View source for Legalism (Chinese philosophy)

{{Short description|Chinese school of philosophy}}
{{Multiple issues|
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{{Use dmy dates|date=September 2023}}
{{Infobox Chinese
| title = Legalism
| pic = Shangyang.jpg
| piccap = Statue of the legalist [[Shang Yang]]
| picsize = 200px
| showflag = pw
| c = 法家
| l = School of law
| p = Fǎjiā
| w = {{tone superscript|Fa3-chia1}}
| mi = {{IPAc-cmn|f|a|3|.|j|ia|1}}
| tp = Fǎ-jia
| bpmf = ㄈㄚˇ ㄐㄧㄚ
| j = faat3 gaa1
| y = Faatgā
| ci = {{IPAc-yue|f|aat|3|-|g|aa|1}}
}}

{{Chinese Legalism}}
'''''Fajia''''' ({{lang-zh|s=法家|p=fǎjiā}}), or the School of ''fa'' (incl. law, method),{{sfnm|1a1=Pines|1y=2024|1p=1-2|2a1=Goldin|2y=2011|2p=89,91|3a1=Hansen|3y=1994|3pp=471,474-476,479|4a1=Pines|4y=2023|5a1=Bai|5y=2024|5p=658}} often translated '''Legalism''',{{sfnm|1a1=Pines|1y=2024|1p=2|2a1=Pines|2y=2023|3a1=Goldin|3y=2011|4a1=Creel|4y=1982|4p=93,119–120|5a1=Jiang|5y=2021|5p=234|6a1=Hansen|6y=1992|6p=13,345-347|7a1=Leung|7y=2019|7p=103|8a1=Bai|8y=2024|8p=658}} was a [[bibliographic]] [[school of thought|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,{{sfnm|1a1=Peerenboom|1y=1993|1p=1|2a1=Creel|2y=1982|2p=49|3a1=Schwartz|3y=1985|3p=237|4a1=Kejian|4y=2016|4p=22,184}} their ideas 'contributed greatly to the formation of the Chinese empire' and bureaucracy,{{sfn|Pines|2023}} advocating concepts including rule by [[fa (concept)|law]], sophisticated administrative [[fa (concept)|technique]], and ideas of state and sovereign power.{{sfnm|1a1=Fraser|1y=2011|1p=59,66|2a1=Goldin|2y=2011|2p=91-92,96|3a1=Pines|3y=2023|4a1=Pines|4y=2013|4p=76–77|5a1=Jiang|5y=2021|5p=237|6a1=Graham|6y=1989|6p=268,282-283|7a1=Hansen|7y=1992|7pp=364,347,350|8a1=Creel|8y=1982|8p=81,93-95,103|9a1=Yu|9y=2024|9p=58-59}} They are often interpreted along [[Realism (international relations)|realist]] lines.{{sfnm|1a1=Pines|1y=2023|2a1=Pines|2y=2024b|2p=1|3a1=Bai|3y=2024|3p=666|4a1=Vogelsang|4y=2016|4p=41-49|5a1=Fraser|5y=2011|5p=59|6a1=Harris|6y=2022}}{{sfnm|1a1=Waley|1y=1982|1p=152|2a1=Waley|2y=2012|2p=199}} Though persisting, the Qin to [[Tang dynasty|Tang]] were more characterized by the 'centralizing tendencies' of their traditions.{{sfn|Kiang|1999|p=44 recalls [[Jacques Gernet]]}}

The school incorporates the more legalistic ideas of [[Li Kui (legalist)|Li Kui]] and [[Shang Yang]], and more administrative [[Shen Buhai]] and [[Shen Dao]],{{sfnm|1a1=Fraser|1y=2011|1p=63|2a1=Jiang|2y=2021|2p=236|3a1=Goldin|3y=2011|3p=91-92}} with Shen Buhai, Shen Dao, and [[Han Fei]] traditionally said by [[Sima Qian]] to be rooted in [[Huang-Lao]] ([[Daoism]]).{{sfnm|1a1=Peerenboom|1y=1993|1p=1|2a1=Creel|2y=1982|2p=49|3a1=Schwartz|3y=1985|3p=237|4a1=Kejian|4y=2016|4p=22,184}} Shen Dao may have been a significant early influence for Daoism and administration.{{sfnm|1a1=Hansen|1y=2024b|2a1=Fraser|2y=2011|2p=64|3a1=Goldin|3y=2011|3p=91-92,96}} These earlier currents were synthesized in the ''[[Han Feizi]]'',{{sfn|Goldin|2011|p=95–96}}<ref>{{harvnb|Lundahl|1992}} 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 ''[[Tao Te Ching|Daodejing]]''. The later [[Han dynasty]] considered [[Guan Zhong]] to be a forefather of the school, with the [[Guanzi (text)|Guanzi]] added later. Later dynasties regarded [[Xun Kuang]] as a teacher of Han Fei and Qin Chancellor [[Li Si]], as attested by Sima Qian,{{sfnm|1a1=Goldin|1y=2018|2a1=Goldin|2y=2012|2p=164}} approvingly included during the 1970s along with figures like [[Zhang Binglin]].{{sfn|Pines|2024|p=4}}

