Legalism (Chinese philosophy)
Template:Short description Template:Multiple issues Template:Use dmy dates Template:Infobox Chinese
Template:Chinese Legalism Fajia (Template:Lang-zh), or the School of fa (incl. law, method),Template:Sfnm often translated Legalism,Template:Sfnm was a bibliographic school of primarily Warring States period classical Chinese philosophy, including more administrative works traditionally said to be rooted in Huang-Lao Daoism. Addressing practical governance challenges of the unstable feudal system,Template:Sfnm their ideas 'contributed greatly to the formation of the Chinese empire' and bureaucracy,Template:Sfn advocating concepts including rule by law, sophisticated administrative technique, and ideas of state and sovereign power.Template:Sfnm They are often interpreted along realist lines.Template:SfnmTemplate:Sfnm Though persisting, the Qin to Tang were more characterized by the 'centralizing tendencies' of their traditions.Template:Sfn
The school incorporates the more legalistic ideas of Li Kui and Shang Yang, and more administrative Shen Buhai and Shen Dao,Template:Sfnm with Shen Buhai, Shen Dao, and Han Fei traditionally said by Sima Qian to be rooted in Huang-Lao (Daoism).Template:Sfnm Shen Dao may have been a significant early influence for Daoism and administration.Template:Sfnm These earlier currents were synthesized in the Han Feizi,Template:Sfn<ref>Template:Harvnb Although a given in the west, Chinese scholars did not regard the entire Han Feizi as written by Han Fei either. They regarded the pseudonymous Han Fei as one major author. It likely includes the sympathetic material of at least one other later emissary. The Daodejing commentaries are typically taken as addendums.</ref> including some of the earliest commentaries on the Daoist text Daodejing. The later Han dynasty considered Guan Zhong to be a forefather of the school, with the Guanzi added later. Later dynasties regarded Xun Kuang as a teacher of Han Fei and Qin Chancellor Li Si, as attested by Sima Qian,Template:Sfnm approvingly included during the 1970s along with figures like Zhang Binglin.Template:Sfn
With a lasting influence on Chinese law, Shang Yang's reforms transformed Qin from a peripheral power into a strongly centralized, militarily powerful kingdom, ultimately unifying China in 221 BCE. While Chinese administration cannot be traced to a single source, Shen Buhai's ideas significantly contributed to the meritocratic system later adopted by the Han dynasty. Sun Tzu's Art of War recalls the Han Feizi's concepts of power, technique, wu wei inaction, impartiality, punishment, and reward. With an impact beyond the Qin dynasty, despite a harsh reception in later times, succeeding emperors and reformers often recalled the templates set by Han Fei, Shen Buhai and Shang Yang, resurfacing as features of Chinese governance even as later dynasties officially embraced Confucianism.<ref>Shang Yang's mutual responsibility groups for instance were not a permanent feature of Chinese governance, but were implemented in times of disorder as late as Ding Richang, with "Baojia" or mutual responsibility a likely example. Mutual responsibility existed in Li Shanchang's time before a new dynastic legal code was drawn up.</ref>
Imperial Library category
One of early Han dynasty historian Sima Tan's (165–110 BCE) six schools of thought discussing approaches to governance in the last chapter of the Shiji Records of the Grand Historian, Yaozhi or Essential Points,Template:Sfnm Fajia or "fa school" had no figures associated with it in the Shiji. Sima Tan coined it as a flawed category in a manifesto arguing for "Daojia", or a syncretic political "Daoism", as supposedly adopting the best elements of the schools.Template:Sfnm Daojia comes to mean Daoism, referring to Laozi and Zhuangzi, between around a hundred years after Sima Qian, and the third century A.D., when the Zhuangzi was regaining popularity.Template:SfnmTemplate:Sfnm
Han scholar Liu Xiang (77–6 BCE) used Fajia as a category of Masters Texts when he established the imperial library,Template:Sfn becoming a major category in Han dynasty catalogues, namely the Han state's own Book of Han (Hanshu, 111ce), Journal of Literature Chapter 30. Alongside the Book of Lord Shang, Shen Buhai, Shen Dao and the Han Feizi,Template:SfnmTemplate:Sfnm six other texts were listed under it, now lost,Template:Sfnm including Li Kui and Han minister Chao Cuo (Hanshu CH1), leaving four unidentifiable works.Template:Sfn With Guan Zhong only officially associated later, the Hanshu considered Li Kui the first of broader works on regulations, influencing Shang Yang.Template:Sfn<ref>Footnote 18</ref>
While the Book of Lord Shang did have disciples,Template:Sfn those the Confucian archivists grouped under Fajia in the Hanshu book catalogue probably never formed organized schools to the extent of the Confucians or Mohists.Template:Sfnm Before the Han Feizi, which discusses them together, Shang Yang and Shen Buhai were relatively contemporary,Template:Sfn but influential in different places and times, with no singular doctrine.Template:Sfn The Confucians grouped such texts together under what they called the fa school, seeing them as sharing an interest in fa.Template:Sfnm In the Sui dynasty, even authors who appear to have considered themselves Confucian were categorized under the fa school, including the Essentials for our Age attributed to Huan Fan.Template:Sfn
Amongst broader arguments, Jia Yi only blamed Shang Yang's doctrine for the faults of Qin under the fifth Emperor Wen of Han.Template:Sfnm Apart from Shang Yang,Template:Sfnm there would have been a period in the Han when these figures were becoming associated with Tan's fa school, but not yet all with a harsh penal legalism.Template:Sfnm A pairing of Shen Buhai with Shang Yang from the Han Feizi contributes to a confused conflation of Fajia with a harsh Shang Yangian Legalism.Template:Sfnm While Sima Tan conceived Fajia as extending to all, it was philosophically broader than law,Template:Sfn pertaining to office divisions.Template:Sfn In Shen Buhai and the Han Feizi, these are not primarily legal in origin.Template:Sfn
- Sima Ta Tan praises Fajia for honoring rulers, and subordinating subjects, clearly distinguishing offices so that no one oversteps [his responsibilities]. He described the fa school (Fajia) as emphasizing fa administrative protocols that ignore kinship and social status, treating everyone equally and thereby elevating the ruler above humanity. Defining kindness as judging people differently, Tan criticizes Fajia as strict with little kindness, as a temporary policy that could not last.Template:SfnmTemplate:Sfn
- Included in the Book of Han by Ban Gu, Liu Xin adds that Fajia likely originated in an ancient Zhou Dynasty department of prisons (or justice, in Feng Youlan's more positive reading) "make reward certain and punishment unavoidable, as a support to control by (Confucian) ceremony", reject teaching and benevolence, and concern for others, aiming to perfect government relying only on punishment and law, inflicting corporal punishment even on closest kin, and demeaning mercy and generosity. Feng Youlan's early scholarship considered this a legitimate attempt at history, but not an accurate one.Template:Sfnm
Commentary
Apart from Shang Yang (and his predecessor Li Kui),Template:Sfn a division of texts into schools most notably sorts works that can themselves be associated with a concept of Huang-Lao syncretic political "Daoism" in the Shiji, differing from Daoism as later understood. Shen Buhai and Han Fei are themselves associated with Laozi and Zhuang Zhou in the Shiji,Template:Sfnm ranking Laozi and Zhaungzi over Shen Buhai and Han Fei.Template:Sfn A confused conflation between the Qin dynasty and punishment as advised by Shang Yang and then the Han Feizi contributes to them being conceptually split off.Template:Sfnm With the rise of Confucianism, what Tan called the Dao school (Daojia "Daoism") was redefined as rejecting "ritual learning, and abandoning humanity and duty, saying that the employment of purity and vacuity alone can be used to rule."Template:Sfn
Although described as strict, Sima Tan (and evidently Liu Xiang) "clearly" understood that standards (fa) were used in the administration, and not just harsh penal law like Shang Yang.Template:Sfnm They were not however all considered strict until they were associated with Tan's fa school.Template:Sfnm The Han Feizi advocates precisely defined, mechanically strict administration at the end of the Warring States period.Template:Sfnm More closely resembling Han dynasty level conceptual thinking, the Han Feizi's strict mechanical functioning is not evident earlier, including by Han Fei's predecessor Shen Buhai.Template:Sfn
According to the Pei Yin commentaries, Liu Xiang says Shen Buhai aimed to eliminate punishment relying on supervisory technique (shu).Template:Sfnm His contemporaries literally titled him and his doctrine (Extends/Speaks 申) no harm (Buhai) 不害, an idea shared with Shen Dao and Laozi.Template:Sfn The "Daoist" Shiji regarded him as implementing the Way in defense of the Hann state,Template:Sfn ranking him just below Laozi and Zhuangzi.Template:Sfn Herrlee G. Creel emphatically insisted he was not a harsh penal Legalist. While the Han Feizi likely understates Shen Buhai, contrasting him with Shang Yang, it did not regard him as effective or apt a legal reformer, neither consolidating the laws, nor unifying the regulations and ordinances. However, ancient Confucian bibliographic classifications arguably "do not pretend" to be uniformly precise, or "imply strict separation."Template:SfnmTemplate:Sfnm
Law as supporting control by ceremony reflects a Confucian perspective.Template:Sfn However, despite some early anti-Confucianism in the Book of Lord Shang and Han Feizi, this is not entirely inaccurate. Because fa penal law supplemented rather than entirely replaced ritual norm in practice, they were not entirely separate.Template:Sfnm The late Warring States Guanzi text sees law as originating in ritual norm and practice.Template:Sfn While the Book of Lord Shang is rarely utopian, it admits peace could bring a return to morality.Template:Sfn
Like the Confucians, Sima Qian characterizes Shang Yang, Han Fei, Li Si and Chao Cuo harshly,Template:Sfn with the Book of Lord Shang's early chapters of 3,4 & 11 criticizing such "fundamental moral norms" as "benevolence, righteousness, filiality, fraternal duty, trustworthiness, and honesty."Template:Sfn A couple chapters of the Han Feizi "eschew grace and benevolence"(35,47),Template:Sfnm and the work does recommend execution for the violation of offices, as does King Wu of Zhou in the Book of Documents.Template:Sfn Warning the ruler against coups, despite its cynicism and severity, the Han Feizi upholds loyalty and filial piety, expecting that a reliable law will allow relations with ministers as human beings.Template:SfnTemplate:Sfn
