Legalist thinkers contributed greatly to the formation of China’s empire both on the theoretical level and as political practitioners; and many of their ideas continued to be employed throughout China’s history.
How did Legalism benefit ancient China?
Legalism is a political philosophy centred around the idea that the ruler has absolute power, authority and control over his people (Ouellette, 2010).The core value of Legalism was the upholding of the law (Chinese Ministry of Culture, 2005).Legalism was the foundation of the Qin Dynasty, and was what largely enabled the state of Qin to unify China in 221 BCE (Chinese Ministry of Culture, 2005).
How did Legalism influence the rule of Shi Huangdi?
The emperor was able to use legalist policies to increases his power over his people. Shi Huangdi philosophy of legalism says that all people are evil, and harsh laws must be made to keep them in line. If people are left alone, they will act badly.
How did the Ming rulers effect China?
Understand how the Ming restored Chinese rule. They restored Chinese rule by bringing back traditional Chinese Han rule and the examination system. Hongwu rid China of Mongol influence and brought about agricultural and economic prosperity, it led to a rise in population.
How did Legalism influence the Qin dynasty?
Legalism became the official philosophy of the Qin Dynasty (221 - 206 BCE) when the first emperor of China, Shi Huangti, rose to power and banned all other philosophies as a corrupting influence. The excesses of the Qin Dynasty's legalism made the regime very unpopular with the people of the time. Additionally, what did legalism influence? Legalism promotes the notion of strict law and order and harsh, collective punishments, ideas that influenced Qin Shi Huangdi's despotism and centralized ...
What was the impact of legalism on Chinese culture?
They stressed the direction of all human activity toward the goal of increasing the power of the ruler and the state. The brutal implementation of this policy by the authoritarian Qin dynasty led to that dynasty's overthrow and the discrediting of Legalist philosophy in China.
How did legalism affect modern China?
It was Legalist thought and practice that propelled the centralization of power in the hands of a single monarch, laid the foundations for the state bureaucracy and established the efficient and effective legal codes that became the pattern for Chinese politics for the next two millennia.
Why was legalism so important?
Many people believed that humans were naturally selfish and needed strict laws to keep them under control. As a result, the philosophy known as legalism became the overriding principle for organizing government.
What was one of the effects that legalism had during China's ancient periods?
Koller writes, "the long-term effect of the Legalist emphasis on laws and punishment was to strengthen Confucianism by making legal institutions a vehicle for Confucian morality" (208).
How did legalism lead to the fall of the Qin Dynasty?
Despite some who suggest the Qin should have been more strict in their control of oppositional forces within China, ultimately the unforgiving and punitive nature of legalism failed to sustain national unity and support of the people, resulting in the collapse of the Qin Dynasty.
How did ending the practice of legalism help build a stronger China?
How did ending the practice of Legalism help Liu Bang build a stronger China? It helped him gain more loyalty from the people. It helped him reinforce harsh laws to maintain control.
How would you describe legalism?
Definition of legalism 1 : strict, literal, or excessive conformity to the law or to a religious or moral code the institutionalized legalism that restricts free choice.
How did the Legalists teach that society functioned best?
The Legalists believed that society functioned best through strong government control and absolute obedience to authority, so they created laws that ordered strict punishments and rewards for behavior.
What is legalism in Chinese philosophy?
Legalism in Chinese Philosophy. Legalism is a popular—albeit quite inaccurate—designation of an intellectual current that gained considerable popularity in the latter half of the Warring States period (Zhanguo, 453–221 BCE).
What was the position of legalism in imperial times?
In imperial times, the position of Legalism was somewhat paradoxical . On the one hand, its ideas remained highly influential, especially in the realm of administrative practice, but also with regard to the policies of the enrichment and empowerment of the state, as well as in some legal practices.
What is the second pillar of legalist philosophy?
The second pillar of Legalist political philosophy is their view of human nature. Legalists eschew the discussion of whether or not human badness or goodness are inborn, or whether or not all humans possess fundamentally similar qualities. What matters for them is, first, that the overwhelming majority of human beings are selfish and covetous; second, that this situation cannot be changed through education or self-cultivation; and, third, that human beings’ selfishness can become an asset to the ruler rather than a threat. That “the people follow after benefit as water flows downward” ( Shang jun shu 23:131; Book of Lord Shang 23.2) is a given: the task is to allow the people to satisfy their desire for glory and riches in a way that will accord with, rather than contradict, the state’s needs. Shang Yang explains how to attain this:
What were the issues that the Warring States faced?