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==
[[File:Ming Dynasty wood carving books in Tian Yi Chamber colllection.JPG|thumb|Book of Han or Hanshu, carved in the Ming dynasty, in Tian Yi Chamber Library collection]]
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,{{sfnm|1a1=Pines|1y=2024|1p=3|2a1=Goldin|2y=2011|2p=89|3a1=Smith|3y=2003|3p=129|4a1=Graham|4y=1989|4p=31,268,282-283|5a1=Pines|5y=2023}} 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.{{sfnm|1a1=Smith|1y=2003|1p=131,142|2a1=Goldin|2y=2011|2p=88-89,94}} 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 (book)|Zhuangzi]] was regaining popularity.{{sfnm|1a1=Hansen|1y=2024b|2a1=Smith|2y=2003|2p=131|3a1=Liu|3y=1994|3p=52,166}}{{sfnm|1a1=Loewe|1y=1999|1p=591,589|2a1=Hansen|2y=1992|2p=346,409,360|3a1=Schwartz|3y=1985|3p=174,244}}

Han scholar [[Liu Xiang (scholar)|Liu Xiang]] (77–6 BCE) used Fajia as a category of Masters Texts when he established the imperial library,{{sfn|Pines|2023}} becoming a major category in [[Han dynasty]] catalogues, namely the [[Han dynasty|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]]'',{{sfnm|1a1=Pines|1y=2024|1p=3|2a1=Pines|2y=2017b|2p=27|3a1=Pines|3y=2023}}{{sfnm|1a1=Smith|1y=2003|2p=141|2a1=Creel|2y=1982|2pp=93,95,113|3a1=Youlan|3y=1976|3p=157|4a1=Graham|4y=1989|4p=268}} six other texts were listed under it, now lost,{{sfnm|1a1=Pines|1y=2023|2a1=Mou|2y=2008|2p=216}} including [[Li Kui (legalist)|Li Kui]] and Han minister [[Chao Cuo]] ([[Hanshu]] CH1), leaving four unidentifiable works.{{sfn|Pines|2024|p=4}} With [[Guan Zhong]] only ''officially'' associated later, the Hanshu considered Li Kui the first of broader works on regulations, influencing Shang Yang.{{sfn|Hsiao|1979|p=10}}<ref>Footnote 18</ref>

While the ''Book of Lord Shang'' did have disciples,{{sfn|Pines|2024|p=2 footnote 2}} 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]].{{sfnm|1a1=Pines|1y=2024|1p=2-3|2a1=Fraser|2y=2011|2p=59|3a1=Hansen|3y=1992|3p=13|4a1=Creel|4y=1982|4p=93-95|5a1=Shih|5y=2015b|5p=303}} Before the [[Han Feizi]], which discusses them together, Shang Yang and Shen Buhai were relatively contemporary,{{sfn|Jiang|2021|p=238,242}} but influential in different places and times, with no singular doctrine.{{sfn|Fraser|2011|p=59}} The Confucians grouped such texts together under what they called the fa school, seeing them as sharing an interest in fa.{{sfnm|1a1=Smith|1y=2003|1p=150|2a1=Hansen|2y=1992|2p=13,345|3a1=Graham|3y=1989|3p=380}} 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]].{{sfn|Pines|2024|p=4 foonote 5}} 

Amongst broader arguments, [[Jia Yi]] only blamed Shang Yang's doctrine for the faults of Qin under the fifth [[Emperor Wen of Han]].{{sfnm|1a1=Lewis|1y=2010|1p=42,72|2a1=Pines|2y=2009|2p=110|3a1=Pines|3y=2014|3p=116-117|4a1=Hsiao|4y=1979|4p=481}} Apart from Shang Yang,{{sfnm|1a1=Jiang|1y=2021|1p=235|2a1=Creel|2y=1982|2p=95,113}} 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.{{sfnm|1a1=Loewe|1y=1999|1p=1008|2a1=Pines|2y=2024|2p=2}} 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.{{sfnm|1a1=Jiang|1y=2021|1p=235|2a1=Creel|2y=1982|2p=95,113|3a1=Loewe|3y=1999|3p=1008|6a1=Pines|6y=2024|6p=3 ✓}} While Sima Tan conceived Fajia as extending to all, it was philosophically broader than law,{{sfn|Goldin|2011|p=89,91}} pertaining to office divisions.{{sfn|Pines|2023}} In Shen Buhai and the Han Feizi, these are not primarily legal in origin.{{sfn|Goldin|2011|p=92}}