The Han Feizi's combination
Propelling the Qin state to power in the early Warring States period,Template:Sfn Shang Yang and the Book of Lord Shang had disciples, but neither he nor Shen Buhai see the same level of interstate visibility as Shen Dao in the early period.Template:SfnmTemplate:Sfn Ideas associated with them become more renowned later in the period as past statesmen,Template:Sfnm and through the Han Feizi,Template:Sfnm as Shang Yang's first preserved reference outside the Book of Lord Shang.Template:SfnmTemplate:Sfn
While it is possible the idea of a fa school preceded the Han Feizi,Template:Sfn the rare term Fajia likely only meant "law-abiding families" in Mencius's time, and later something like "methods expert in economic affairs" in the Guanzi.Template:Sfnm The Han Feizi's chapter 43 ("Ding fa" 定法) presents Shen Buhai and Shang Yang as two different schools (jia), with Shang Yang more focused on fa as including law, and Shen Buhai fa (administrative) method, differentiated as Shu technique.Template:SfnmTemplate:Sfnm Shen Dao is discussed by the Han Feizi's chapter 40 for his views on shi power,Template:Sfnm depicting his doctrine as akin to a dragon floating on clouds.Template:Sfn
Dubbing Shang Yang's followers a school of fa law "Legalism", focusing on law, ordinances, decrees, reward and punishment, the Han Feizi is the closest indication that anyone used the term in the period. A Han dynasty conception they belonged together develops out of its influence.Template:SfnTemplate:Sfnm Despite contrasting them with each-other and its own ideas,Template:Sfnm their combination likely stems from its combined discussion,Template:SfnmTemplate:Sfnm contributing to their association,Template:Sfnm and a Shang Yangian Legalist interpretation of what the Confucians later called the Fa school,Template:Sfnm taking Shang Yang as exemplar.Template:Sfn
Shen Buhai is glossed together with Shang Yang and the Qin dynasty in the Salt and Iron Debates as a second Shang Yang from the Hann state. Shen Buhai and then Han Fei are gradually combined with Shang Yang,Template:Sfnm and the Qin dynasty.Template:Sfnm When the later Han dynasty Confucian scholars grouped together texts discussing philosophies of law and governance,Template:Sfn they grouped the Han Feizi and its predecessors under a broader fa school (Fajia),Template:Sfn likely based on the Han Feizi and its influence. Though the scholar Liu Xiang could still tell the difference between them, the broader fa school becomes confused together with Shang Yang as kin to a Shang Yangian Legalism.Template:Sfnm
Late combination
A view of history with a Legalism school based on the Han Feizi would not necessarily produce an accurate view of the Warring States period.Template:Sfn A misreading of the Han Feizi historically gives Shang Yang an appearance of leading a Legalist fa school with Shen Buhai.Template:Sfnm The Hanshu considers Li Kui the first of them.Template:Sfn<ref>Footnote 18</ref> At least in the sense of meritocratic governance, Shen Buhai would more likely have been familiar with earlier reformers, like Zichan, Li Kui, or Chu state reformers;Template:SfnmTemplate:Sfn the Han Feizi recalls Chu state reformer Wu Qi.Template:Sfn With Zichan a significantly influential figure, the Huangdi Sijing is also relatable with Guan Zhong and Zichan associated ideas.Template:Sfnm
As chancellors of neighboring states,Template:Sfnm Shen Buhai and Shang Yang's doctrines would have intersected before imperial unification, and the Han Feizi is Shang Yang's first preserved external reference. The Han Feizi would suggest that works, laws and methods associated with Shang Yang and Guan Zhong may gone into broad circulation at that late time, the period likely knowing little of him before that time.Template:Sfnm Long after Shang Yang's legal reforms, the Book of Lord Shang's final chapter suggests that the late pre-imperial Qin may have already established a more complex legal system consistent with the Qin dynasty. But it would only just have been implemented,Template:Sfn and the Book of Lord Shang did not have much idea what a dynasty based on fa would look like in peace.Template:Sfn Ultimately, the Confucians criticize Qin for failing to adapt to peace.Template:Sfn
With Shang Yang's ideas at least relatively new to the Han Feizi, there was no shared practical Legalist school between them in their own times. Inasmuch as they abandoned Confucianism, their theories would have been relatively new, remaining incomplete in the Han Feizi. Aspiring to a state with unified law, wealth, and military power at the end of the Warring States period, the Han Feizi surpasses its predecessors as an abstract theory of state,Template:Sfnm advocating clear rules and legal officials as intending to simplify rule by standardizing it. Contrasted with attempts to know everything, they allow the ruler to follow after affairs using standardized procedural technique (shu) adapted from Shen Buhai.Template:Sfnm Pulling on a concept from Shen Dao, the Han Feizi considers an increase in the shi power and authority of the ruler necessary before legal reform could actually be carried out.Template:Sfnm
While the late Qin's Lushi Chunqiu encyclopedia is familiar with Shen Buhai,Template:Sfnm the Qin dynasty did still diverge significantly from earlier ideas. A late Han notion of them as following Legalists would be an oversimplification,Template:Sfn based on a reading of the Hanshu's book catalogue and Dong Zhongshu biography (ch56).Template:Sfn Early parts of the Book of Lord Shang express anti-Confucianistic sentiments, but to an extent, the Qin went on to be influenced by shared similar values.Template:Sfnm Militarism was a major viewpoint of the Qin, but was not included in the older list of schools, because Sima Tan did not consider it a useful point of comparison.Template:Sfn
Legalists or administrators?
Used in reference to Fajia or "School of fa",Template:Sfnm it is not known where the term Legalism comes from.Template:Sfn Taking Shang Yang as example, Joseph Needham (1954) used the term Legalism in reference to a positive law interpretation of fa, specifying such things as regulations for roads.Template:Sfnm Although the term Legalism has still seen some conventional use in recent years, such as in Adventures in Chinese Realism, apart from its anachronism, scholarship has avoided it for reasons dating back to Herrlee G. Creel's 1961 Legalists or Administrators?.Template:Sfn
The Han Feizi presented Shang Yang as focused primarily on fa standards as including law, and Shen Buhai fa (standards) in the administration, differentiating it as (administrative) technique (shu). Creel translated Shen Buhai's fa as method,Template:SfnmTemplate:Sfnm presenting him as perhaps the "first systematic theorist of organizational and managerial science", with a hierarchical, merit based appointment of ministers, and apart from the Han Feizi, a historical following opposing harsh penal law.Template:Sfnm
Generally, the use of fa (standards) in the administration does not automatically imply punishment.Template:Sfn Han Fei and Shen Dao make some use of fa (standards) akin to law, and some use of reward and punishment, but often use fa similarly to Shen Buhai: as an administrative technique. Shen Buhai uses fa (standards) to compare official's duties and performances, and the Han Feizi often emphasizes fa in this sense. With a particular quotation from the Han Feizi as example:Template:Sfnm
From a modern viewpoint, Shen Buhai could be argued a Legalist inasmuch as his ruler follows guidelines.Template:Sfnm Internally, Han Fei could consider this a victory for fa method.Template:Sfn They probably did not see it as literal Legalism.Template:Sfn Apart from contracts,Template:Sfn and what law Shen Buhai did make,Template:Sfn the guidelines Shen Buhai's ruler consulted (fa) were secret,Template:Sfnm internal bureaucratic operations,Template:Sfnm protecting him against the ministers.Template:Sfn Externally, the Han Feizi contrasts Shen Buhai and shu technique with Shang Yang's fa as including law,Template:Sfnm and with law as clear and public.Template:Sfnm
Fa method, or Shu technique as termed in the Han Feizi, help Shen Buhai and his ruler interpret information,Template:Sfn define qualifications and duties,Template:Sfn and make it more difficult for ministers to lie.Template:Sfn Although seeking more law, the Han Feizi comes from an environment of dangerous ministers seeking to reward and punish. Like Shen Buhai, this makes it more concerned with managing ministers than the people, and monopolization the key to power.Template:Sfn It advocates legal reform as facilitating standardized technical procedure in streamlining ministerial operations.Template:Sfnm
The Han Feizi's choice to include law is not accidental, and is at least indirectly intended to benefit the people, insomuch as the state is benefited by way of order. It can (or has, by a law expert rather than Sinologist) be compared to a legislative rule of law inasmuch as it develops beyond purposes serving those of simply the ruler, operating separately from him once established. Han Fei says: "The enlightened ruler governs his officials; he does not govern the people." The ruler cannot jointly govern the people in a large state. Nor can his direct subordinates themselves do it. The ruler wields methods to control officials.Template:Sfnm
Doctrines of names
Following the Han Feizi,Template:Sfnm Shang Yang, Shen Buhai and Han Fei were often identified under the Han Feizi's "Xing-Ming" doctrine of "forms and names" as a subset of shu technique.Template:Sfnm including by Sima Qian.Template:Sfnm It would serve as a secondary moniker for them.Template:Sfn Combined with Shang Yang, the meaning of Xing "performance" is gradually lost as punishment, so that Shen Buhai would look more like Shang Yang.Template:Sfnm Popular in the Han dynasty, the Xunzi preceding the Han Feizi likely had a distortive effect.Template:Sfn With a "Way of the Ruler" chapter like the Han Feizi,Template:Sfn its introduction was the only work to use the term as "the names of punishments".Template:Sfn Recalling Liu Xiang, Pei Yin's commentaries demonstrate some understanding of Shen Buhai again in the fifth century.Template:Sfnm
