Legism - what is it?

2024 Author: Henry Conors | [email protected]. Last modified: 2024-02-12 02:47

Many historians believe that China's first state ideologue is Confucianism. Meanwhile, legalism arose before this doctrine. Let us further consider in detail what legalism was in Ancient China.

General information

Legism, or, as the Chinese called it, the fa-jia school, was based on laws, so its representatives were called "legalists".

Mo-tzu and Confucius could not find a ruler through whose actions their ideas would be embodied. As for legalism, Shang Yang is considered its founder. At the same time, he is recognized not only and not so much as a thinker, but as a reformer, a statesman. Shang Yang actively contributed to the creation and strengthening in the middle of the 4th century. BC e. in the kingdom of Qin such a political system, in which, after more than 100 years, the ruler of Qin Shi Huangdi was able to unite the country.

Legalism and Confucianism

Until recently, researchers ignored the existence of legalism. However, as the work of the last few decades, including translations of the classics, has shown, the legalistic school has become the main rival of Confucianism. Moreover, the legalistic influence was not only not inferior in strength to Confucianism, but to a large extent determined the characteristic features of the thinking of officials and everything.state apparatus of China.

According to Vandermesh, during the entire period of the existence of Ancient China, any significant state event was under the influence of legalism. This ideology, however, unlike the teachings of Mo Tzu and Confucius, did not have a recognized founder.

Features of occurrence

The first Chinese bibliography included in the "History of the Early Han Dynasty" contains information that the doctrine of legalism was created by officials. They insisted on the introduction of strict punishments and certain rewards.

As a rule, along with Yang, the founders of ideology include Shen Dao (philosopher of the 4th-3rd centuries BC) and Shen Bu-hai (thinker, statesman of the 4th century BC). Han Fei is recognized as the greatest theoretician of the doctrine and the finalizer of the doctrine. He is credited with the creation of the extensive treatise Han Feizi.

Meanwhile, studies show that the immediate founder was Shang Yang. The works of Shen Bu-hai and Shen Tao are presented only in separate fragments. There are, however, several scholars who prove that Shen Bu-hai, who created the technique of controlling the work and testing the abilities of state officials, played no less a role in the development of legalism. This thesis, however, does not have sufficient justification.

If we talk about Fei, he tried to mix several directions. The thinker sought to combine the provisions of legalism and Taoism. Under somewhat softened legalistic principles, he tried to bring the theoretical basis of Taoism, supplementing them with some ideas taken from Shen. Bu-hai and Shen Dao. However, he borrowed the main theses from Shang Yang. He completely rewrote some chapters of the Shang Jun Shu into Han Fei Zi with minor cuts and changes.

Prerequisites for the emergence of the doctrine

Ideological founder Shang Yang began his activities in a turbulent era. In the 4th c. BC e. The Chinese states were almost continuously at war with each other. Naturally, the weak became victims of the strong. Large states have always been under threat. Rebellions could start at any moment, and they, in turn, escalate into a war.

One of the most powerful was the Jin dynasty. However, the outbreak of internecine wars led to the collapse of the kingdom. As a result, in 376 BC. e. the territory was divided into parts between the states of Han, Wei and Zhao. This event had a huge impact on the Chinese rulers: everyone took it as a warning.

Already in the era of Confucius, the son of heaven (supreme ruler) had no real power. Nevertheless, the hegemons at the head of other states tried to maintain the appearance of acting on his behalf. They waged aggressive wars, proclaiming them to be punitive expeditions aimed at protecting the rights of the supreme ruler and correcting negligent subjects. However, the situation soon changed.

After the appearance of Wang's authority disappeared, this title, which assumed dominance over all Chinese states, was appropriated in turn by all 7 rulers of independent kingdoms. The inevitability of the struggle became obviousbetween them.

In ancient China, the possibility of equality of states was not assumed. Each ruler was faced with a choice: to dominate or obey. In the latter case, the ruling dynasty was destroyed, and the territory of the country joined the victorious state. The only way to avoid death was to fight for dominance with neighbors.

In such a war, where everyone fought against everyone, respect for moral standards, traditional culture only weakened positions. Dangerous for the ruling power were the privileges and hereditary rights of the nobility. It was this class that contributed to the disintegration of the Jin. The key task of the ruler, who was interested in a combat-ready, strong army, was the concentration of all resources in his hands, the centralization of the country. For this, a reform of society was necessary: the transformations had to concern all spheres of life, from the economy to culture. This was how the goal could be achieved - to gain dominance over all of China.

These tasks were reflected in the ideas of legalism. Initially, they were not intended as temporary measures, the implementation of which is due to emergency circumstances. Legalism, in short, was to provide the foundation upon which the new society would be built. That is, in fact, there should have been an instantaneous degeneration of the state system.

