Basic Writings

[H. Dawary]

Today I am going to do a review of this book by Han Fei(Zi) written over 2200 years ago. Han Fei is perhaps the Chinese Machiavelli, as Thucydides is the greek Machiavelli, all three of which were endorsers of real politik.

Legalism was the state philosophy adopted by the state of Qin in late 300 BC at first under the guidance of Lord Shang whom also compiled texts called "the book of Lord Shang". The state of Qin during the warring states overwhelmed all the other states and many attribute their success due to their adopting "Legalism" as their state philosophy which led to their success.

Han Fei(zi) endorsed the philosophy of Legalism, and his ideas although not original were influential towards successive Chinese dynasties, and even so today in the peoples Republic of China. Which is why have I chosen to review this book and philosophy amongst a plethora of other Chinese philosophies and books.

A brief analysis of Han Fei's text may illuminate the philosophy of Legalism... Now keep in mind I was not able to find a complete text; Therefore I can't comment much on what is missing, but what is provided in the book are (1) The Way of the Ruler, (2) Having Standards, (3) The Two Handles, (4) Wielding Power, (5) The Eight Villanies, (6) The Ten Faults, (7) The Difficulties of Persuasion, (8) Precautions Within the Palace, (9) the Five Vermin, (10) and Eminence in Learning.

(1) The way of the ruler: is similar to Taoism, which is to be empty and unmoving, as this is the description of a fit ruler. Similar to a Tao sage, he must be mysterious and uncomprehending, vast and deep, never evoking emotion showing his likes or dislikes, this also includes not associating with the common people or partaking in any of such activities so that his interest may never be shown. The point of the ruler behaving as such so that his subordinates do not comprehend him and never understand his interests, likes or dislikes, preventing them from exploiting him for not knowing who or what he likes or dislikes.

(2) Having standards: This takes into account of what is written and unwritten, in ancient times a ruler would execute someone based on a whim simply because that person was not liked, and authority was thrown around by the ruler or his ministers. Han Fei however criticises this practice and advocates for rewards and punishments based on the written code that is publicly held up as law. On having standards also prevents ministers from over-reaching and under-reaching, if a minister were to promise the building of a bridge for a certain amount of fund, and should he have over-reached then he must be punished, similarly should he also under-reach then he must be punished. This is all for the sake of not undermining the status quo and the standards that are held in such esteem in order for the ruler to rule.

(3) The Two Handles: The two handles deals with Rewards and Punishments. The one who succeeds is to be rewarded, and the one who fails is to be punished. However, there is a twist, the rewards mustn't be too much so that the one rewarded doesn't become too strong, and the punishments severe so that it may serve as an example for those who take up an assignment in the future to succeed. This comes back to the previous that ministers mustn't over-reach nor under-reach and that they must accomplish whatever it is that they succeed in to the exact detail. The whole point of this is to maintain the standards and the law, respecting the law means respecting the ruler, and disobeying it means disrespecting the ruler, the whole idea is that it for the sake of the ruler and not personal egotism or achievement.

(4) Wielding Power: This is goes back to the idea of a Taoist sage... Legalism is concerned with rules and regulations, and the ruler is simply seen as the manager and enforcer who ensures everything is smoothly flowing. A ruler is not to be a general, he doesn't need to understand agriculture, he simply needs to direct everyone in the right way and hand out Rewards and Punishments based on the result.

(5) The eight villainies: This deals with the potential threats a ruler may face within is kingdom/empire from his ministers or cunning citizens as to what they may encourage him to do, 1) Being encouraged to spend time with his lover... 2) Getting a favoritie muscian/playwright to visit his empire... 3) Advising family members and other trusted personnel to influence him in the wrong direction that in turn makes others stronger... 4) Encouragement to focus on royal palaces and entertainments... 5) Bribing the people to threaten the rulers rule... 6) Bringing speechmakers to confuser the ruler due to elaborate speeches.. 7) Ministers employing their own forces challenging the rulers powers... 8) Having foreign rulers to intervene within his state.

6) The ten faults... The ten faults is what leaves a ruler open to being exposed to the eight villainies. 1) Being advised to loving entertainment so much that it hinders him from fulfilling his civil duties... 2) being too greedy to make smart investments for the future... 3) Loving female musicians/entertainers... 4) Spending too much time away from main duties... 5) Ignoring good advice so that personal ego is fulfilled... 6) Reliance upon others kingdoms instead reliance upon ones own forces... 7) Putting importance on minor affairs such as poems and love letters... 8) Being arrogant and rude in interacting with others... 9) Behaving arrogantly towards other kingdoms... 10) This is the exact same as 1, but focusing on minor affairs instead of focusing perils that is devastating the state.

7) The Difficulties of Persuasion... This is more reserved to ministers than rulers, more so to loyal ministers serving foolhardy rulers who don't embody the Taoist sage, essentially the main criteria for persuasion he outlines is outlining the positives of a good advice and downplaying its negatives, but also taking into account the psychology of the person being persuaded, knowing their likes and dislikes.

8) Precautions Within the Palace... This means not trusting anyone within the palace, and that every suggestion be thoroughly examined, not trusting even one's own family, as in ancient China, fratricide, patricide, and concubines whom they had children with would assassinate rulers. The whole point was to entrust oneself to the law and not entrust oneself to others.