Though considering shu a later term, Creel largely reflects a traditional understanding of him, with shu techniques like controlling the levers of power, appearing inactive but acting decisively when needed, hiding motivations, power and intelligence to avoid exploitation, appointing by merit, thwarting ministerial power, and only giving orders that would likely be obeyed.Template:Sfn The broader techniques contribute to a view of Shen Buhai as based in deception, present throughout the Han Feizi, but was focused on administration.Template:SfnTemplate:Sfnm
Recalling Shen Buhai, chapter 43 considered administrative standards or method (fa) necessary, differentiating it under the term shu 术 (administrative) technique.Template:Sfnm Shu is defined here as examining or testing the abilities of ministers, appointing candidates in accordance with their capabilities, holding ministerial achievements or "performance" (xing "forms") accountable to their proposals or "titles" (ming "names") as becoming offices, and grasping fast the handles of life and death in his own hands.Template:Sfnm Chapter 5 links the idea to the Way, while Xing-Ming as connected to reward and punishment is a doctrine of the Han Feizi's Chapter 7.Template:Sfn
Though its later term is the Han Feizi's,Template:Sfnm retrospectively, Xing-Ming may be considered Shen Buhai "most important administrative contribution", in the sense referring to his line of practice.Template:Sfn Arguably a central concept in the Han Feizi,Template:Sfn it is at minimum a "crucial element".Template:Sfnm Sinologist Goldin compared it to a "bid for contracts", allowing ministers to appoint themselves to "titles", or offices.Template:Sfnm The Han Feizi's Chapters 5 "Way of the Ruler" and Chapter 7 "Two Handles" have examples of its doctrine,Template:Sfn included under shu technique in chapter 43.Template:Sfnm
Creel argued: Han Fei from the late Hann state probably knows about his predecessor Shen Buhai, and past prime minister Shang Yang from the neighboring Qin.Template:Sfn But the Han Feizi's Shang Yangian legal component is arguably more theoretical.Template:Sfnm The Han Feizi's chapter 5 introduction to its own version of Xing-Ming administration includes specific practical recommendations, and is not just theoretical.Template:Sfn However, Han Fei likely would have considered its "impersonal governance" a suitable foundation for legal reform, as the Han Feizi says, once order is established.Template:Sfn
Monopolizing the Two Handles of reward and punishment to prevent usurpation, chapter 7's reward and punishment are dispensed based on the performance of bureaucratic roles. Their "most detailed application" is in connection with fa standards as promises ministers propose themselves. In older scholarship, this would make it an argument against older, primarily legal positivist interpretations of the work,Template:Sfn developing out of a non-penal practice that would not have required law.Template:Sfn
Sima Qian's inclusion of Shang Yang gives the impression he was familiar with the same doctrine;Template:Sfn while there is no evidence Shang Yang literally studied Shen Buhai,Template:Sfn the Book of Lord Shang does have "doctrines of names".Template:Sfnm
Sima Qian's Shiji attests the First Emperor as proclaiming Xing-Mings's practice.Template:Sfn Though it is questionable that Xing-Ming was an integrated part of a legal system in Shen Buhai's time,Template:Sfn it arguably is in Sima Qian's model of the Qin empire.Template:Sfn
Agriculture and war
Template:See also Michael Loewe's 1986 Cambridge History still considered fa law a first principle of the Book of Lord Shang, upholding state power. Relying on group responsibility in the early period, Shang Yang's fa has both rewards and punishments. But Loewe considered Shang Yang's major aim a "unified, powerful state, based on an industrious peasantry and disciplined army", establishing a hierarchy of military ranks carried over into agriculture in the late period.Template:Sfn Agriculture and war may have been Shang Yang's "single most important slogan."Template:Sfnm Though Xun Kuang is probably accurate in considering Shen Dao to be focused on fa administrative standards,Template:Sfnm his secondary subject of shi or "situational authority", of which he is spoken in Chapter 40 of the Han Feizi, is incorporated in The Art of War.Template:SfnTemplate:Sfnm
By the early Warring States period the kings had become more powerful, recruiting officials with an aim to advance universal census, taxes, agriculture, and finally universal military service as part of mobilization efforts. The only surviving work of its kind, the Book of Lord Shang represents an extreme example of this early mobilization. Extending to the population, the Qin organized society on a military basis as familial, mutual responsibility groups of five and ten for military recruitment. This military reorganization shaped its overall policy.Template:Sfnm Sima Qian considered its reform the first of Shang Yang's accomplishments.Template:Sfn
Prime ministers Shen Buhai and Zichan were both concerned with the recruitment of ministers and defense. A figure in the Stratagems of the Warring States, although not the primary focus of his administrative treatise, Shen Buhai was both a diplomat and military reformer, at least for defense. Said to have maintained the security of his state, he was noted historically both for bureaucracy and making the Hann state's military strong. Han Fei may criticize Shen Buhai compared with Shang Yang, but the Strategems and Sima Qian considered defense of the Han state a major consequences of, conversely, his foreign policy and administrative reforms.Template:SfnTemplate:Sfn
Alongside standardized penal law, Shang Yang and Han Fei's (desired) ruler oversee colonization, taxes, the military, and for Han Fei, administration of the bureaucracy, allowing accountable ministers to volunteer themselves to office on the basis of proposals. Considering them harmful to such ends, Han Fei opposes traditional privileges, demagoguery, tyranny, and corvée.Template:Sfnm Yuri Pines takes Shang Yang's "overarching commitment" as a centralized, "rich state and powerful army", with an to aim "unify all under heaven" and establish the next dynasty. Rule by fa standards and penal punishments are secondary to victory.Template:Sfn
Loewe considered Shang Yang's economic and political reforms unprecedented, far more significant than his personal military achievements. But he was arguably as much a military reformer, possibly even standardizing the road network for military purposes, and did personally lead Qin to victory over Wei. The Han also recognized him as a military strategist. A work attributed to him, possibly the same, is also listed under the Han Imperial Library's Military Books under Strategists.Template:Sfnm The Han Feizi contrasts Shang Yang with Shen Buhai,Template:Sfnm but pairs Shang Yang with general Wu Qi from the Chu state as a model reformer;Template:Sfn Wu Qi's reforms were just not as successful as Shang Yang's.Template:Sfn
Pines takes the Book of Lord Shang's primary doctrine to be that of connecting people's inborn nature or dispositions (xing 性) with names (ming 名). With Shang Yang said to have reformed Qin law, the Book of Lord Shang does not believe that fa laws will be successful without "investigating the people's disposition." The work recommends enacting laws that allow people to "pursue the desire for a name", namely fame and high social status, or just wealth if acceptable. Ensuring that these "names" are connected with actual benefits, it was hoped that if people can pursue these, they will be less likely to commit crimes, and more likely to engage in hard work or fight in wars.Template:Sfn
Late intersection
Template:Further Located to the then-remote mountainous west in relation to central China, the early Qin state was relatively insignificant before Shang Yang's reforms, increasing in power drastically thereafter.Template:Sfnm But early Central Chinese thinkers were likely not familiar with him as a school;Template:Sfn or, at least, do not discuss him or associated writings in preserved texts,Template:Sfn with the late Han Feizi their first preserved reference outside the Book of Lord Shang.Template:Sfn
Nor would Shen Buhai seem as influential as Shen Dao until later in the period.Template:Sfn The Han Feizi recalls what it termed Shen Buhai's Shu technique as earlier a more secretive doctrine of the Hann state kings.Template:Sfnm The Huangdi Sijing would have to be argued into his time period,Template:Sfn but the work has more is more concerned law than the early Shen Buhai, with more developed natural law arguments.Template:Sfnm<ref>Wang explicitly differentiates Shen Buhai's Xing-Ming current from that of Sijing along these lines; 344 recalls Pereenboom 1993</ref>
However, Han Fei probably understates Shen Buhai's achievements as compared with Sima Qian.Template:Sfnm Xun Kuang felt it necessary to criticize him in the later period.Template:Sfnm The Han Feizi recalls Shen Buhai's ideas alongside Laozi in Chapter 5.Template:Sfnm Reversing their traditional chronology, Sinologist Herrlee Creel speculated that Shen Buhai might have influenced Laozi and Zhuangzi. Though the Zhuangzi references Shen Dao instead,Template:Sfnm it does incorporate similar Xing-Ming ideas to Shen Buhai in its "Way of Heaven" chapter.Template:Sfnm Shen Buhai's wu wei employment of ministers more evidently influences the Daoistic Huainanzi in the Han dynasty.Template:Sfnm
Preceding Han Fei, the late Xunzi is familiar with Shen Buhai, Shen Dao, and the Qin, but not Shang Yang.Template:Sfnm Sometimes compared with Shang Yang modernly, the late Guanzi has comparable "Xing-Ming" administrative doctrines to Han Fei.Template:Sfn The Huangdi Sijing has influences comparable to Shen Buhai, Shen Dao and Han Fei, but with direct Shen Dao influences most evident.Template:Sfnm Seeking to "comprehend all knowledge" akin to the later Shiji,Template:Sfn the late Qin state's encyclopedic Lushi Chunqiu incorporates a selection from Shen Buhai's doctrine.Template:Sfnm
Shiji
A partisan of what Sima Tan called Daoism, Sima Qian could be expected to argue from its point of view. The itself term likely referring to both dao and de, it does not have the exact same meaning as what is later called Daoism.Template:Sfn