The key theses of the philosophy of legalism were set forth in the work "Shang-jun-shu". Authorship is attributed to the founder of the ideology, Yang.

Sim Qian's notes

They provide a biography of the man who founded Legalism. Briefly describing his life, the author makes it clear howthis man was unprincipled and tough.

Yan was from an aristocratic family, coming from a small city-state. He tried to make a career under the ruling Wei dynasty, but failed. Dying, the chief minister of the state recommended that the ruler either kill Shang Yang, or use him in the service. However, he did neither the first nor the second.

In 361 BC. e. the ruler Qin Xiao-gong ascended the throne and called all capable people of China to his service in order to return the territory that once belonged to the kingdom. Shang Yang obtained a reception from the ruler. Realizing that talking about the superiority of the former wise kings plunged him into a dream, he outlined a specific strategy. The plan was to strengthen and strengthen the state through large-scale reforms.

One of the courtiers objected to Yang, saying that in public administration one should not neglect the customs, traditions, and customs of the people. To this, Shang Yang replied that only people from the street can think like that. The common man sticks to old habits, but the scientist is engaged in the study of antiquity. Both of them can only be officials and execute existing laws, and not discuss issues that go beyond the scope of such laws. A smart person, as Yang said, creates the law, and a stupid person obeys it.

The ruler appreciated the decisiveness, intelligence and arrogance of the visitor. Xiao Gong gave Yang complete freedom of action. Soon, new laws were passed in the state. This moment can be considered the beginning of the implementation of legalism theses in Ancient China.

The essence of the reforms

Legalism is, first of all, strict adherence to laws. In accordance with it, all the inhabitants of the state were divided into groups that included 5 and 10 families. All of them were bound by mutual responsibility. Whoever did not inform on the criminal was subjected to severe punishment: he was cut in two. The informer was rewarded in the same way as the warrior who beheaded the enemy. The person who hid the criminal was punished in the same way as the one who surrendered.

If there were more than 2 men in the family, and the division was not made, they paid a double tax. A person who distinguished himself in battle received a bureaucratic rank. People who engaged in private struggles and quarrels were punished depending on the severity of the act. All residents, young and old, had to work the land, weaving and other things. Manufacturers of large quantities of silk and grain were exempted from duties.

After several years, the reforms were supplemented by new transformations. Thus began the second stage in the development of legalism. This was manifested primarily in the confirmation of the decree aimed at the destruction of the patriarchal family. In accordance with it, adult sons were forbidden to live in the same house with their father. In addition, the administrative system was unified, weights and measures were standardized.

The general trend of the events was to centralize management, strengthen power over the people, consolidate resources and concentrate them in one hand - in the hands of the ruler. As they say in the "Historical Notes", in order to exclude any discussion of people, even those who praised the laws, they referred to remote borderterritory.

Capture of territories

The development of the legalism school ensured the strengthening of Qin. This made it possible to start a war against Wei. The first campaign took place in 352 BC. e. Shang Yang defeated Wei and took the lands adjacent to the Qin border from the east. The next campaign was undertaken in 341. Its goal was to reach the Huang He and capture the mountainous regions. This campaign was aimed at ensuring the strategic security of Qin from attacks from the east side.

When the Qin and Wei armies approached, Yang sent a letter to Prince Anu (Wei commander). In it, he recalled their long and long friendship, pointed out that the thought of a bloody fight was unbearable to him, offered to peacefully resolve the conflict. The prince believed and came to Yang, but during the feast he was captured by Qin soldiers. Left without a commander, the Wei army was defeated. As a result, the state of Wei ceded its territories to the west of the river. Huanghe.

The death of Shang Yang

In 338 B. C. e. Xiao Gong died. His son Hui-wen-jun, who hated Shang Yang, took the throne instead. When the latter learned of the arrest, he fled and tried to stop at a roadside inn. But according to the law, a person who gives an overnight stay to an unknown person must be severely punished. Accordingly, the owner did not let Jan into the tavern. Then he fled to Wei. However, the inhabitants of the state also hated Yang for betraying the prince. They did not accept the fugitive. Yang then tried to flee to another country, but the Wei people said that he was a Qin rebel and should be returned to Qin.

From the inhabitants of the inheritance provided for feeding by Xiao Gong, he recruited a small army and tried to attack the Zheng kingdom. However, Yang was overtaken by Qin troops. He was killed and his entire family was destroyed.

Books on Legalism

In the notes of Sima Qian, the writings "Agriculture and War", "Opening and Enclosing" are mentioned. These works are included as chapters in the Shang Jun Shu. In addition to them, there are some other works in the treatise, relating mostly to the 4th-3rd centuries. BC e.