* 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.{{sfnm|1a1=Goldin|1y=2011|1p=88|2a1=Smith|2y=2003|2p=129}}{{sfn|Pines|2023}}

* Included in the Book of Han by [[Ban Gu]], [[Liu Xin (scholar)|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.{{sfnm|1a1=Graham|1y=1989|1p=380|2a1=Smith|2y=2003|2p=131,142|3a1=Youlan|3y=1976|3p=32-33}}

===Commentary===
Apart from Shang Yang (and his predecessor Li Kui),{{sfn|Smith|2003|p=141}} 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,{{sfnm|1a1=Smith|1y=2003|1p=150|2a1=Makeham|2y=1994|2p=73-74,15|3a1=Loewe|3y=1999|3p=1008}} ranking Laozi and Zhaungzi over Shen Buhai and Han Fei.{{sfn|Pines|2024|p=576}} 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.{{sfnm|1a1=Loewe|1y=1999|1p=1008|2a1=Pines|2y=2024|2p=2,13}} 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."{{sfn|Smith|2003|p=150}}

Although described as strict, Sima Tan (and evidently [[Liu Xiang (scholar)|Liu Xiang]]) "clearly" understood that standards (fa) were used in the administration, and not just harsh penal law like [[Shang Yang]].{{sfnm|1a1=Creel|1y=1982|1p=93,101|2a1=Goldin|2y=2011|2p=91-92}} They were not however all considered strict until they were associated with Tan's fa school.{{sfnm|1a1=Pines|1y=2024|1p=6|2a1=Pines|2y=2023o}} The Han Feizi advocates precisely defined, mechanically strict administration at the end of the [[Warring States period]].{{sfnm|1a1=Makeham|1y=1994|1p=82|2a1=Indraccolo|2y=2024|2p=407}} 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.{{sfn|Makeham|1994|p=82}}

{{Blockquote | Even if Shen Buhai made a tenfold effort to have Marquis Zhao utilize shu (techniques), treacherous ministers still would have distorted his words. Despite utilizing [the methods of] shu with the ruler, there was the trouble of no orderly fa amongst the officials. Han Feizi 43.2; Chen 2000: 959{{sfn|Pines|2024|p=61}}}}

According to the [[Shiji|Pei Yin commentaries]], [[Liu Xiang (scholar)|Liu Xiang]] says Shen Buhai aimed to eliminate punishment relying on supervisory technique (shu).{{sfnm|1a1=Goldin|1y=2005|1p=95,200|2a1=Goldin|2y=2005a|2p=95|3a1=Creel|3y=1982|3p=101}} His contemporaries literally titled him and his doctrine (Extends/Speaks 申) no harm ([[Ahimsa|Buhai]]) 不害, an idea shared with [[Shen Dao]] and Laozi.{{sfn|Emerson|2013}} The "Daoist" [[Shiji]] regarded him as implementing the [[Dao|Way]] in defense of the [[Hann state]],{{sfn|Yu|2024|p=62}} ranking him just below Laozi and Zhuangzi.{{sfn|Pines|2024|p=576}} [[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."{{sfnm|Pines|2024|p=4,61}}{{sfnm|1a1=Creel|1y=1982|1p=100|2a1=Winston|2y=2005|2p=338}}

{{Blockquote | Fajia "make reward certain and punishment unavoidable, as a support to control by (Confucian) ceremony" [[Hanshu]]{{sfnm|1a1=Graham|1y=1989|1p=380|2a1=Smith|2y=2003|2p=131,142|3a1=Youlan|3y=1976|3p=32-33}}}}

Law as supporting control by ceremony reflects a Confucian perspective.{{sfn|Graham|1989|p=380}} 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.{{sfnm|1a1=Mou|1y=2008|1p=207|2a1=Hsiao|2y=1979|2p=67}} The late Warring States [[Guanzi (text)|Guanzi]] text sees law as originating in ritual norm and practice.{{sfn|Sato|2003|p=123}} While the Book of Lord Shang is rarely utopian, it admits peace could bring a return to morality.{{sfn|Pines|2024|p=52}}

Like the Confucians, [[Sima Qian]] characterizes Shang Yang, Han Fei, [[Li Si]] and [[Chao Cuo]] harshly,{{sfn|Pines|2024|p=29,182,465,576}} 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."{{sfn|Pines|2024|p=29}} A couple chapters of the [[Han Feizi]] "eschew grace and benevolence"(35,47),{{sfnm|1a1=Hsiao|1y=1979|1p=405,407|2a1=Watson|2y=1962|2p=177}} and the work does recommend execution for the violation of offices, as does [[King Wu of Zhou]] in the [[Book of Documents]].{{sfn|Creel|1974|p=79}} 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.{{sfn|Pines|2013|p=72-73}}{{sfn|Pines|2024|p=123}}

