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When public service tests were introduced, Confucian influence prohibited open discussion of Shen Buhai. Xing-Ming is not discussed by the head of the Imperial University, the famous Confucian Dong Zhongshu. However, the emperor under whom it was founded, Emperor Wu of Han, knew and approved of legalistic ideas, and the audit of the civil service took place only with their support from Gongsun Hong, who wrote a book about Xing-Ming. [6]: 86–87, 115 According to Liu Xiang, Emperor Xuan of Han always liked to read Shen Buhai, used Xing-Ming to control his subordinates, and devoted a lot of time to legal affairs. [6]: 87 [277],[278] In Chinese history, legalism (Chinese: 法家; pinyin Fǎjiā) was one of the four most important philosophical schools of the Spring and Autumn periods and the Warring States period (towards the end of the Zhou dynasty from the sixth century BC to about the third century BC). A.D.). It is in fact more of a pragmatic political philosophy with maxims such as “As times have changed, paths have changed” as an essential principle, than jurisprudence. In this context, “legalism” here may have the meaning of “political philosophy that defends the rule of law” and thus differ from the Western meaning of the word. Hanfeizi believed that a ruler should govern his subjects through the following trinity: Legalism is an approach to analyzing legal issues characterized by abstract logical thinking that focuses on the applicable legal text, such as a constitution, legislation, or jurisprudence, rather than the social, economic, or political context. In its narrower versions, legalism perpetuates the idea that the pre-existing body of authoritative legal documents already contains a predetermined “right answer” to any legal problem that may arise; and that the task of the judge is to ensure this unequivocal answer by means of an essentially mechanical procedure. This application of the Western law school has little to do with the Chinese philosophical school of the same name, which is being discussed from now on. During the Qin Dynasty, all books that did not support legalistic philosophy were burned, and writers, philosophers, and teachers of other philosophies were executed.
The excesses of legalism of the Qin Dynasty made the regime very unpopular with the people of the time. After the fall of Qin, legalism was abandoned in favor of Confucianism, which significantly influenced the development of Chinese culture. Legalism was the idea of the central government of the Qin Dynasty, culminating in the unification of China under the “first emperor” (Qin Shi Huang). He is the master in the 2002 film Hero and several other films. Most Chinese philosophers and political thinkers had very negative views about legalism and blamed it for what would now be considered a totalitarian society. Many Chinese scholars believe it was a backlash against legalism that gave Chinese imperial policy its personalist and moralistic flavor instead of emphasizing the rule of law. However, this view of the Qin may be biased, as most Chinese historical documents were written by Confucian scholars who were persecuted among the Qin. For more than 200 years, the Chinese people have experienced war as their daily reality, and a legalistic approach to trying to control people`s worst impulses – controlling people through the threat of severe punishment for injustice – would have been the best way to deal with the chaos. Shang Yang`s legalism dealt with everyday situations, but also extended to how to behave in wartime, and he is credited with the tactic of total war, which allowed the Qin state to defeat other warring states in order to control China. The method by which a ruler exercises control, or shu (術 shù), was based on a Taoist view of nature as an amoral force. Unlike Confucianism, which legitimizes a ruler`s authority on the basis of superior moral character and wisdom, legalism attributes authority to the historical position of the ruler.
Shen Dao (慎到, c. 350 BC-275 BC) A.D.) A Chinese philosopher from Zhao, whose writings have been referenced in the works of Han Fei and Zhuang Zi, argued that authority arises and is maintained because of the nature of real circumstances, and not in accordance with an abstract set of moral values. According to Shen Dao, things simply flow according to the natural course of the path (the Tao) and do not organize themselves in such a way as to conform to an ethical system. The jurists stressed that the head of state is endowed with the “secrecy of authority” (勢 shì) and that his decisions must always require the respect and obedience of the people. Shen Dao and Shen Buhai devalued the charismatic leader`s importance and instead emphasized his position as a source of authority. The purpose of legalism was to establish a “natural” and automatic politics that would be consistent with Dao (the way the natural world works). A leader must therefore embody Dao by practicing “non-action”, “emptiness” and “calm” to allow the natural flow of events. The leader should not act, but let his subordinates act and be responsible for the consequences of their actions.
The position of the ruler is comparable to the centre of a ladder or ladder; The center does not move, but knows which side of the ladder is heavier than the other. The ruler must distance himself and use the “two grips” of reward and punishment or power over life and death to control his people. Legalism remained in force throughout the Qin Dynasty until its fall in 206 BC. After the fall of Qin, the states of Chu and Han fought for control of the country until Xiang-Yu of Chu (l. 232-202 BC) was defeated by Liu Bang of Han (l. c. 256-195 BC) at the Battle of Gaixia in 202 BC. AD and the Han Dynasty was founded.
The Han Dynasty ruled for a long time, from 202 BC. AD to 220 AD, and began many of the most important cultural advances in Chinese history, the opening of the Silk Road being only one of them. The basic structure and functioning of the traditional Chinese state was not “legalistic” as the term is commonly understood. Although persistent, pre-modern Chinese mainstream thought never really accepted the role of law and jurisprudence or the Shang Yang wing of fajia. The most important contribution of the Fajia lies in the organization and regulation of a centralized and bureaucratic government. Sinologist Herrlee G. Creel called his philosophy administrative, for lack of a better term, because he believed it was founded by Shen Buhai (400-337 B.C.), who probably played a “leading role in the creation of the traditional Chinese system of government.” [ref. The history of legalism in Korea dates back to Gyeonggukdaejeon, a code of laws compiled during the Joseon Dynasty.