Though characterizing Shang Yang as "a man of little kindness",Template:Sfn Sima Qian may well not have regarded Fajia as referring to Shang Yang and Han Fei, simply giving Shang Yang his own chapter.Template:Sfn Recalling Shang Yang and Shen Buhai from the Han Feizi, Sima Qian's Shiji blames Li Si as abusing Shen Buhai's doctrine under the Second Emperor, depicting them as restoring the old harsh penal law of Shang Yang.Template:Sfn But the Shiji regards Shen Buhai as implementing the Way in his own time.Template:Sfn Shen Buhai has still modernly been argued to have been a more cooperative figure than Han Fei.Template:Sfn
Although considering Han Fei cruel,Template:Sfn Sima Qian discusses him and Shen Buhai alongside Laozi and Zhuangzi,Template:Sfnm taking them as originating in dao ("the Way") and de (inner power, virtue), or "the meaning of" the Way and its virtue (Daodejing).Template:Sfnm Sima Qian considered Laozi the most profound of them, but of the four, places Shen Buhai just below Laozi and the free-spirited Zhuangzi.Template:Sfn
Later termed Daoist, A.C. Graham takes the Zhuangzi as preferring a private life, while the Daodejing (Laozi) contains an art of rule. Xun Kuang does not perceive the two as belonging to one school in his time, listing them separately.Template:Sfnp Sima Qian attested Shen Buhai, Shen Dao and Han Fei as "rooted" in Huang-Lao or "Yellow Emperor and Laozi (Daoism)".Template:Sfnm Hence, Shen Buhai is said to be rooted in a kind of ruler or (Yellow Emperor) centered, Laozi "Daoism" in the Shiji.Template:SfnmTemplate:Sfn
Synonymous with Daojia ("Daoism") in the Shiji, Tan's "Dao school" bears more resemblance to what they described as Huang-Lao than a Laozi-Zhuangzi Daoism.Template:Sfnm From the Outer Zhuangzi's perspective, the period has early comparable figures like Shen Dao, ranked before Laozi and Zhuangzi. If he preceded Laozi, the early period does not know a Daoist school as such per se, instead stemming from such currents as his.Template:Sfnm
Wu wei
Traditionally taken as (Laozi) Daoist rooted via Sima Qian, some earlier modern Chinese scholars especially would take Sima Qian's account as factual, based on comparison. Unanimously accepted as Daoist-rooted in early scholarship, Sinologist Herrlee G. Creel did not believe that Shen Buhai was a (Laozi) Daoist in his own time, questioning their chronology. Somewhat Confucianistic, Shen Buhai most resembles the Han Feizi, and may have preceded the Daodejing. But if so, he does bear a "striking" resemblance to Laozi.Template:Sfnm
Though scholar Pei Wang primarily treats the similarities and differences of Laozi, the Huangdi Sijing and Han Feizi, at least in review with Pei Wang, Yuri Pines Dao Companion to China's fa tradition modernly expresses openness that that early thinkers like were "indebted" Shen Buhai to Laozi.Template:Sfn If he was, he is significantly more administrative, emphasizing "inactivity" as "holding the levers of power", while delegating routine managerial functions. He emphasizes the internal tranquility of the ruler, but advocates a system of tallies with reliable ministers as its aid.Template:Sfn
Zhuangzi typically refrains from actions more generally, but Laozi and Shen Buhai do share a similar idea of wu-wei (non-action) in the sense of using it as a governmental technique.Template:Sfn 'Underlying' the management of ministers,Template:Sfn Shen Buhai and Han Fei have ideas of wu wei differing from Laozi and Zhuangzi, inasmuch as Chancellor Shen Buhai and his ruler only "demonstrate" non-action, rather than actually being inactive.Template:Sfn
Creel elaborated a similar relationship with Confucius, and Shen Buhai may well have been influenced by Confucius. Shen Buhai and Confucius both emphasize selecting able ministers, but Shen Buhai "drastically" revises the idea by vigilantly overseeing their performance. Not involving in details, or ministers' duties or functions, Shen Buhai's wu-wei "inactivity" benefits the ruler by allowing him to supervise the government in the first place.Template:SfnTemplate:Sfn
Shen Buhai's ruler does try to selectively reduce activity in the sense of relying on ministers and technique. A parable from the Lushi Chunqiu encourages the ruler to rely on technique and ministers rather than use his own judgement for such affairs as livestock. If the ruler has to stoop to using his own judgement, reliance on his personal judgement will cause quarreling with the ministers.Template:Sfnm
The contradictory distinction is more pronounced in parts of the Han Feizi, which express disbelief that the ruler can actually relax from his own regulatory functions, particularly the mechanical checking of ministerial performance. But the work does prominently try to get the ruler out of politics, leaving duties in minsters. If the ruler has an able minister like the one presenting the Han Feizi, perhaps he should occupy himself with paperwork.Template:Sfn
Shen Dao
With the Han Feizi being Shang Yang's first preserved reference outside Qin,Template:Sfn doctrines associated with the Daoistic Shen Dao (and later ZhuangziTemplate:Sfnm) might have played a more major early influence in central China.Template:Sfnm Not explicitly familiar with what was later called Daoist or Legalist schools,Template:Sfnm along with Shen Dao, the Zhuangzi references figures from the school of names,Template:Sfnm which includes central Chinese practitioners of law.Template:Sfnm
Shen Dao or similar doctrines have an influence in a later chapter of the Book of Lord Shang,Template:Sfn and a chapter in the Han Feizi (Ch40),Template:Sfn sharing the doctrine of positional power with the late Guanzi.Template:Sfn When not grouped with other works on fa in the Han dynasty, before Han Fei, Shen Dao belongs more with Laozi, Yang Zhu, and Zhuangzi,Template:Sfnm contrasting with the individualist Yang Zhu.Template:Sfn The more administrative Shen Dao was less focused on Dao in a cosmic sense than later Daoist texts,Template:Sfn but his "Way of Heaven" can be directly compared with Laozi,Template:Sfn who tradition holds also wrote "because he was compelled to."Template:Sfn
Listed in the Outer Zhuangzi after Mozi and (Mohist) Song Xing, but before Daoists Guan Yin, Laozi, Zhuangzi, and Hui Shi, Shen Dao shares content with the (likely earlier) Inner Zhuangzi.Template:Sfnm If he preceded the Daoist figures, he may well have influenced them;Template:Sfn inasmuch as was speculated to have he written its "Essay on Seeing Things as Equal", he could considered a Zhuangzi himself.Template:Sfn The Han Feizi's discussion of Shen Dao quotes a parable from a known lost chapter of the Zhuangzi.Template:SfnTemplate:Sfn
The individualist "Robber Zhi" chapter of the Zhuangzi blames the Yellow Emperor as bringing a bout a decline into war, while the Book of Lord Shang and the Huangdi Sijing recall the Yellow Emperor as a hero rescuing the people from chaos.Template:Sfn Yangism and the more primitivist parts of the Zhuangzi would oppose the Yellow Emperor as well; but several of the Zhuangzi's chapters do go on to endorse the Yellow Emperor, Yao, Shun, and administrative technique, at as least ranked below wu wei inactivity, benevolence and propriety.Template:Sfn
Positional power
Placed before Shen Buhai and Shang Yang in the Han Feizi's outer chapter 40,Template:Sfn the Han Feizi discusses Shen Dao in relation to power.Template:Sfn But while the Doctrine of Position does have a major influence for the Han Feizi,Template:Sfnm Shen Dao was more naturalistic,Template:Sfn with a conception of power resembling the Zhuangzi's discussion of him, depicted as floating relying on such things as the wind. In contrast to Han Fei's "power founded by men", Shen Dao's power was still one based in "relying on circumstances", such as nature, which corresponds with the Zhuangzi's discussion of him. Both discussions of him use the same kind of imagery of being "tossed" or "driven" by the wind.Template:Sfnm
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Where the Han Feizi's Chapter 5 refers to a Way of the Ruler based in controlling ministers,Template:Sfn Shen Dao did not believe the Way of Order lies with the ruler. Shen Dao's earlier Doctrine of Position emphasizes relying on worthy ministers placed in proper positions.Template:Sfn Han Fei's doctrine of position relies more on institutions in the late period, as to make it more comparable with the late Mohists.Template:Sfnm But, Han Fei does defend Shen Dao. Han Fei's discussion does not advocate tyranny, but that most rulers are mediocre, and should rely on institutions.Template:Sfnm
Shen Dao's ruler was a "single esteemed person", intended to benefit all under heaven against ministerial oligarchies.Template:Sfn With Chapters 11 as 49 examples, the doctrine is represented throughout the Han Feizi, which says that authority and positional power cannot be shared; when the ruler loses his authority, his ministers will gain a hundredfold, taking over the state.Template:Sfn Chapter 48 considers shih power a necessary precondition of enforcing strict order and finally carrying out fa law.Template:Sfn
Yuk Wong (Encyclopedia of Chinese Philosophy) places law and prestige together in the Guanzi in what he considered seven Legalist chapters, with prestige and power more important than rank or wealth. Law may be more important than even the king, but will likely fail if he is does to follow it. The power to punish is only one kind; the Guanzi has civil power, military power, and benevolent power.Template:Sfn
Changing with the times
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The early work of Feng Youlan took the statesmen as fully understanding that needs change with the times and material circumstances; admitting that people may have been more virtuous anciently, Han Fei believes that new problems require new solutions.Template:Sfn Earlier thought to be rare, in fact, a changing with times paradigm, or one of timeliness, "dominated" the age. Yuri Pines (Stanford Encyclopedia) takes Shang Yang and Han Fei's more specific view of history as an evolutionary process as contrasting. It might have influenced an end of history view expressed by the Qin dynasty,Template:Sfnm but would be a radical departure from earlier ideas.Template:Sfn The Qin idea of an eternal dynasty would seem more connected with that of relying on law rather than the ruler.Template:Sfnm
In what A. C. Graham took to be a "highly literary fiction", as Pines recalls, the Book of Lord Shang's chapter 1, "Revising the laws," opens with a debate held by Duke Xiao of Qin, seeking to "consider the changes in the affairs of the age, inquire into the basis for correcting standards, and seek the Way to employ the people." Gongsun attempts to persuade the Duke to change with the times, with the Shangjunshu citing him as saying: "Orderly generations did not [follow] a single way; to benefit the state, one need not imitate antiquity."