==The Han Feizi's combination==
[[File:Hanfeizi or Han Feizi, Qing dynasty, Hunan Museum.jpg|thumb|A late 19th century edition of the ''Hanfeizi'' by Hongwen Book Company]]
Propelling the [[Qin state]] to power in the early [[Warring States period]],{{sfn|Pines|2024|p=23}} [[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.{{sfnm|1a1=Fraser|1y=2011|1p=64|2a1=Pines|2y=2024|2p=3 (footnote)}}{{sfn|Pines|2014|pp=5-6}} Ideas associated with them become more renowned later in the period as past statesmen,{{sfnm|1a1=Pines|1y=2024b|1p=23|2a1=Yu|2y=2024|2p=62-63|3a1=Jiang|3y=2021|3p=238|4a1=Chang|4y=1998|4p=21|5a1=Graham|5y=1989|5p=268}} and through the ''Han Feizi'',{{sfnm|1a1=Pines|1y=2024|1p=2-3|2a1=Creel|2y=1982|2p=93,95|3a1=Jiang|3y=2021|3p=235|4a1=Graham|4y=1989|4p=268}} as Shang Yang's first preserved reference outside the ''Book of Lord Shang''.{{sfnm|1a1=Pines|1y=2017b|1p=26|2a1=Hansen|2y=1992|2p=345,346|3a1=Graham|3y=1989|3p=268}}{{sfn|Pines|2014|pp=5-6}}

While it is possible the idea of a fa school preceded the Han Feizi,{{sfn|Pines|2024|p=2 footnote 2}} 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 (text)|Guanzi]].{{sfnm|1a1=Goldin|1y=2011|1p=88-92|2a1=Graham|2y=1989|2p=72|3a1=Hansen|3y=1992|3pp=345-346,348-350,360,371,379,372,400|4a1=Loewe|4y=2011|5p=93-94}} 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.{{sfnm|1a1=Creel|1y=1982|1p=93-95|2a1=Pines|2y=2024|2p=2 footnote 2}}{{sfnm|1a1=Graham|1y=1989|1p=268,282-283|2a1=Jiang|2y=2021|2p=235}} Shen Dao is discussed by the Han Feizi's chapter 40 for his views on ''shi'' power,{{sfnm|1a1=Pines|1y=2020|1p=13|2a1=Pines|2y=2024|2p=3}} depicting his doctrine as akin to a dragon floating on clouds.{{sfn|Rubin|1974|p=338}}

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.{{sfn|Pines|2024|pp=2-3 2 footnote 2}}{{sfnm|1a1=Creel|1y=1982|1p=94,100|2a1=Jiang|2y=2021|2p=235|3a1=Goldin|3y=2011|3p=96|4a1=Schneider|4y=2018|4p=9|5a1=Yu|5y=2024|5pp=60-63}} Despite contrasting them with each-other and its own ideas,{{sfnm|1a1=Goldin|1y=2011|1p=96|2a1=Xiao|2y=2008|2p=207|3a1=Creel|3y=1982|3p=94-95|4a1=Graham|4y=1989|4p=268|5a1=Pines|5y=2024|5p=120}} their combination likely stems from its combined discussion,{{sfnm|1a1=Pines|1y=2024|1p=3|2a1=Pines|2y=2023}}{{sfnm|1a1=Creel|1y=1982|1p=95,113|2a1=Jiang|2y=2021|2p=235}} contributing to their association,{{sfnm|1a1=Jiang|1y=2021|1p=235|2a1=Pines|2y=2017|2p=262|3a1=Pines|3y=2017b|3p=248|4a1=Creel|4y=1982|4p=93-95,100|5a1=Graham|5y=1989|5p=268}} and a Shang Yangian Legalist interpretation of what the Confucians later called the Fa school,{{sfnm|1a1=Jiang|1y=2021|1p=235|2a1=Creel|2y=1982|2p=95–112,113|3a1=Graham|3y=1989|3p=31,379-380|4a1=Hansen|4y=1992|4p=345–350}} taking Shang Yang as exemplar.{{sfn|Jiang|2021|p=235}}

Shen Buhai is glossed together with Shang Yang and the Qin dynasty in the [[Discourses on Salt and Iron|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,{{sfnm|1a1=Pines|1y=2023|2a1=Pines|2y=2024|2p=3|3a1=Creel|3y=1982|3p=101|4a1=Major|4y=2010|4pp=209, 423|5a1=Hsiao|5y=1979|5p=467|6a1=Makeham|6y=1990}} and the Qin dynasty.{{sfnm|1a1=Loewe|1y=1999|1p=1008|2a1=Pines|2y=2024|2p=2}} When the later [[Han dynasty]] Confucian scholars grouped together texts discussing philosophies of law and governance,{{sfn|Shih|2015b|p=304}} they grouped the Han Feizi and its predecessors under a broader fa school (Fajia),{{sfn|Goldin|2011|pp=91-92}} likely based on the Han Feizi and its influence. Though the scholar [[Liu Xiang (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.{{sfnm|1a1=Creel|1y=1982|1p=93-95|2a1=Jiang|2y=2021|2p=235|3a1=Loewe|3y=1999|3p=1008|4a1=Pines|4y=2024|4p=2}}

