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History of Eastern Philosophy
Legalism
Legalism advocated a strict interpretation of the law in every respect.
Morality was not important; adherence to the letter of the law was
paramount. Officials who exceeded expectations were as liable for punishment
as were those who underperformed their duties, since both were not adhering
exactly to their duties. Legalism was the principal philosophic basis of
the Qin Dynasty in China. Confucian scholars were persecuted under Legalist
rule.
In Chinese History, Legalism (??; pinyin Fajia) was one of the four main
philosophic schools at the end of the Zhou Dynasty. Legalists believed that
a ruler should govern his subjects by the following three ideas:
1. Fa (?; p. fa), the law. The law code must be clearly written and made public.
All people under the ruler were equal before the law. Under the Zhou Dynasty,
law was loosely written and was based on social classes. Laws should reward
those who obey them and punish severely those who dare to break them, even if
the result of this would on the face of it appear to be undesirable. As an
example from Han Feizi, if a gate guard go fetches a blanket for the king who
has just dozed off, he is being irresponsible to his official duty and
deserves punishment. Thus it is guaranteed that every action taken is
predictable. In addition, the system of law ran the state, not the ruler.
If the law is successfully enforced, even a weak ruler will be strong.
2. Shu(?), the method and control. Unlike other Chinese systems of thought,
morality is not important in Legalism. Special methods and "secrets" are to
be employed by the ruler to make sure the ministers don't take over control
of the state. Especially important is that no one can fathom the rulers
motivations, and thus no one can know which behaviour might help them
getting ahead; except for following the "fa"/laws.
3. Shi (?), the legitimacy, power and charisma. It is the position of the
ruler, not the ruler himself, that holds the power.
Legalism was the central governing idea of the Qin Dynasty, however most
Chinese philosophers and political thinkers have had very negative views
toward Legalism blaming it for what today would be considered a totalitarian
society. Many Chinese scholars believe that it was a reaction against
legalism that gave Chinese Imperial politics its personalistic and
moralistic flavor. However, this view of the Qin may be biased, as
most of the Chinese historical records were written by Confucian scholars,
who were persecuted under the Qin.