In 1928, the Dutch sinologist Divendak translated the work "Shang-jun-shu" into English. In his opinion, it is unlikely that Yang, who was killed immediately after retiring, could write anything at all. The translator substantiates this conclusion by the results of studying the text. Meanwhile, Perelomov proves that it is Shang Yang's notes that are present in the oldest part of the treatise.

Text analysis

The structure of "Shang-jun-shu" reveals the influence of Mohism. The work attempts to systematize, in contrast to the manuscripts of the early Confucian and Taoist schools.

The dominant thought about the structure of the state machine, to a certain extent, in itself requires the division of textual material into thematic chapters.

The methods of persuasion used by the Legalist counselor and the Mohist preacher are very similar. Both of them are characterized by the desire to convince the interlocutor, which was the ruler. This characteristic feature is stylistically expressed intautologies, annoying repetition of the main thesis.

Key areas of theory

The whole management concept proposed by Shang Yang reflected hostility towards people, an extremely low assessment of their qualities. Legalism is propaganda of confidence that only through the use of violent measures, cruel laws can the population be accustomed to order.

Another feature of the doctrine is the presence of elements of a historical approach to social phenomena. Private property interests, which the new aristocracy tried to satisfy, came into conflict with the archaic foundations of communal life. Accordingly, the ideologists appealed not to the authority of traditions, but to a change in social conditions.

Contrasting themselves with the Confucians, Taoists, who called for the restoration of the former order, the Legalists proved their futility, the impossibility of returning to the former way of life. They said that it was possible to be useful without imitating antiquity.

It must be said that the legalists did not investigate the actual historical processes. Their ideas reflected only a simple opposition of present conditions to the past. The historical views of the followers of the doctrine ensured the overcoming of traditionalist views. They undermined the religious prejudices that existed among the people and thus prepared the ground for the formation of a secular political theoretical base.

Key Ideas

Legalist adherents planned to carry out large-scale political and economic reforms. In the sphere of government, they intended to concentrate the fullness of power in the hands of the ruler, deprivinggovernors of powers and turning them into ordinary officials. They believed that a smart king would not condone turmoil, but would take power, establish a law, and use it to restore order.

It was also planned to eliminate the hereditary transfer of posts. It was recommended to appoint to administrative posts those who proved loy alty to the ruler in the army. To ensure the representation of the we althy class in the state apparatus, the sale of posts was envisaged. At the same time, business qualities were not taken into account. The only thing needed from the people was blind obedience to the ruler.

According to the legists, it was necessary to limit communal self-government and subordinate family clans to local administration. They did not deny communal self-government, however, they promoted a set of reforms, the purpose of which was to establish direct control of state power over citizens. Among the main activities, it was planned to zoning the country, the formation of a local bureaucracy, etc. The implementation of the plans laid the foundation for the territorial division of the people of China.

Laws, according to legalists, should be the same for the entire state. At the same time, the application of legislation instead of customary law was not supposed. Repressive policies were considered law: criminal pen alties and administrative orders of the ruler.

As for the interaction between the authorities and the people, it was considered by Shang Yang as a confrontation between the parties. In an ideal state, the ruler exercises his powers with the help of force. He is not associated with anylaws. Accordingly, there was no talk of civil rights or guarantees. The law acted as a means of preventive, intimidating terror. Even for the most insignificant offense, according to Yang, it was necessary to punish with death. The punitive policy was supposed to be supplemented with measures to eradicate dissent and stupefy the people.

Consequences

The official recognition of the doctrine, as mentioned above, allowed the state to strengthen itself and begin the conquest of territories. At the same time, the spread of Legalism in Ancient China also had extremely negative consequences. The implementation of the reforms was accompanied by increased exploitation of the people, despotism, the cultivation of animal fear in the minds of subjects, and general suspicion.

Taking into account the dissatisfaction of the population, Yang's followers abandoned the most odious provisions of the doctrine. They began to fill it with moral content, bringing it closer to Taoism or Confucianism. The views reflected in the concept were shared and developed by prominent representatives of the school: Shen Bu-hai, Zing Chan and others.

Han Fei advocated supplementing existing laws with the art of public administration. In fact, this pointed to the insufficiency of severe punishments alone. Other means of control were also needed. Therefore, Fei also spoke with partial criticism of the founder of the doctrine and some of his followers.

Conclusion

In the 11th-1st centuries. BC e. a new philosophy emerged. The concept was supplemented by the ideas of legalism and established itself as the official religion of China. new philosophybecame Confucianism. This religion was propagated by civil servants, "well-mannered or enlightened people." The influence of Confucianism on the life of the population and the system of state administration turned out to be so strong that some of its signs are also manifested in the lives of the citizens of modern China.

The Moist school began to gradually disappear. Taoism was influenced by the ideas of Buddhism and local beliefs. As a result, it began to be perceived as a kind of magic and gradually lost its influence on the development of state ideology.