==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.{{sfn|Goldin|2011|p=96}} A misreading of the Han Feizi historically gives Shang Yang an appearance of leading a Legalist fa school with Shen Buhai.{{sfnm|1a1=Jiang|1y=2021|1p=235|2a1=Creel|2y=1982|2p=101|3a1=Hsiao|3y=1979|3p=467}} The [[Hanshu]] considers [[Li Kui (legalist)|Li Kui]] the first of them.{{sfn|Hsiao|1979|p=10}}<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 (legalist)|Li Kui]], or [[Chu state]] reformers;{{sfnm|1a1=Shaughnessy|1y=2023|1p=203 (Li Kui)|2a1=Creel|2y=1974|2p=12 (Zichan)|3a1=Creel|3y=1982|3p=100,158 (Chu & Zichan)}}{{sfn|Chang|1998|p=11 (Zichan)}} the Han Feizi recalls Chu state reformer [[Wu Qi]].{{sfn|Cua|2003|p=362}} With Zichan a significantly influential figure, the [[Huangdi Sijing]] is also relatable with [[Guan Zhong]] and Zichan associated ideas.{{sfnm|1a1=Chang|1y=1998|1p=25|2a1=Wang|2y=2024|2p=579}}

As chancellors of neighboring states,{{sfnm|1a1=Creel|1y=1982|1p=114|2a1=Chang|2y=1998|2p=21}} 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.{{sfnm|1a1=Pines|1y=2017b|1p=26|2a1=Graham|2y=1989|2p=268|3a1=Hansen|3y=1992|3p=345,346|4a1=Pines|4y=2014|4p=5}} 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,{{sfn|Pines|2017b|p=231-232}} and the ''Book of Lord Shang'' did not have much idea what a dynasty based on fa would look like in peace.{{sfn|Blahuta|2024|p=619}} Ultimately, the Confucians criticize Qin for failing to adapt to peace.{{sfn|Bai|2024|p=671}}

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,{{sfnm|1a1=Leung|1y=2019|1p=116|2a1=Vandermeersch|2y=1987|2p=174|3a1=Shih|3y=2015b|3p=304}} 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.{{sfnm|1a1=Goldin|1y=2005a|1p=93|2a1=Goldin|2y=2005|2p=93}} 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.{{sfnm|1a1=Youlan|1y=1976|1p=158|2a1=Xiao|2y=2008|2p=207}}

While the late Qin's [[Lushi Chunqiu]] encyclopedia is familiar with Shen Buhai,{{sfnm|1a1=Goldin|1y=2005|1p=94|2a1=Goldin|2y=2005a|2p=94}} the Qin dynasty did still diverge significantly from earlier ideas. A late Han notion of them as following Legalists would be an oversimplification,{{sfn|Wilkinson|2015|p=307}} based on a reading of the [[Hanshu]]'s book catalogue and [[Dong Zhongshu]] biography (ch56).{{sfn|Creel|1982|p=93,101 footnote 40}} 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.{{sfnm|1a1=Jiang|1y=2021|1p=213|2a1=Loewe|2y=1999|2p=1007}} 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.{{sfn|Smith|2003|p=132}}

==Legalists or administrators?==
Used in reference to Fajia or "School of fa",{{sfnm|1a1=Goldin|1y=2011|1p=88|2a1=Pines|2y=2024|2p=1}} it is not known where the term Legalism comes from.{{sfn|Goldin|2011|p=88,93-94}} 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.{{sfnm|1a1=Needham|1y=1978|1p=273-274|2a1=Creel|2y=1982|2p=92}} 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?''.{{sfn|Goldin|2011|p=91}}

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'',{{sfnm|1a1=Goldin|1y=2011|1p=91|2a1=Pines|2y=2023|3a1=Fraser|3y=2023}}{{sfnm|1a1=Hansen|1y=1992|1p=3,347,349}} 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.{{sfnm|1a1=Creel|1y=1982|1p=92-120|2a1=Hsin-Wen|2y=2024|2p=201}}

Generally, the use of [[fa (concept)|fa (standards)]] in the administration does not automatically imply punishment.{{sfn|Hansen|1992|p=358}} 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:{{sfnm|Goldin|2011|pp=96–98(8,10)}}