Graham compared Han Fei in particular with the Malthusians, as "unique in seeking a historical cause of changing conditions", namely population growth, acknowledging that an underpopulated society only need moral ties. The Guanzi sees punishment as unnecessary in ancient times with an abundance of resources, making it a question of poverty rather than human nature. Human nature is a Confucian issue. Graham otherwise considered the customs current of the time as having no significance to the statesmen, even if they may be willing to conform the government to them. Han Fei "objects to ancient authority" not only because the times have changed, but because the past is uncertain.Template:SfnTemplate:Sfn
Taking Shang Yang as inheriting from Li Kui and Wu Qi, despite anti-Confucianism in the Shangjunshu, professor Ch'ien Mu still considered that "People say merely that Legalist origins are in Dao and De (power/virtue) [i.e., Daoist principles], apparently not aware that their origins in fact are in Confucianism. Their observance of law and sense of public justice are wholly in the spirit of Confucius' rectification of names and return to propriety, but transformed in accordance with the conditions of the age." In the ancient society, punishment by law would typically only apply to the people, while the nobles are only punished by ritual. But needs change with the times.Template:Sfn Making use of the term, Shen Buhai and the Guanzi do have administrative ideas that go back to the Confucian rectification of names, or cheng ming.Template:Sfn
Sinologist Hansen viewed the morally neutral naturalism of Shen Dao as a development of the type of thinking seen in Mencius and early Mohists, beginning to emphasize a concept of Dao over nature.Template:Sfnm Shen Dao promotes a "Way of Heaven", but the concept doesn't appear to have been as developed in his time, or focus on it as much as later texts.Template:Sfn Hansen took Shen Dao and Han Fei as aiming at what they took to be the "'actual' course of history", with Han Fei concretizing Shen Dao's ideas on circumstantial authority, and a changing with the times paradigm introduced in its first chapters, under the Dao or "Way" of Laozi,Template:Sfn combined with Shen Buhai in Chapter 5.Template:Sfn
Devoting large sections to drawing practical guidelines as applied directly to politics, the Huangdi Sijing attempts to apply "concrete" politics to theorizing public policy. The work does not argue the origins of society, human nature, or their relations, but it does draw broad lessons from Chinese history. Characterizing humanity and politics as constantly shifting, it treats rulership as a practical art responding to shifting events and personalities. While reflecting on failures and successes, it does not consider their situations and solutions ever exactly repeatable. It offers guidance rather than aiming at "watertight techniques", which would be more akin to the aspirations of the "great progenitors of Rationalism", Descartes or Francis Bacon.Template:Sfn
Advocating the practice of wu wei non-action mainly for rulers, the Han Feizi contrasts with later or more spiritual forms of Daoism as a practical state philosophy not accepting a 'permanent way of statecraft'.Template:Sfnm The Huang-Lao boshu developed a more metaphysical naturalist view, promoting a "predetermined natural order" for humanity.Template:Sfn The Han Feizi only hints at such a view, affirming the Dao as "the standard of right and wrong".Template:Sfn The Later Mohists and Han Fei moved away from an emphasis on heaven or nature,Template:Sfnm towards one of a man-made Sovereignty, a view affirmed by the Han Feizi's discussion of Shen Dao.Template:Sfn Although Han Fei recalls Laozi, in this regard, Graham took them as moving in "parallel directions". Where Laozi sought to adapt to uncontrollable natural forces, the Han Feizi seeks the establishment of an "automatic" social order, with illustrations of scales, compasses and squares for "precise unimpugnable decisions."Template:Sfn
Though not "completely endorsing" their methods, after "two millennia of narrating the past to harm the present, and adorning empty words to harm the substance," Hu Shih took Han Fei and Li Si as the "greatest statesmen in Chinese history", with a "brave spirit opposing those who 'do not make the present into their teacher but learn from the pastTemplate:' ", and a political dictatorship less frightening than one adoring the past.Template:Sfn Hu shih took Xun Kuang, Han Fei and Li Si as "champions of the idea of progress through conscious human effort", with Li Si abolishing the feudal system, unifying the empire, law, language, thought and belief, presenting a memorial to the throne in which he condemns all those who "refused to study the present and believed only in the ancients on whose authority they dared to criticize". With a quotation from Xun Kuang:Template:Sfn
Stressing timeliness, Sima Tan's description of the 'Dao school' says: "It (the dao or way) shifts with the times and changes in response to things", a view earlier found in Han Fei and Xun Kuang. Hong Kong professor Liu Xiaogan takes the Zhuangzi and Laozi as more focused on "according with nature" than timeliness. Sima Tan's description better fits with what he called Huang-Lao, with followers theoretically defining the former according to the latter.Template:Sfn
In contrast to Xun Kuang as the classically purported teacher of Han Fei and Li Si, Han Fei does not believe that a tendency to disorder demonstrates that people are evil or unruly.Template:Sfn As a counterpoint, the Han Feizi and Shen Dao do still employ argumentative reference to 'sage kings'; the Han Feizi claims the distinction between the ruler's interests and private interests as said to date back to Cangjie, while government by Fa (standards) is said to date back to time immemorial, considering the demarcation between public and private a "key element" in the "enlightened governance" of the purported former kings.Template:Sfnm
Syncretism
While Shen Buhai may still not entirely align with Laozi or Zhuangzi, he fits alongside the "Daosim" of the Jixia Academy's era as a "practical political thinker".Template:Sfn As another alternative model of wu wei from the period, the Huangdi Sijing switches to an active posture at "the right moment".Template:Sfn Though emphasizing appearances, if Shen Buhai had been quoted from the Zhuangzi, he would have early been accepted as a kind of "Daoist" as the category came into formation, except by preferential Zhuangzi experts, overcoming the strong with a practice of wu wei "inactivity" that Creel compared with Judo.Template:Sfn
SchooSima Qian does characterize Shen Buhai and Han Fei as rooted in a (Huang)-Laozi ("Daoism"), and does recall them alongside Zhuangzi. Shen Buhai or Huang-Lao may emphasize ideas like fa or xing-ming more,Template:Sfn but such demarcations are a later Confucian concern.Template:Sfnm Along with the Zhuangzi, the Daodejing arguably does hold a negative of view law;Template:Sfnm but the Zhuangzi goes on to accept a place for administrative technique within government,Template:Sfn i.e. Xing-Ming.Template:Sfn Though more obvious for the early Han, something akin to what Sima Qian called "Huang-Lao Daoism" may well already have become more dominant in the late period.Template:Sfnm
Sima Tan criticized fa where "strict or unkind" as he defined it,Template:Sfn but claimed the Dao-school to incorporate the good or essential elements of all the schools.Template:Sfnm This syncretism marks the late Warring States period, characterizing "Huang-Lao".Template:Sfn According with Laozi and Zhuangzi's idea of wu wei, at least by its own words, Sima Tan's Daoism primarily opposes Confucianism as exhausting the ruler.Template:Sfn It also stresses changing with the times, according with the Han Feizi and parts of the Zhuangzi. Sima Tan's ruler should "do what is appropriate to circumstances."Template:Sfn
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Sinologist Hansen argued China's officialdom as becoming more Huang-Lao "Daoistic", lacking in Zhuangzi influences in the late period.Template:Sfnm While the Confucians classify the Lushi Chunqiu as Zajia ("Syncretist") rather than Daojia ("Daoist") or Fajia ("Legalist"), in the terms of older older scholarship, it contains a "Daoist-Legalist" fusion comparable to Shen Buhai, Shen Dao, Han Fei, Guanzi and the Mawangdui Huangdi sijing. Though incorporated under the military regime of the late Warring State's Qin state, it includes a selection from Shen Buhai's doctrine (Ch "Zhushu"), with additional content from its "Ren shu" chapter demonstrating that a philosophy promoting the wu wei reduced activity of the ruler goes back to the Warring States period.Template:SfnTemplate:SfnmTemplate:Sfn
Works of Rule
Along with founding Han dynasty figures,Template:Sfn Sima Qian claimed Shen Buhai, Han Fei and Shen Dao as "rooted" in Huang-Lao or "Yellow Emperor and Laozi (Daoism)".Template:Sfnm While the term might be retrospective, differentiating it as a "ruling fǎjiā ('Legalist') cult", Sinologist Hansen (Stanford Encyclopedia) still took something akin to a Huang-Lao "Yellow Emperor Daoism" as theoretically growing to dominance among the Chinese officialdom by the Qin dynasty, recalling the Mawangdui Silk Texts.Template:Sfnm Representing more of a tendency than a unified doctrine, Huang-Lao administrators named by Sima Qian like Cao Shen took a more "hands off" approach.Template:Sfn Though the Huangdi Sijing can be compared with the Daodejing or Han Feizi, it moreover bares more resemblance to the Guanzi.Template:Sfn
With Daoist or Legalist school distinctions not existing before the Han dynasty, those who included Laozi commentaries in the Han Feizi, at least, probably did not see two separate schools; they probably saw works of rule.Template:SfnmTemplate:Sfnm Sima Qian and Ban Gu describe Huang-Lao as works of rule.Template:Sfnm While it is a question how much such content might have been extant in Shen Buhai's time,Template:Sfn the Sijing's Jingfa and Guanzi regard fa administrative standards as generated by the Dao, theoretically placing them, and some of those the Confucians later called Legalists, within a "loosely Daoist" context focused on rule.Template:Sfn
While The Sijing has a more "naturalist" conception of the Way that might restrain the ruler,Template:SfnTemplate:Sfnm Shen Buhai and Shen Dao were still also more naturalist, with Shen Dao moving away from an older naturalism towards a concept of Dao.<ref>Template:Harvnb Shen Buhai</ref>Template:Sfnm The Han Feizi and Later Mohists were moving away from the earlier naturalism of Shen Dao,Template:SfnTemplate:Sfnm and Laozi.Template:Sfn While Shen Dao and the Huangdi Sijing earlier still referred to a Way of Heaven, the Han Feizi more directly refers to a Way of the ruler.Template:SfnTemplate:Sfnm The late Han Feizi, Guanzi and Sijing all have similar conceptions of principles and the Way as an art of rule, with the Han Feizi devoting three chapters to the subject.Template:Sfnp
