Emmarlone Salva Ravago Oriental Philosophy (Ancient Chinese Philosophy) Han Fei Zi and the Legalist School

September 20, 2010 Rev. Fr. Richard Ang, OP

Feudalistic society of the early Chou dynasty operated according to two principles: 1) Li (rituals, ceremonies, rules of conduct) which formed the unwritten code of honor governing the conduct of the aristocrats (chun tzu). 2) Hsing (penalties and punishments) which applied only to the common men, shu ren (common men or hsiao ren (small men). According to the Li Ching (The Book of Rites), the Li does not go down to the common people; the hsing do not go up to the ministers. Social Background of the Legalists The structure of Chinese feudalistic society was comparatively simple. Kings, princes and feudal lords were all related to each other either by blood or by marriage. Nobles (princes and feudal lords) regarded their rights as existing independently from their superiors (kings). They were semi-independent. Hence, they did not have a centralized government at that time. The kings and princes at the top had no direct dealings with the common people. They left such matters to the lesser feudal lords. The disintegration of this type of society in the later centuries of the Chou dynasty brought with it farreaching social and political changes: 1) Breakdown of social classes princely men lost their properties to common people while common people became nobles. 2) Governments became more complex as territories of larger states became even larger. 3) New situations brought with them new problems larger territories mean bigger population and lesser resources, this was their main problem. Legalists believed that proposed solutions of other schools were not realistic enough to be practical. What the rulers needed were not idealistic programs for doing good to their people, but realistic methods for dealing with the new situations faced by the government. Legalists were referred to as fang shu chih shih or men of method. They were so called because they developed methods for governing large areas; method which left a high concentration of power in the person of the ruler. They advocated the centralization of the government and absolutism. Rulers need not be a sage; even a man of average intelligence can govern well as long as he faithfully applies their proposed methods. Han Fei Zi, the Synthesizer of the Legalist School Han Fei Zi (280-233 BC) was one of the princes of the ruling house of the state of Han. Studied under the great scholar Xun Zi and was the classmate of Li Si. When the state of Han began to weaken, he wrote his book, Han Fei Zi, (guide in government) and offered counsel to the king. However, the king of Han did not heed his counsel. Meanwhile his works were introduced to the state of Qin, the state more than any other applied his principles and thus conquered other sates. Li Si grew jealous of the growing favor accorded by the king of the sate of Qin to Han Fei Zi. He convinced the king to pass sentence to Han Fei Zi. He sent men to bring poison to Han Fei Zi and ordered him to commit suicide. Later, the king of Qin took back his decision, but it was too late, Hand Fei Zi already died.

Last and greatest theorizer of the legalist school. Three groups that came first before Han Fei Zi: 1) Leader: Shen Dao, a contemporary of Mencius, who held that Shi (power or authority) was the most important factor in politics and government. 2) Shen Bu Hai who stressed that Shu (method of conducting affairs and handling men or statecraft) was the most important factor. 3) Shang Yang or Lord Shang emphasized Fa (law or regulation) as the measure of effective government. Han Fei Zi considered all three alike as indispensible. The intelligent ruler is like Heaven because he acts in accordance with the law (Fa) fairly and impartially... Like a divine being, because he has the art of handling men, so that men are handled without knowing how they are handled. This is the function of Shu (statecraft). And he has the authority or power to enforce his orders. This is the function of Shih (power or authority). Legalist Philosophy of History (The older the source, the more reliable) Legalistic philosophers understood the changing needs of the time and viewed them realistically. Previous philosophies were idealistic due to their material circumstances. There were few people and plenty of supplies; therefore the people did not quarrel... But nowadays there are many people but few supplies, and that one has to work hard for a meager return, so the people fall to quarrelling. (Han Fei Zi, chapter 49) Because of these completely new circumstances, Han Fei Zi believed that new problems can only be solved by new measures, not traditional ones. therefore affairs go according to their time, and preparations are made in accordance with affairs. (Ibid.) Lord Shang already said the same thing: When guiding principles of the people become unsuited to the circumstances, their standards of value must change. As condition in the world change, different principles are practiced. (Book of Lord Shang, II, 7) Way of Government To meet new political problems, the Legalists proposed new ways of government. First step was to set up laws. A law is that which is recorded on the registers, set up in the government offices, and promulgated among the people (Han Fei Zi, chapter 38). Through these laws the people are told what they should and should not do. Once the laws are promulgated, the ruler must keep sharp watch on the conduct of the people. Because he possesses Shi (authority), he can punish those who violate laws and reward those who obey it. It is with law and authority that the ruler rules his people rather than virtue (this is his Shu). But the ruler need not do all these things himself. If he merely possesses Shu, the art of handling men, he can then get the right men to do everything for him. Holding the actualities responsible for their name (Han Fei Zi, chapter 43). By actualities, they mean the individuals who hold government office; while by names, they mean the titles of the offices they hold. Hence, this means holding the individuals who occupy certain offices responsible for carrying out what should be ideally accomplished in their offices as indicated by their names (old doctrine of the rectification of names).

The rulers duty then is to confer a given office upon a given person. She functions pertaining to his office have already been defined by law and are indicated by the name given to it; the ruler need not and should not bother about the methods used to carry out his work, so long as the work is done. If the work is done, the ruler rewards them; if not, he punishes them (the two handles of the ruler) (Han Fei Zi, chapter 48). How will the ruler know which man is best for a certain office? It can be known thru Shu (statecraft). If the ruler is strict in his rewards and punishments, incompetent people will no longer dare to take office even if it is offered to them (because of fear of punishment). Thus all incompetents are eliminated, leaving government positions only to those who can successfully fill them. Their way of government, they claim, is foolproof. The ruler need only retain the authority of rewards and punishments in his own hands. He will rule by doing nothing, yet there is nothing that is not done. This is based from the fact that men by nature seek profit and avoid harm (seek ease and avoid toil). Moreover, men are, by nature, evil. Hence, they need to be suppressed by laws rather than convert them to good. Legalism and Confucianism Confucianists maintained that the people should be governed by Li and morality, not by law and punishment. They were traditional and conservative; however they were also revolutionary, in the sense that they no longer upheld social distinctions (social classes, noble and common people). Social distinction now depended upon the moral worth of the individual, social status was not necessarily inherited. They demanded for a higher standard of conduct (Li) from the people (both noble and common). In the legalist thought, there were no class distinctions too. Everyone was equal before the law and the ruler. Instead of elevating the common people to a higher standard of conduct, they lowered the nobles to a lower standard, discarding Li and putting sole reliance on rewards and punishments for all. Legalism and Daoism Doing nothing yet there is nothing that is not done. This is the Daoist idea of wei wu wei, moreover it is also a Legalist idea. According to the Legalists, the one great virtue required of a ruler is that he follows the course of nonaction. He should do nothing himself but should merely let others (his ministers/subjects) do everything for him. Daoism maintained than man is completely innocent. The legalist, on the other hand, that man is completely evil. The Taoist stood for absolute individual freedom, the Legalists for absolute social control. Criticism of the Taoists against the Legalists: the legalist way of government requires unselfishness and impartiality on the part of the ruler, especially in giving rewards and punishments. Even if he fails only a few times to do this, the whole mechanism (of government) breaks down. Such requirements are too much for a man of average intelligence; therefore a sage is needed, the only one who can really fulfill them.

Appendix A Kings

Princes

Feudal Lords