{{Blockquote | An enlightened ruler employs fa (standards) to pick his men; he does not select them himself. He employs fa (method) to weigh their merit; he does not fathom it himself. Thus, ability cannot be obscured nor failure prettified. If those who are [falsely] glorified cannot advance, and likewise those who are maligned cannot be set back, then there will be clear distinctions between lord and subject, and order will be easily [attained]. Thus, the ruler can only use fa.{{sfn|Goldin|2011|p=93}}}}

From a modern viewpoint, Shen Buhai could be argued a Legalist inasmuch as his ruler follows guidelines.{{sfnm|1a1=Creel|1y=1982|1p=92-120|2a1=Hsin-Wen|2y=2024|2p=201}} Internally, Han Fei could consider this a victory for fa method.{{sfn|Pines|2013}} They probably did not see it as literal Legalism.{{sfn|Hansen|1994|p=436,469,474,480}} Apart from contracts,{{sfn|Yu|2024|p=68}} and what law Shen Buhai did make,{{sfn|Yu|2024|p=61}} the guidelines Shen Buhai's ruler consulted (fa) were secret,{{sfnm|1a1=Pines|1y=2024|1p=122|2a1=Hansen|2y=1992|2p=364}} internal bureaucratic operations,{{sfnm|1a1=Hsin-Wen|1y=2024|1p=201|2a1=Pines|2y=2024|2p=122}} protecting him against the ministers.{{sfn|Pines|2024|p=201}} Externally, the Han Feizi contrasts Shen Buhai and ''shu'' technique with Shang Yang's fa as including law,{{sfnm|1a1=Creel|1y=1982|1p=81,93-95,98,103|2a1=Pines|2y=2024|2p=120|3a1=Goldin|3y=2011|3p=91-92,96|4a1=Hansen|4y=1992|4pp=364,347,350|5a1=Graham|5y=1989|5p=268,282-283|6a1=Jiang|6y=2021|6p=235|7a1=Bai|7y=2024|7p=665}} and with law as clear and public.{{sfnm|1a1=Pines|1y=2024|1p=122|2a1=Bai|2y=2024|p=665}}

{{Blockquote | As for techniques of rule, they are hidden in the chest. It is that through which you match up all the various ends and from your secret place steer the ministers. Therefore, laws are best when they are clear, whereas techniques should not be seen. (Han Feizi 38.16; Chen2000: 922–923 [“Nan san” 難三]){{sfn|Bai|2024|p=665}}}}

Fa method, or Shu technique as termed in the Han Feizi, help Shen Buhai and his ruler interpret information,{{sfn|Hansen|1994|p=480}} define qualifications and duties,{{sfn|Hsin-Wen|2024|p=201}} and make it more difficult for ministers to lie.{{sfn|Hansen|1994|p=480}} 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.{{sfn|Hansen|1994|p=469}} It advocates legal reform as facilitating standardized technical procedure in streamlining ministerial operations.{{sfnm|1a1=Goldin|1y=2005a|1p=93|2a1=Goldin|2y=2005|2p=93}} 

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.{{sfnm|1a1=Winston|1y=2005|1p=1|2a1=Hsiao|2y=1979|2pp=409,411|3a1=Schneider|3y=2013|3p=1|4a1=Pines|4y=2024|4p=120}}

===Doctrines of names===
Following the [[Han Feizi]],{{sfnm|1a1=Graham|1y=1989|1p=283|2a1=Pines|2y=2024|2p=3}} [[Shang Yang]], [[Shen Buhai]] and [[Han Fei]] were often identified under the Han Feizi's "Xing-Ming" doctrine of "[[school of names|forms and names]]" as a subset of shu technique.{{sfnm|1a1=Pines|1y=2024|1p=3|2a1=Pines|2y=2023|3a1=Creel|3y=1982|3p=62 footnote 76}} including by [[Sima Qian]].{{sfnm|1a1=Pines|1y=2024|1p=3|2a1=Pines|2y=2023|3a1=Jiang|3y=2021|p=403}} It would serve as a secondary moniker for them.{{sfn|Pines|2023}} Combined with Shang Yang, the meaning of Xing "performance" is gradually lost as punishment, so that Shen Buhai would look more like Shang Yang.{{sfnm|1a1=Creel|1y=1982|1p=101|2a1=Makeham|2y=1990}} Popular in the Han dynasty, the [[Xunzi (book)|Xunzi]] preceding the Han Feizi likely had a distortive effect.{{sfn|Jiang|2021|p=235,403}} With a "Way of the Ruler" chapter like the Han Feizi,{{sfn|McLeod|2024|p=439 footnote 17}} its introduction was the only work to use the term as "the names of punishments".{{sfn|Makeham|1994|p=218}} Recalling [[Liu Xiang (scholar)|Liu Xiang]], [[Shiji|Pei Yin]]'s commentaries demonstrate some understanding of Shen Buhai again in the fifth century.{{sfnm|1a1=Goldin|1y=2005|1pp=95, 200|2a1=Creel|2y=1982|2pp=101|3a1=Makeham|3y=1994|3p=68|4a1=Goldin|4y=2005a|4p=95}}