One of the primary issues that the rulers of the Warring States faced was that of recruitment into government service. During the aristocratic Springs-and-Autumns period, the overwhelming majority of officials were scions of hereditary ministerial lineages; only exceptionally could outsiders join the government. This situation changed by the fifth century BCE, as aristocratic lineages were largely eliminated in internecine struggles and members of lower nobility—the so-called “men of service,” shi 士—could advance up the ladder of officialdom. It was then that the new meritocratic discourse of “elevating the worthy” ( shang xian 尚賢) proliferated and upward social mobility became legitimate (Pines 2013c). Yet who were the “worthy” and how to determine one’s worthiness was a matter of considerable uncertainty and confusion. While certain texts presented highly sophisticated ways of discerning the employee’s true worth (Richter 2005), their recommendations required exceptional perspicacity of an employer and were largely impractical. Instead, the most popular way of recruitment was based on a notion of “recognition” of one’s worth (Henry 1987): an employee was recommended to the ruler (or to a high official), interviewed, and then his worth was “recognized” and high position assigned. This widespread practice was deeply resented by the Legalists. The very idea of reliance on vague concept of “worthiness” and on personal impression of the ruler as the primary means of recruitment was in their eyes fundamentally flawed, because it allowed manifold manipulations. Shang Yang explains why “worthiness” based on one’s reputation is an intrinsically problematic concept:
What is the legalist school?
The term “Legalist school” ( fa jia 法家) is ubiquitous in studies of early Chinese political philosophy. Despite manifold criticisms of its inaccuracy (e.g., Goldin 2011), the term may still be usefully employed, as long as two major points are taken into account. First, Legalists were not a self-aware and organized intellectual current; rather the name was coined as a post-factum categorization of certain thinkers and texts, and its primary function before the twentieth century was that of a bibliographical category in imperial libraries. Therefore, the identification of any thinker or text as “Legalist” will forever remain arbitrary; the term may be used as a heuristic convention but should not be employed ( pace Creel 1974) as an analytical device. Second, “Legalism” is a problematic name. The Chinese term fa jia is already misleading, because it inadvertently reduces the rich intellectual content of this current to a single keyword, fa. “Legalism” is a doubly misleading English translation, because the semantic field of the term fa 法 is much broader than “law”; it refers also to methods, standards, impersonal regulations and the like (Creel 1974: 147–149; Goldin 2011). It is incongruent, then, to discuss the fa jia within the context of the Occidental notion of “the rule of law,” as was popular in early modern Chinese scholarship (e.g., Hsiao 1979: 442–446) and as is sometimes done even nowadays (Fu Zhengyuan 1996: 158–161). If these intrinsic inaccuracies of the term “Legalism” are borne in mind, it can be employed—as in what follows—merely for heuristic convenience. The term is simply so widespread in scholarly literature that replacing it with a new designation will just further confuse the readers.
What was Confucius's goal in China?
Confucius wanted to reestablish order out of the chaos, Confucius undertook, by teachings and personal example, to revive the life of benevolence and righteousness as the ideal for the individual and society.
What did the Zhou Dynasty believe?
This concept taught that the leaders gained their authority to rule from the gods. They believed that when the Zhou overthrew the Shang Dynasty, this was because the Shang had become tyrants and the gods allowed them fall.
Who were the founders of Taoism?
The founders of Taoism were Lao Tzu and Chuang Tzu. Their teachings deal with the central notion of the Tao. Tao meaning literally "path" or "road" in the philosophical context
New Government
Legalism was first inserted to the government in response to disorder by Qin Shi Huang. His goal was to form a strong centralized government, and an organized society by enforcing harsh laws and punishments. This relates to legalism as they believed that all men were made selfish and you must set strict standards to correct that inner selfishness.
Rebellion and Punishment
Many Confucians (which you will learn about later) were upset with the new Government because their ideals conflicted or were the opposite of legalistic ideals, and proceeded to start a civil war. The Government took action by killing over 406 Confucian scholars or sending them to further the progress being made on the Great Wall.
Conclusion
Overall, the key beliefs of Legalism were that all men were naturally selfish, Confucianism was not strong enough to maintain order, and that harsh laws and punishments were the only way to counteract the selfishness of men.
How did legalism affect trade?
Legalism also influenced the aspect of trade throughout the time period as a main concern was an increase in production. Farmers who exceeded their limit and went beyond expectations were rewarded, on the other hand farmers who did not meet the limit or dead line were used as slaves.
What are the three main components of legalism?
The influence of Legalism on different aspects of society: Law and Order -. As stated throughout the website the three main components of legalism, a political based theory: Fa ( 法 fǎ): Law or principle. Laws rules and codes must be clearly written and made public. All people under the ruler were equal before the law.
What is the system of law?
The system of law runs the state, rather than the ruler himself. If the law is successfully enforced, even a weak ruler will be strong. (Watson, 1993) Shu ( 術 shù): Method, tactic, or art. A bureaucratic administration under the complete control of the ruler implements and enforces the laws and performs the task of running the state.
Why should rulers practice non-action?
A ruler should practice “non-action,” “emptiness,” and “acquiescence” in order to allow the natural order of things to rule. (Watson, 1993) It is quite obvious that legalism put the need for order above all human concerns, therefore in a way instilling fear into society so all rules were obeyed.
Defining Legalism
Philosophical Foundations
Tillers and Soldiers: Ruling The People
Maintaining The Bureaucracy
The Ruler and His Ministers
Assault on Culture and Learning
Epilogue: Legalism in Chinese History
- Qin unification of 221 BCE could have become the triumph of Legalism.The rise of the state of Qin started with Shang Yang; and it was byfollowing his “agriculture cum warfare” course of actionthat this state became rich and powerful enough to subdue itsformidable enemies. Many aspects of Qin’s policy before theimperial unification and in its afterm...