9) The Five Vermin... This dealt with philosophers of the time Han Fei lived in, namely the Confucianist, the Moists, and those who preached philosophies other than legalism. Han Fei argued that in older times such philosophies were praiseworthy as people lived in tribes and villages, and thus such ideals were to be pro-ported, but in his times of warring states, such ideals were useless, and what was more important was law, and the pursuit of it.

10) Eminence in Learning... This dealt with criticizing Mozi and Confucius as each believed in practicing the way of the ancient sages, but he contradicts both of them, as each ended up having different schools of thought thus making it hard to pinpoint what were the ways of the ancient sages. What Han Fei in turn endorses is a point to follow, and that is the law, and the encouragement of it through rewards and punishments.

 

[Menthol]

But it's good at the end Chinese civilization put more emphasis on Confucianism rather than Legalism.

In the modern term, Confucianism teaches about conscience, people and human rights.

And that is 2500 years ago.


But the West is trying to defame Confucianism by labeling it as Tyrannical ideology.

 

[H. Dawary]

But it's good at the end Chinese civilization put more emphasis on Confucianism rather than Legalism.

In the modern term, Confucianism teaches about conscience, people and human rights.

And that is 2500 years ago.


But the West is trying to defame Confucianism by labeling it as Tyrannical ideology.

Subsequent Chinese dynasties were still Legalist, for example the replacing Han dynasty was said to be "Legalistic within, Confucius outside". Similarly it was Legalism that brought the end of Qin, but others would say that Qin Er Shi was a weak ruler, however the Han emperor who founded the Han dynasty understood the Yin and Yang of both the severity of Legalism and kindness of Confucianism.

 

[gangsta_rap]

and concubines whom they had children with would assassinate rulers.

 

[Menthol]

Subsequent Chinese dynasties were still Legalist, for example the replacing Han dynasty was said to be "Legalistic within, Confucius outside". Similarly it was Legalism that brought the end of Qin, but others would say that Qin Er Shi was a weak ruler, however the Han emperor who founded the Han dynasty understood the Yin and Yang of both the severity of Legalism and kindness of Confucianism.

Confucianism is good...

But it's hard to be implemented.

Some argue it's too idealistic rather than realistic.

In the end, a good system is a combination of both Confucianism and Legalism, while keep educating the population, so the aspect of Legalism is getting smaller year by year.

That is the perfect system in the world.


Just like the littering case.

At first, we enact a law to ban littering and will punish anyone who does it (Legalism).

Then we educate the population that littering is bad (Confucianism).

One day, no one is going to litter, because they are already educated, even if the law is erased, no one is going to litter.


One day everyone is going to be like modern Japanese.

Their clean city and civilized behavior are the world's envy.

 

[H. Dawary]

Confucianism is good...

But it's hard to be implemented.

Some argue it's too idealistic rather than realistic.

In the end, a good system is a combination of both Confucianism and Legalism, while keep educating the population, so the aspect of Legalism is getting smaller year by year.

That is the perfect system in the world.


Just like the littering case.

At first, we enact a law to ban littering and will punish anyone who does it (Legalism).

Then we educate the population that littering is bad (Confucianism).

One day, no one is going to litter, because they are already educated, even if the law is erased, no one is going to litter.


One day everyone is going to be like modern Japanese.

Their clean city and civilized behavior are the world's envy.

In principle I agree, however keep in mind that the reason why Qin was so successful was because of legalism and and the reason why it was a failure was also due to its brutal nature, and it needed the calming effect of Confucianism. Qin can be excused for adopting legalism as it was living in a dog eat dog world, warring states period, but there were no excuses thereafter.

Today we are again living in a chaotic world that China was in during the warring states period, with different nations all around the world vying for power. Legalism promises power, and the best example of a legalist nation today is North Korean, be it during war or peace, Legalism can promise that protection, albeit it will be very harsh towards the citizens. Which is why a state like North Korea is faring well against the Corona Virus, threats from USA, whereas a state like Japan would be a walk in the park.

What is important overall in this chaotic world? Power (Legalism)... or Kindness (Confucianism)?

 

[Menthol]

In principle I agree, however keep in mind that the reason why Qin was so successful was because of legalism and and the reason why it was a failure was also due to its brutal nature, and it needed the calming effect of Confucianism. Qin can be excused for adopting legalism as it was living in a dog eat dog world, warring states period, but there were no excuses thereafter.

Today we are again living in a chaotic world that China was in during the warring states period, with different nations all around the world vying for power. Legalism promises power, and the best example of a legalist nation today is North Korean, be it during war or peace, Legalism can promise that protection, albeit it will be very harsh towards the citizens. Which is why a state like North Korea is faring well against the Corona Virus, threats from USA, whereas a state like Japan would be a walk in the park.

What is important overall in this chaotic world? Power (Legalism)... or Kindness (Confucianism)?

In the long run, I still prefer kindness (Confucianism).

But if you want a fast result, power is more effective (Legalism).


We can see from the case of Singapore, which is the country where Deng Xiaoping learns from it to build China.

The secret of one generation from a poor country to a developed country, is through power.

To make Singapore to instantly become a developed country is to act like that by now.

It will take time to educate the people, that is why Singapore use laws.

Laws to make the people behave civilized, laws to make sure officials work right, instantly.

Total discipline with a bold plan.


After that, you need education and kindness to make it long-lasting.


Somehow, acting harshly for the sake of goodness is a good deed too.