Though considering shu a later term, [[Herrlee G. Creel|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.{{sfn|Jiang|2021|p=240}} The broader techniques contribute to a view of Shen Buhai as based in deception, present throughout the Han Feizi, but was focused on administration.{{sfn|Lewis|2024|p=330}}{{sfnm|1a1=Yu|1y=2024|1p=58|2a1=Pines|2y=2024|2p=120|3a1=Goldin|3y=2011|3p=96|4a1=Jiang|4y=2021|4p=240}}
	
Recalling Shen Buhai, chapter 43 considered administrative standards or method (fa) necessary, differentiating it under the term shu 术 (administrative) technique.{{sfnm|1a1=Creel|1y=1982|1p=81,93-95,98,103|2a1=Goldin|2y=2011|2p=91-92,96|3a1=Hansen|3y=1992|3pp=364,347,350|4a1=Graham|4y=1989|4p=268,282-283|5a1=Yu|5y=2024|5p=58-59|6a1=Jiang|6y=2021|6p=235}} 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.{{sfnm|1a1=Creel|1y=1982|1p=94,100|2a1=Makeham|2y=1994|2pp=68,70|3a1=Graham|3y=1989|3p=283|5a1=Goldin|5y=2011|5p=96 In an updated online version of the paper, Goldin recalled Makeham's rendering as ''proposals'' as the more modernly accurate technical discussion of the earlier scholars, but Makeham does not include the entire quotation.}} Chapter 5 links the idea to the [[Dao|Way]], while Xing-Ming as connected to reward and punishment is a doctrine of the Han Feizi's Chapter 7.{{sfn|Wang|2024|p=590-591}}

Though its later term is the Han Feizi's,{{sfnm|1a1=Creel|1y=1982|1p=82|2a1=Makeham|2y=1990|2p=87,89|3a1=Jiang|3y=2021|3p=240,403}} retrospectively, Xing-Ming may be considered Shen Buhai "most important administrative contribution", in the sense referring to his line of practice.{{sfn|Goldin|2011|p=92}} Arguably a central concept in the Han Feizi,{{sfn|Makeham|1994|p=67}} it is at minimum a "crucial element".{{sfnm|1a1=Pines|1y=2023|2a1=Pines|2y=2024|2p=121 recalls Goldin, Wang Pei and Indracollo}} [[Sinologist]] Goldin compared it to a "bid for contracts", allowing ministers to appoint themselves to "titles", or offices.{{sfnm|1a1=Goldin|1y=2013|1p=8-9|2a1=Pines|2y=2023}} The Han Feizi's Chapters 5 "Way of the Ruler" and Chapter 7 "Two Handles" have examples of its doctrine,{{sfn|Pines|2024|p=121,325}} included under shu technique in chapter 43.{{sfnm|1a1=Creel|1y=1982|1p=94-95,82|2a1=Makeham|2y=1994|2p=68|3a1=Youlan|3y=1976|3p=160-161}}

[[Herrlee G. Creel|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 state|Qin]].{{sfn|Creel|1982|p=93,144}} But the Han Feizi's Shang Yangian legal component is arguably more theoretical.{{sfnm|1a1=Leung|1y=2019|1p=116|2a1=Vandermeersch|2y=1987|2p=174|3a1=Shih|3y=2015b|3p=304}} The Han Feizi's chapter 5 introduction to its own version of Xing-Ming administration includes specific practical recommendations, and is not just theoretical.{{sfn|Liao|1939|pp=Ch5. Tao of the Sovereign. Footnote 4}} 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.{{sfn|Bai|2024|p=661}}

{{Blockquote| Empty and inactive, he waits, making titles name themselves, and making assignments determine themselves. Those who have proposals produce their own titles, and those who have assignments produce their own performance. When performance and title match each other, the ruler does not need to be involved – he lets them revert to what they really are. Chapter 5 主道 The Way of the Ruler. Christoph Harbsmeier, 2025 ed. Østergaard Petersen and [[Yuri Pines]]}}
	
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,{{sfn|Hansen|1992|pp=347,364-367}} developing out of a non-penal practice that would not have required law.{{sfn|Goldin|2011|p=93}}

{{Blockquote| A sovereign who wants to suppress treachery must examine and match performance (the form, xing 形) and title (the name, ming 名). Performance and title refer to the difference between the proposal (言 speech) and the task. The minister lays out his proposal; the ruler assigns him the task according to his proposal, and solely on the basis of the task determines [the minister’s] merit. Han Feizi Ch7. Chen Qiyou 2000 {{sfn|Pines|2024|p=121}}}}