The Han Feizi's Laozi commentaries could theoretically precede the Xunzi,Template:Sfn while being late additions to the work itself, isolated to a few chapters. But it does make a "sustained effort" to integrate a Daoistic context. Roughly contemporary to the Mawangdui silk texts and Huangdi Sijing, they would together theoretically indicate the kind of syncretism that was becoming dominant by the late Warring States to Qin dynasty.Template:Sfnm While the Han Feizi itself may not the most effective example of Daoistic sycnretism,Template:Sfn translator W.K. Liao considered the Han Feizi's Chapter 20 "Commentaries on Lao Tzŭ's Teachings" academically thorough.Template:Sfn
Some scholars argued a post-Han Fei dating for the Mawangdui Silk Texts,Template:Sfn and can be argued to have been compiled in the early Han, when they would have still been appealing. But almost all scholars placed them Pre-han.Template:Sfn Michael Loewe placed its Jingfa text before Qin unification. The Yellow Emperor is a major figure in one of its texts. Amongst other strains of thought, the more metaphysical, but still politically oriented Boshu text has arguments more comparable to natural law, but includes contents baring resemblance to Shen Buhai, Shen Dao and Han Fei, with some identical to Shen Dao.Template:Sfnm
Taking Shen Dao as an early theoretical representative of what would later be termed "Daoism",Template:Sfn Hansen interpreted those works later termed legalist as works of rule.Template:Sfn Shen Dao has administrative ideas, but a follower of his theory of positional power has authority because they have power or charisma; not because they are an expert at legal language.Template:Sfn The Han Feizi presents administrative technique (shu) and fa (standards) to the ruler as tools for governing the state, with the administrative technique of Shen Buhai especially a tool in the ruler's hands.
Though not characterized as Huang-Lao, and only more focused on regulating ministers later in the work, the Han Feizi credits Shang Yang with developing standards as a general way of rule; not just criminal law. Its standards regulate ministers amongst other desired programs, most prominently including mobilizations for agriculture and war.Template:SfnmTemplate:Sfn Despite a more general orientation aimed at enhancing state power, Duke Xiao had likely called for ministers like Shang Yang partly to stengthen his own personal rule against that of "unruly aristocrats" of the 'Qin ruling lineage', aiming to expand the elite by employing men of service at their expense.Template:Sfnm
Laozi
More political than a typical reading of the Daodejing, rather than "using" the work for politics, the Han Feizi's authors may be reading from an older, more political version. An interpretation of the Daodejing as simply cynically political would be flawed. Still, together with qigong, it can be viewed as a manual for politics and military strategy. In contrast to its modern representation, the Mawangdui, and two of the three earlier Guodian Chu Slips, swap the two halves of the text, placing political commentaries, or "ruling the state", first. Although not necessarily its sole "original" version, the Han Feizi's political contemporaries likely read them in the same order.
Arguably lacking in metaphysics, associated content instead possesses mythologies. Nonetheless, in contrast to all prior Ways, the Daodejing emphasizes quietude and lack as wu wei. A central concept of what was later termed Daoism, together especially with the early Daodejing, Shen Buhai, Han Fei, Zhuangzi, and so-called Huang-Lao Daoism all have wu wei as a governmental function, emphasizing the political usages and advantages of reduced activity as a method of control for survival, social stability, long life, and rule, refraining from action in-order to take advantage of favorable developments in affairs.Template:Sfnm If the authors of the Han Feizi were not all sincere in their Laoist beliefs, the work would still have served as a suitable critique of Confucianism and Mohism,Template:Sfnm and for impartial laws and techniques as purportedly bolstering the authority of a less active (wu wei) ruler.Template:Sfnm
The Daodejing regards the Way as nameless, but the establishment "names" like titles as inevitable with the establishment of regulations, advising that they not be carried too far.Template:Sfn Cautioning against implementing too many laws, it has an idea which says that "Man models himself on Earth, Earth models itself on Heaven, Heaven models itself on the Way, and the Way models on what is so by itself", which may still have contributed to an idea that laws should follow an impartial Way (of Heaven), with the way "generating" laws.Template:Sfn
While not a direct example of Xing-Ming, the more general idea of a less active (wu wei) ruler can be compared with the Daodejing's passage 17. J. J. L. Duyvendak interpreted ihe passage as valuing people's words,Template:Sfnm "arousing wide interest" but which Creel took as "quite old in Chinese literature" as that of a form of Daoism "leaning heavily toward Legalism". Creel takes the Wenzi as example, which draws on the Daodejing, Han Feizi and Huainanzi. The Laozi's 'enigmatic' passage does not directly mention rulers, but would seem to discuss the ruler as one who "does everything without acting".Template:SfnTemplate:Sfn In the Guodian and Mawangdui versions, the passage is combined with passage 18.Template:Sfn
Rather than words, some translators like John Ching Hsiung Wu have a more general translation of valuing people's faith, in line with the prior sentence.Template:Sfn Shen Dao's "Understanding Loyalty" includes a "concern that a focus on loyalty arises only when things have already begun to go wrong."Template:Sfn While placing some value in public opinion, the Book of Lord Shang instead believed that people should trust the ruler's rewards and punishments. The Han Feizi opposes trusting ministers.Template:Sfn More in line with Confucianism and others parts of the Laozi,Template:Sfn trust was an important Daoistic (Huang-Lao) value in the early Han dynasty going into the era of Confucianism, in the time of Gongsun Hong.Template:Sfn
The Han Feizi's late Daodejing commentaries are comparable with the Daoism of the Guanzi Neiye,Template:Sfn and with its "Seven Standards" chapter, connecting the Way with patterns and principles.Template:Sfn It uses the Laozi more as a theme for methods of rule. Although the Han Feizi has Daoistic conceptions of objective viewpoints ("mystical states"), if its sources had them, it lacks a conclusive belief in universal moralities or natural laws,Template:Sfnm sharing with Shang Yang and Shen Dao a view of man as self-interested.Template:Sfnm Advocating against manipulation of the mechanisms of government, despite an advocacy of passive mindfulness, noninterference, and quiescence, the ability to prescribe and command is still built into the Han Feizi's Xing-ming administrative method.Template:Sfn
Although these early Daoist association do not include Shang Yang, the Shang Yangian figure Sang Hongyang in the Han dynasty does also quote Laozi. Chao Cuo may have been similarly influenced. But this would have been more part of a broader cultural context.Template:Sfn Many Confucian scholars were also influenced by the Daodejing.Template:Sfn
Xing-Ming
Template:See also Often recalled under it following the Han Feizi, Sima Qian (c. 145–c. 86 BCE) lists Shen Buhai, Han Fei and Shang Yang under the doctrine of Xing-Ming, or "form" and "name". Sima Qian attests Shen Buhai and Han Fei as favoring it, but rooted in Huang-Lao or "Yellow Emperor Daoism". Listing them under the Fa school, Liu Xiang (77–6B CE) still considered Shen Buhai's doctrine to be that of Xing-Ming, described as holding outcomes accountable to claims.Template:SfnmTemplate:Sfnm Though later combined with Shang Yang, Han Fei names Shen Buhai as progenitor for his doctrine of Xing-Ming.Template:Sfnm
The term Xing is an example of a model or standard (fa),Template:Sfnm prominently dating back to Zhou texts taking King Wen of Zhou as a model.Template:Sfn It still referred to models when Zichan used the term in his penal reforms.Template:Sfn However, the Han Feizi states than Shen Buhai actually uses the earlier, more common philosophical equivalent, the Mohist "ming-shi", or name and reality,Template:Sfnm so that it likely originates in the name and reality debates of the Later Mohists (or "Neo-Mohists") and school of names (Xingmingjia).Template:Sfnm Before this, it likely goes back to the Confucian rectification of names, or cheng ming, a term Shen Buhai's fragments still used even if the later Han Feizi contrasts with it.Template:Sfnm
Liu Xiang (Pei Yin) recounts Shen Buhai's book as advocating Method rather than punishment.Template:Sfnm An early bureaucratic pioneer, Shen Buhai was not so much more advanced as he was more focused on bureaucracy. Though not its only example, the Han Feizi's discussion of Method (Technique, fa-shu) in Chapter 43 provides a basic explanation for Shu, saying: "Method is to confer office in accordance with a candidate's capabilities; to hold achievement (Xing forms) accountable to claim (Ming names); and to examine the ability of the assembled ministers."Template:Sfn Though having a meritocratic goal,Template:Sfnm and at least potentially filtering ministers meritocratically, as presented by Han Fei Shu's central principle may have been Xing-Ming as accountability "more than anything else".Template:Sfn
The Han Feizi's Xing-Ming method was likely the most 'mechanically' complex example of its kind for the period. Xun Kuang often has more specific criteria for the appointment of officials, but the Han Feizi's methods are "quite detailed." In this regard, the late Warring States theories of Xun Kuang and the Mohists were still far more generalized.Template:Sfnm Compared with Shen Buhai and the earlier Confucians, accountability is much more developed in the Han Feizi at the end of the Warring States period. Holding ministers accountable for their proposals, actions and performance, the Han Feizi ultimately names individual ministers to roles (e.g. "Steward of Cloaks" Chapter 7), forming into explicit roles to be performed by the ministers.Template:Sfnm
