with control of bureaucracy, and by contrast appears to have opposed penal punishment. His administrative ideas would be relevant for penal records and practice by

5865-508: The later Zhuangzi would seem familiar with the Daodejing , the first part does not demonstrate familiarity it. Although disconnected, as later used the Mingjia school of names would at least seem to represent an actual social category interacted with by the Mohists , earlier referred to by the Zhuangzi as debaters. Taken as having a common interest in disputative theories of language, they otherwise have different philosophies. Connected with

5950-530: The latter. Taking Shang Yang as inheriting from Li Kui and Wu Qi , despite anti-Confucianism in the Shangjunshu , professor Ch'ien Mu still considered that that "People say merely that Legalist origins are in Dao and De (power/virtue) [i.e., Daoist principles], apparently not aware that their origins in fact are in Confucianism. Their observance of law and sense of public justice are wholly in

6035-473: The military has it. It did not necessarily occur to Tan that anyone would later use them as historical categories, or put people under them. As new categories, Tan's contemporaries probably considered his Jia novel. Together with Mohism and Confucianism , he compares their purported strengths and weaknesses in promotion of what he dubs the Daojia, taking the essential points of the others. Tan's descriptions of

6120-543: The older neighboring Li Kui , or the even older Confucian Zichan as all seeking more meritocratic government. As chancellors of neighboring states, Shang Yang’s and Shen Buhai’s doctrines would have intersected by the Qin dynasty, and the late Han Feizi is Shang Yang's first reference outside the Book of Lord Shang . The Han Feizi , associated with Han Fei , would suggest that the laws and methods of Shang Yang and Guan Zhong , with their associated works, may have circulated at that late time. The broader work set against

6205-548: The people's disposition." Pines takes Shang Yang's primary doctrine to be that of connecting people's inborn nature or dispositions (xing 性) with names (ming 名). The work recommends enacting laws that allow people to "pursue the desire for a name", namely fame and high social status, or just wealth if acceptable. Ensuring that these "names" are connected with actual benefits, it was hoped that if people are able to pursue these, they will be less likely to commit crimes, and more likely to engage in hard work or fight in wars. A figure in

6290-526: The political usages and advantages of wu wei reduced activity as a method of control for survival, social stability, long life, and rule, refraining from action in-order to take advantage of favorable developments in affairs. The Han Feizi's late Daodejing commentaries are comparable with the Daoism of the Guanzi Neiye , but otherwise utilizes the Laozi more as a theme for methods of rule. Although

6375-489: The principle of “names and substance.” Master Han (Fei) drew on ink line, penetrated the nature of matters, and was clear about right and wrong, but was extremely cruel and had little compassion. All these originated in the Way and its virtue (power, de), but Laozi was the most profound of them. Shiji 63: 2156 Dividing Shang Yang from the others categorically, Sima Qian probably intends that they not be combined. The Daodejing (Laozi), Zhuangzi and Sima Qian generally hold

6460-410: The ruler do anything? Therefore to say: "The way of the ruler is to have no knowledge and no action, but still he is more worthy than those who know and act," that is to get the point. An early bureaucratic pioneer, Shen Buhai was not so much more advanced as he was more focused on bureaucracy. Han Fei's discussion of Method-Technique (fa-Shu) provides a basic explanation for Xing-Ming, saying: "Method

6545-589: The school of names and Shen Buhai as Method , the term sometimes refers to a combination of Shang Yang and Han Fei by the Han . Despite it's contributions, the meaning of the term would ultimately be confused and lost in conflation with punishment (Xing 刑) by the time of the Western Qin , sometimes as early as the third century's Eastern Han . Sima Qian asserts the First Emperor as proclaiming its practice. With Shen Buhai (and Han Fei still) extent in

6630-410: The situation brings is the Dao (way), guiding human affairs, conventions, prescriptions and knowledge. Han Fei and Shen Dao's Dao might guide might good or evil kings, but emphasizing institutionalism (fa), the Han Feizi does not endorse the evil king, whose governance may be more complicated. If some authors of the Han Feizi were familiar with the proto- Guanzi , as its references would at least suggest,

6715-444: The spirit of Confucius' rectification of names and return to propriety, but transformed in accordance with the conditions of the age." In the ancient society, punishment by law would typically only apply to the people, while the nobles are only punished by ritual. But needs change with the times. Hu Shih took Xun Kuang , Han Fei and Li Si as "champions of the idea of progress through conscious human effort", with Li Si abolishing

6800-437: The statesmen, even if they may be willing to conform the government to them. As a counterpoint, the Han Feizi and Shen Dao do still employ argumentative reference to 'sage kings'; the Han Feizi claims the distinction between the ruler's interests and private interests as said to date back to Cangjie, while government by Fa (standards) is said to date back to time immemorial, considering the demarcation between public and private

6885-406: The term Naturalism for the two; but Han Fei's is very brief. Promoting "the ruler’s quiescence", Han Fei's Chapter 5 concerns a Way of the Ruler more than a Daoist way of life, and their figures are generally distinguished as politically focused. Although broader, this can describe "Huang-Lao" in general. Essentially 'interchangeable' with Daojia in the Shiji ; despite distinctions, Huang-Lao

6970-515: Was as much a military reformer in his own time, even if not as renowned a general, and the Han also recognized him as a military strategist. A work under his name, possibly the same sans a few chapters, is also categorized under the Han Imperial Library's Military Books, subjection Strategists. With Shang Yang said to have reformed Qin law, the Book of Lord Shang does not believe that fa laws will be successful without "investigating

7055-416: Was generally more focused simply on census and taxes, with the Book of Lord Shang 's programs a more extreme primary example of the trend; with Han Fei quite later, essentially, the only remaining early work of it's kind. Fa law can be considered a first principle of the Shangjunshu , but is aimed at general state power, and several chapter express anti-populist views. The actual perspective expressed by

7140-632: Was probably opposed to their combination. Although a modern Sinologist might consider a historical usage of the categories revisionist, to it's credit, the Book of Han only presents their groupings as theoretical; Feng Youlan chose to take it as a legitimate attempt at historical theory. Emphasizing philosophical differences with the Confucians, Sinologist Herrlee G. Creel argued that it might have been intentionally misleading to list Shen Buhai together with Shang Yang under Fajia . But Creel himself quotes Liu Xiang, who readily recounts that, unlike Shang Yang, Shen Buhai vacilitated against punishments. If

7225-449: Was unable to answer. Worthiness is something that cannot be forbidden by the power of position, but when the power of position is used as a Way of governing, there is nothing that it cannot forbid. So if one says that achieving good order requires both worthiness, which cannot be forbidden, and the power of position, which has nothing it cannot forbid, this is just like saying one has both all-penetrating spears and impenetrable shields. Hence,

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