Legalism

Legalism is a school of thought in Chinese history that advocates the use of the law to govern the country. During the Spring and Autumn and Warring States Periods, there was never an organization or school called "Legalism". "Hanshu Yiwenzhi" is listed as one of the "nine streams". Legalism matured very late, but its origins were very early. Its source of thought can be traced back to Liguan in the Xia and Shang Dynasties. During the Spring and Autumn Period and the Warring States Period, Guan Zhong, Li Kui, Zichan, Wu Qi, Shang Yang, Shen Zi, Shen Zi, Le Yi, Ju Xin and others developed it, and it became a school of thought. At the end of the Warring States Period, Han Fei gathered its culmination. In the Han Dynasty, their theories were summarized and synthesized, and their ideas became the basis for governing the country.

Beliefs
In the four centuries preceding the first empire, a new type of ruler emerged intent on breaking the power of the aristocrats and reforming their state's bureaucracies.As disenfranchised or opportunist aristocrats were increasingly attracted by the reform-oriented rulers,they brought with them philosophy concerned foremost with organizational methodology.Described by Julia Ching as "essentially a response to the problem of finding order" during the disintegration of the Zhou feudal society,successful reforms made the so-called "Fajia" significant, promoting the rapid growth of the Qin state that applied reforms most thoroughly.

Ruler-centered administrative focus
Though the syncretic Han Feizi speaks on what may have been termed law by earlier scholars, the Fajia themselves were concerned mainly with administration,such that continuing to mistranslate Fa as Law would mislead readers as to their theories.Even the more "Legalistic" Book of Lord Shang still engages statutes more from an administrative standpoint, as well as addressing many other administrative questions.

The Fajia has implications for the work of judges, but "contains no explicit judicial theory",and is motivated "almost totally from the ruler's point of view".Though Han Fei espoused that his model state would increase the quality of life, he did not consider this a legitimizing factor (rather, a side-effect of good order). He focused on the functioning of the state, the ruler's role as guarantor within it, and aimed in particular at making the state strong and the ruler the strongest person within it.To this end, Shen Buhai and successor Han Fei are concerned in particular with "the role of the ruler and the means by which he may control a bureaucracy."

The goal of the "Legalist" ruler was conquest and unification of all under heaven (or in the case of Shen Buhai at least defense),and the writings of Han Fei and other Fajia are almost purely practical, eschewing ethics in favour of strategy teaching the ruler techniques (shu) to survive in a competitive world through administrative reform: strengthening the central government, increasing food production, enforcing military training, or replacing the aristocracy with a bureaucracy.Han Fei's prince must make use of Fa (administrative methods and standards), surround himself with an aura of wei (majesty) and shi (authority, power, influence),and make use of the art (shu) of statecraft. The ruler who follows Tao moves away from benevolence and righteousness, and discards reason and ability, subduing the people through Fa (statutes or administrative methods but implying objective measurements). Only an absolute ruler can restore the world.

Further Information

 * Book of Lord Shang
 * Han Feizi

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 * [[file:Wikipedia.png]] Legalism