While Shen Buhai's has ideas corresponding more with matching proposals with duties, the late Guanzi has an example which A.C. Graham took as becoming closer to Han Fei's doctrine, ultimately matching office titles and duties.Template:Sfn
With their doctrines scarcely visible in the early Han outside the Mawangdui silk texts, according to the Shiji, the practice emerged again under the Daoistic Emperor Wen of Han and his trusted ministers, but "cautious, unobtrusive and firm", more akin to Shen Buhai than Han Fei. Attributed back to Shen Buhai, it becomes the term for secretaries who had charge of records in penal decisions by the Han dynasty.Template:Sfnm With an early meaning of form, model or regulation, and fewer words in the Warring States period, the meaning of Xing (刑) is gradually lost as punishment.Template:Sfnm
By the later Han, scholars less knowledgeable than Liu Xiang were not always aware that Shen Buhai and Shang Yang differed.Template:Sfn Early connected with Shen Buhai and school of names type figures as Method, Xing-Ming is sometimes used to refer to a combination of Shang Yang and Han Fei by the Han dynasty. Despite a potential contribution of its meritocratic ideas to the founding of the Imperial Examination, the meaning of Xing would ultimately be confused and lost in conflation with punishment (Xing 刑) by the time of the Western Qin, sometimes as early as the third century's Eastern Han. Likely unable to interpret the term, they become "the school of punishments" after the fall of the Han dynasty. Jin Zhuo would take it as a combination, and split it, assigning the Xingmingjia School of Forms and Names as the Mingjia School of Names, and those already classified as Fajia legalists as the Xingjia or school of punishments.Template:Sfnm
Xing-Ming (Daoism)
Informally associated by the Han Feizi with Laozi,Template:Sfnm the Han Feizi traces its specific idea of Xing-Ming back to Shen Buhai, likely going back to the name and reality debates of the Later Mohists, Xingming school of forms and names, and Confucian rectification of names, whose terms Shen Buhai still used even if the Han Fei contrasts with them.Template:Sfnm With the Qin's Book of Lord Shang only visibly intersecting central Chinese tradition with the Han Feizi,Template:Sfn something akin to what Sima Qian termed a Huang-Lao "Daoism" would theoretically grow to dominance among the Chinese officialdom by the time of the Qin dynasty.Template:Sfnm
Sima Qian pairs the two, saying "Shenzi (Master Shen) was rooted in Huang-Lao (Daoism) and prioritized xingming."Template:Sfn Sima Tan criticizes strict administrative practices in favor of his Daoism,Template:Sfn but Han Fei does not develop mechanically strict Xing-Ming until the end of the Warring States period.Template:Sfn Sima Tan clearly includes Xing-Ming as part of his Dao school (Daojia), in less technical terms.Template:Sfn
Contrasting with Laozi, Han Fei and Qin break from a Huang-Lao Daoist Xing-Ming focusing on a Way of Heaven based on an inner reason of laws, inasmuch they are more concerned with law as a means of control than whether it accords with a Way of Heaven. Han Fei refers to a Way of the Ruler or Sovereign.Template:Sfn Shen Dao, the Huangdi Sijing, and Laozi still referred to a more conceptually "naturalist" Way of Heaven,Template:Sfnm and Shen Buhai's doctrine, with the Huainanzi it likely influenced, still believed in "not interfering with the natural tendency of names and affairs to manage themselves."Template:Sfnm
Together with a Huang-Lao tradition placing greater emphasis on (standards) fa, Sima Qian may have paired Laozi and Zhuangzi with Shen Buhai and Han Fei because the latter two "prioritized xingming", important in the recovered texts.Template:Sfn The Sijing considering matching realities (Xing) with speech and the "names" of things (ming) an important part of "implementing the Way of Heaven", both in administrative and more general terms.Template:Sfn While the Han Feizi's Way of the Ruler may not as directly emphasize concepts of Yin Yang, the Huangdi Sijing does. Analyzing Yin and Yang to ensure reliable results, it similarly matches "names" and "realities" (shi) as a practical way to appoint, monitor, and assess ministers.Template:Sfn
Though by its own statements the Zhuangzi generally favors self cultivation,Template:Sfnm differing "dramatically" from prior chapters,Template:Sfn the Outer Zhuangzi's Chapter 13 "Way of Heaven" gives secondary places to Xing-Ming administrative ideas akin to Shen Buhai. Emphasizing priorities in-order of wu wei, dao, de, benevolence, appointment and investigation, and finally reward and punishment, A.C. Graham interpreted its hierarchy as emphasizing the wu wei reduced activity of the ruler, mainly criticizing those who reverse its priorities.Template:Sfnm Not fully "Daoist" as later later understood, it would generally be taken as reflecting early Huang-Lao or "syncretist" thought.Template:Sfnm
The Huainanzi's Zhushu, which Goldin translates as "Taking Shu as One's Ruler" or "Esteeming Technique", conveys naturalistic ideas akin to Shen Buhai in the same sense Liu Xiang recalled him, as "to follow and comply, and delegate responsibilities to one's subordinates."Template:Sfnm Template:Blockquote Template:Blockquote
Way of the Ruler
While the Han Feizi includes ideas of law, Laozi's fa is usually translated as still referring to general standards or models.Template:Sfn Laozi and Zhuangzi generally lacked and even opposed law because they did not regard words and names as "sufficient to express the Way",Template:Sfn Laozi saying that "the name that can be named is not the constant name." However, A.C. Graham sees this as meaning not that words are useless, but only that they are imperfect descriptors. The work balances inadequacies using opposites.Template:Sfn
The Han Feizi's commentaries on Laozi are a critique.Template:Sfn For Han Fei, "names" refer to things like ministerial proposals,Template:Sfn or "titles", so that Shen Buhai's concept of "names" can critique Laozi, at least for the Han Feizi's purposes.Template:Sfn The Han Feizi's chapter 5 Zhudao (道主) or "Way of the Ruler" follows up Laozi, recalling Shen Buhai in parallel style with an idea of names "rectifying themselves".Template:Sfnm Pairing (Ming) "names" or proposals with (Xing) "forms" or results, results serve as a standard (fa) of comparison for claims, forming bureaucratic functions of opposing processes.Template:Sfn Though not included amongst Sima Qian's short list of chapters, he may have considered Han Fei to be "rooted" in Huang-Lao based on Chapter 5's conception of the Way, including ideas of the Way as a standard and hints of metaphysics.Template:Sfnm
Though the Han Feizi's chapters five or eight are not as academic as later commentaries in trying to illustrate the Daodejing's actual meaning, using Laozi for its own purposes is similar to other early commentaries like the Xiang'er.Template:Sfn Compared with Laozi, the Han Feizi's "Way of the Ruler" has much less ambiguous language,Template:Sfn promoting "the ruler's quiescence",Template:Sfnm "practical recommendations" and the management of ministers rather than a Daoist way of life or metaphysics. But it "affirms the primacy of the dao", recalling a passage from Laozi with the Way as the origin of the world. It follows recalling Shen Buhai, whose ruler followed the 'natural order' or Way (Dao), responding rather than acting himself, or wu wei.Template:Sfnm
In "strictly practical" terms,Template:Sfnm Shen Buhai, Shen Dao or Han Fei might loosely be thought of as originating in a Daoistic 'way in thought'Template:Sfnm in the sense of governmental models (or standards, fa) "derived from Dao",Template:Sfn which Han Fei ultimately supplants with law.Template:Sfn Laozi, Zhuangzi, Shen Buhai or Sima Qian did not generally advocate laws (fa),Template:Sfnm but the recovered Mawangdui Silk Texts Huangdi Sijing did emphasizes standards (fa) as including law.Template:Sfnm As the first sentence of the work,Template:Sfn its Jingfa text regards the Dao as generating standards,Template:Sfn with arguments more comparable to natural law.Template:Sfnm "Huang-Lao" would theoretically differ in still seeking more to conform law with the Way.Template:Sfn
Shen Buhai, Han Fei, and Sima Tan' preferably 'inactive' ruler contracts an assembly of ministers, correlating Ming ("names", or verbal claims) such as job proposals with the Xing "forms", "shapes" or results that they take. With early examples in Shen Buhai (Shenzi), several of the Mawangdui silk texts bear resemblance to Han Fei's Chapter 5 discussion of Xing-Ming and its "brilliant (or intelligent) ruler", as do other eclectic Huang-Lao typified works, like the Guanzi, Huainanzi, and Sima Qian's Shiji.Template:Sfnm
Eradicating punishments
In the period preceding unification, Qin laws diverged significantly from ideas espoused in Book of Lord Shang (Shangjunshu):Template:Sfn while retaining Shang Yang's reforms, the Qin abandoned his anti-Confucianism and strict, harsh penal policy, and ultimately his heavy emphasis on agriculture. After Shang Yang, King Huiwen of Qin is attested as having pardoned the death penalty in a case involving murder, based on Confucian ethics.Template:SfnTemplate:Sfnm Sima Qian depicts Qin Shi Huang as emphasising law and order, praising himself as a "sage ruler of benevolence and righteousness ... who cares for and pities the common people".Template:Sfn A major reform of the primarily administrative Qin dynasty focuses on restraining ministers, instituting office divisions that cannot punish at will.Template:SfnmTemplate:Sfn
Translator Yuri Pines takes the final chapter (26) of the Shangjunshu as reflecting the administrative practices of the late pre-imperial and Imperial Qin dynasty, aligning with knowledge of Qin governance.Template:Sfn Although written as an interview with Shang Yang, its recommendations would have been too sophisticated for his time.<ref>Template:Harvnb The pre-archaeological work of Léon Vandermeersch found it difficult to believe that they were ever implemented, but conforms with Pines estimation that they were likely not implemented in Shang Yang's time. C'est un système beaucoup plus perfectionné, trop pour avoir jamais été mis en pratique, qui est exposé au dernier chapitre du Shangjunshu.</ref> The chapter proposes setting up offices of strictly trained legal experts at the central, provincial, and local levels, tasked with answering all questions posed by the people and officials. With the degrees of minor officials kept simpler, responses would be strictly controlled through double-entry registration, with one half given to the inquirer, and the other filed in sealed archives for retrieval. Cases would have to be judged in accordance with the previous responses.
