Chinese Legalism, Misc

The Oxford Handbook of Chinese Philosophy is a collection of essays on important texts and figures in the history of Chinese thought. The essays cover both well-known texts such as the Analects and the Zhuangzi as well as many of the lesser-known thinkers in the classical and post-classical Chinese tradition. Most of the chapters focus on thinkers or texts in one of three important historical movements: Classical ("pre-Qin") Chinese philosophy, Chinese Buddhism, and the Confucian response to Buddhism ("neo-Confucianism" broadly construed).

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)

Shangjun shu, a text that is especially rich in nuanced keywords, coordinates different types of power in significant sequences. Comprehending the philosophy of the text therefore requires comprehending the semantics and etymologies of these keywords. The present article is not a comprehensive discussion of power in Shangjun shu but affords a glimpse of the value of historical linguistics for a deeper understanding of philosophy and conceptual history.

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 in a diverse range of non-European traditions. From Kautilya’s 2nd c. BCE Sanskrit classic to the eponymously named Han Feizi from China, a variety of realist visions were (...) developed alongside arguments detailing structural problems in the more idealist political visions of their rivals. One such thinker, whose ideas have largely been lost to the contemporary world was the Chinese philosopher Shen Dao (c. 350-275 BCE). -/- One of the most philosophical intriguing arguments Shen Dao develops 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 work to demonstrate how he envisions eliminating sources of resentment in the political sphere. In doing so, it 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. -/- This paper closes with an analysis of how Shen Dao’s ideas may be brought into conversation with those of political realists more familiar to a Western audience, with a goal of “pursuing the ideal of working with similarities in differences and differences in similarities.” In particular it raises the question for students of why the worries of resentment were not foregrounded in the West in the way that they were by Chinese realists. This provides students with entry into examining the ways in which different cultures approach very similar topics and allows us to more deeply reflect not only on why certain things were emphasized in a particular tradition but why others were de-emphasized or seemingly ignored. (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)

The chapter "Attracting the People" ("Lai min") of The Book of Lord Shang (Shangjun shu) was composed ca. 255-251 B.C.E. At that point, the Qin leaders were frustrated: despite a series of military victories, Qin was still unable to subjugate its eastern neighbors. The chapter's author suggests that to attain final success, Qin must shift its attention from the battlefield to a demographic balance of power with its rivals. To attract immigrants from the overpopulated states of Han and Wei, Qin (...) should abandon its rigid policies of turning every subject into a tiller-cum-soldier. Instead, the immigrants should be exempted from military service and granted economic privileges. In marked contrast to the rest of The Book of Lord Shang, the author of "Attracting the People" advocates dividing the population into tillers and soldiers. The new awareness of the economic and demographic costs of warfare reflects changes in Qin's military situation after a century of robust expansion and on the eve of its final drive toward the unification of "All-under-Heaven." -/- . (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)

The Shenzi Fragments is the first complete translation in any Western language of the extant work of Shen Dao (350–275 B.C.E.). Though his writings have been recounted and interpreted in many texts, particularly in the work of Xunzi and Han Fei, very few Western scholars have encountered the political philosopher's original, influential formulations. This volume contains both a translation and an analysis of the Shenzi Fragments. It explains their distillation of the potent political theories circulating in China during the Warring (...) States period, along with their seminal relationship to the Taoist and Legalist traditions and the philosophies of the Lüshi Chunqiu and the Huainanzi. These fragments outline a rudimentary theory of political order modeled on the natural world that recognizes the role of human self-interest in maintaining stable rule. Casting the natural world as an independent, amoral system, Shen Dao situates the source of moral judgment firmly within the human sphere, prompting political philosophy to develop in realistic directions. Harris's sophisticated translation is paired with commentary that clarifies difficult passages and obscure references. For sections open to multiple interpretations, he offers resources for further research and encourages readers to follow their own path to meaning, much as Shen Dao intended. The Shenzi Fragments offers English-language readers a chance to grasp the full significance of Shen Dao's work among the pantheon of Chinese intellectuals. (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)

This essay argues that political realism is an effective heuristic for understanding The Book of Lord Shang, which it compares to the political thought of Machiavelli and Hobbes. It first lays out the premises of political realism as they emerge from this comparison: the real is the guiding heuristic of political realism; historical change is the fundamental condition; the nature of human beings is selfish but can also form customs favorable to political order. Based on these premises, the essay then (...) discusses the major propositions of political realism: the purpose of central authority is to provide the multitude with the benefits of order and to reward the ruler; the benefits of order warrant the commission of cruel deeds, also called the reason of state in the West; legal and extra-legal actions are the means by which the central authority imposes order and counters contingency; punishment is the primary means to make the laws prevail. The essay closes with considering the question of whether a fully implemented realist order could put an end to historical change. (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)

Shang, Yang. The Book of Lord Shang. A Classic of the Chinese School of Law. Translated from the Chinese with Introduction and Notes by Dr. J.J.L. Duyvendak.

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)