Though intended more to promulgate the law and governance of the sovereign than safeguard the rights of citizens in a modern sense, it requires their cooperation. Protecting the people from ministerial abuse becomes more important than punishing them. Taken as universally beneficial, in an attempt to achieve the "blessed eradication of punishments through punishments", clear laws are taught that the people can use against ministers abusing the statutes. Punishing the ministers according to the penalties of the statute abused, archival corruption by the legal experts could be punishable up to the death penalty. Han Fei makes similar recommendations, but compared with the late part of the Shangjunshu he may not yet have developed the idea or concern of legal mechanisms for protecting people from the bureaucrats, he is more focused on accomplishing order through the administrative power of the ruler.Template:SfnmTemplate:Sfn
If, as depicted, at least part of the Han Feizi dates to the late Warring States period, the Shangjunshu could have circulated on the eve of unification. The work's adoption by the Han Feizi can give the appearance of a living current for the old harsh punishments of Shang Yang that can mistakenly be imposed backward. Een if the Shangjunshu only passingly suggests that a need for punishment would pass away, the Qin nonetheless abandoned Shang Yang's heavy punishments. The Book of Lord Shang itself is not a homogeneous ideology, but shifts substantially over its development. As the work's first reference, the Han Feizi recalls its earlier Chapter 4, saying:Template:SfnmTemplate:Blockquote
Despite what might be assumed from associated texts, the Qin "were not extraordinarily severe for their time",Template:Sfn and form a continuity with the early Han dynasty, abolishing mutilations in 167 BCE. In the heavy degrees of punishment, the Qin's mutilating punishments include tattooing, nose cutting, and foot cutting, but the latter two are only mentioned infrequently, decreasing over time. Heavy labor is most common. After sentence, mutilating punishments in the Qin and early Han were then commonly pardoned or redeemed in exchange for fines, labor or one to several aristocratic ranks, even up to the death penalty. Depending on severity and circumstances, sentencing may skip over mutilating punishment directly to a mutually preferential sentence of labor, thereafter potentially pardoning them into a period of borderlands military defense service.
Not the most common punishments, the Qin's mutilating punishment likely exist in part to create labor in agriculture, husbandry, workshops, and wall building. Replacing mutilation at lower level heavy punishment, labor from one to five years becomes the common heavy punishment in early Imperial China, generally in building roads and canals, with only a minority going to build the Great Wall. As a component of general colonization, the most common heavier punishment becomes expulsion to the new colonies, with exile considered a heavy punishment. The Han engage in the same practice, transferring criminals to the frontiers for military service, with Emperor Wu and later emperors recruiting men sentenced to death for expeditionary armies. Dong Zhongshu criticizes the Qin for failing to punish criminals, but exile itself as a heavy punishment in ancient China dates back to at least the Spring and Autumn period.Template:SfnmTemplate:Sfn
Han-era writer Dong Zhongshu (179–104 BCE) considered Qin officials and taxes severe, but did not characterise punishments as such; in fact, Dong criticized the Qin system for its inability to punish criminals.Template:Sfn Aiming to reduce punishment to a minimum, the idea of redemption can be found in the Analects of Confucius, attempting to ensure a correct application of the rectification of names.Template:Sfn
Han Feizi
For Han Fei, the power structure is unable to tolerate an autonomous ministerial practice of reward and punishment. Han Fei mainly targets ministerial infringements. A main argument by the Han Feizi's for punishment by standards, Chapter 7's The Two Handles, is that delegating reward and punishment to ministers has led to an erosion of power and collapse of states in his era, and should be monopolized, using severe punishment in an attempt to abolish ministerial infringements, and therefore punishment. Monopolization can be considered a core of Han Fei's practice of fa laws and methods, aiming to prevent usurpation.Template:Sfnm
Mostly concerned with the ministers, Han Fei does not regard the people as an enemy, as the earlier part of the Book of Lord Shang did.Template:Sfnm The Han Feizi occasionally even has ideas of public good. "Preventing the strong from exploiting the weak" will benefit the sage ruler Han Fei addresses, but also the elderly and the orphan. While Han Fei believes that a benevolent government that does not punish will harm the law, and create confusion, he also believes that a violent and tyrannical ruler will create an irrational government, with conflict and rebellion.Template:Sfnm For this reason, the Han Feizi also opposes corvée, with hardship turning the people toward powerful ministers to the detriment of the ruler and state.Template:Sfn
Shen Dao, the first member of Han Fei's triad between the figures in the later chapters, never suggests kinds of punishments, as that was not the point. The point in Shen Dao's framework was that it would involve the ruler too much to decide them personally, exposing him to resentment. The ruler should decide punishments using fa standards.Template:Sfn Han Fei does not suggest kinds of punishments either, and would not seem to care about punishment as retribution itself. He only cares whether they work, and therefore end punishments.
Although "benevolence and righteousness" may simply be "glittering words", other means can potentially be included. While recalling Shang Yang, Han Fei places a more equal emphasis on reward to encourage people and produce good results; punishment for him was secondary to simply controlling ministers through techniques. Although these could be expected to include espionage in his time, they consisted primarily simply in written agreements.Template:Sfnm
Justice
Emphasizing a dichotomy between the people and state, the Book of Lord Shang in particular has been regarded as anti-people, with alienating statements that a weak people makes a strong military. But, such statements are concentrated in a few chapters, and the work does still vacillate against ministerial abuses.Template:Sfn Michael Loewe still regarded the laws as primarily concerned with peace and order. They were harsh in Shang Yang's time, mainly out of hope that people will no longer dare to break them.Template:SfnTemplate:Sfn
Sima Qian argues the Qin dynasty, relying on rigorous laws, as nonetheless insufficiently rigorous for a completely consistent practice, suggesting them as not having always delivered justice as others understood it.Template:Sfn From a modern perspective, it is "impossible" to deny at least the "'basic' justice of Qin laws". Rejecting the whims of individual ministers in favor of clear protocols, and insisting on forensic examinations, for an ancient society they are ultimately more definable by fairness than cruelty.
With contradicting evidences, as a last resort, officials could rely on beatings, but had to be reported and compared with evidence, and cannot actually punish without confession. With administration and judiciary not separated in ancient societies, the Qin develop the idea of the judge magistrate as a detective, emerging in the culture of early Han dynasty theater with judges as detectives aspiring to truth as justice.Template:SfnTemplate:Sfn
Inasmuch as Han Fei has modernly been related with the idea of justice, he opposes the early Confucian idea that ministers should be immune to penal law. With an at least incidental concern for the people, the Han Feizi is "adamant that blatant manipulation and subversion of law to the detriment of the state and ruler should never be tolerated":Template:Sfn Template:Blockquote
Legacy
Chapters 43 and 40 of the Han Feizi shaped an early modern elementalizing view of Shen Buhai as focused on Shu (technique), Shen Dao on Shi (power), and Shang Yang on law, uncritically taking the Han Feizi as superseding the others.Template:Sfnm But Shen Dao's fragments suggest he was also focused more on fa.Template:Sfnm
Legalism has been cited by scholars and commentators as having ideological influence on the current governance of the People's Republic of China.<ref>Template:Citation</ref><ref>Template:Citation</ref><ref>Template:Cite journal</ref> Deng Xiaoping's slogan “a cat is a good cat if it can catch rats, no matter it is a white or a black cat" can at least be compared with the Han Feizi.Template:Sfn
References
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