Sima Qian's inclusion of Shang Yang gives the impression he was familiar with the same doctrine;{{sfn|Jiang|2021|p=243}} while there is no evidence Shang Yang literally studied Shen Buhai,{{sfn|Creel|1982|p=100 footnote 37}} the Book of Lord Shang does have "doctrines of names".{{sfnm|1a1=Pines|1y=2024|1p=588-589,648|2a1=Pines|2y=2017b|2p=50-51}}

{{Blockquote| When the sage makes a law, he must make it clear and easily understandable. When the names (ming; words) are correct, both the ignorant and the knowledgeable can understand them. [[Book of Lord Shang]] Ch26. 故聖人為法，必使之明白易知，名正，愚知徧能知之{{sfn|Pines|2024|p=589}}}}
	
[[Sima Qian]]'s [[Shiji]] attests the [[First Emperor]] as proclaiming Xing-Mings's practice.{{sfn|Creel|1982|p=86}} Though it is questionable that Xing-Ming was an integrated part of a legal system in Shen Buhai's time,{{sfn|Goldin|2011|p=92}} it arguably is in Sima Qian's model of the Qin empire.{{sfn|Pines|2024|p=589}}
	
{{Blockquote|  “The Qin (or "great") sage looks down at his state. In the beginning, he fixed Xing-Ming; manifested and displayed old statutes, started leveling laws and models, meticulously distinguished duties and tasks, so as to establish constancy and permanence” 秦(泰?)聖臨國，始定刑名，顯陳舊章，初平法式，審別任職，以立恒常. [[Sima Qian]]'s [[Li Si]], [[Shiji]] Ch63{{sfn|Pines|2024|p=586,589}}}}

==Agriculture and war==
{{See also|Discourses on Salt and Iron}}
[[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.{{sfn|Loewe|1986|p=36-37}} Agriculture and war may have been Shang Yang's "single most important slogan."{{sfnm|1a1=Goldin|1y=2011|1pp=16-17,104-105|2a1=Pines|2y=2014|2p=23|3a1=Schwartz|3y=1985|3p=328-335,342-343|4a1=Pines|4y=2023}} Though [[Xun Kuang]] is probably accurate in considering Shen Dao to be focused on fa administrative standards,{{sfnm|1a1=Jiang|1y=2021|1p=235-240|2a1=Goldin|2y=2011|2p=92}} 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]]''.{{sfn|Rubin|1974|p=343}}{{sfnm|1a1=Graham|1y=1989|1p=268|2a1=Watson|2y=1996|3p=9}}

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.{{sfnm|1a1=Loewe|1y=1999|1p=587-591|2a1=Goldin|2y=2011|p=96|3a1=Pines|3y=2014|3p=19|4a1=Lewis|4y=1999|4p=351,43|5a1=Pines|5y=2024|5pp=29-31}} [[Sima Qian]] considered its reform the first of Shang Yang's accomplishments.{{sfn|Goldin|2011|p=105}}

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.{{sfn|Creel|1974|pp=23,37}}{{sfn|Yu|2024|p=23}}

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]].{{sfnm|1a1=Lewis|1y=1999|1p=71,94|2a1=Goldin|2y=2012|2p=7,15,173|3a1=Pines|3y=2023}} [[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.{{sfn|Pines|2024b|pp=29-30}}

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 (state)|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.{{sfnm|1a1=Pines|1y=2017b|1p=27,44-45|2a1=Goldin|2y=2011|2p=104(16)|3a1=Pines|3y=2023|4a1=Jiang|4y=2021|4p=244|5a1=Loewe|5y=1999|5p=587-591|6a1=Pines|6y=2014|6p=18|7a1=Pines|7y=2014|7p=19}} The [[Han Feizi]] contrasts Shang Yang with Shen Buhai,{{sfnm|1a1=Pines|1y=2024|1p=120|2a1=Creel|2y=1982|2p=95|3a1=Goldin|3y=2011|3p=96|4a1=Graham|4y=1989|4p=268|5a1=Xiao|5y=2008|5p=207}} but pairs Shang Yang with general [[Wu Qi]] from the [[Chu state]] as a model reformer;{{sfn|Pines|2024|p=285}} Wu Qi's reforms were just not as successful as Shang Yang's.{{sfn|Cua|2003|p=362}}

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.{{sfn|Pines|2017b|p=50-51}}

==Late intersection==
[[File:Early_Warring_States_Period.png|thumb|Early Warring States period]]
{{further |Shen Buhai}}
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.{{sfnm|1a1=Pines|1y=2014|1p=5-6|2a1=Jiang|2y=2021|2p=459}} But early Central Chinese thinkers were likely not familiar with him as a school;{{sfn|Hansen|1992|p=344}} or, at least, do not discuss him or associated writings in preserved texts,{{sfn|Fraser|2011|p=64}} with the late Han Feizi their first preserved reference outside the [[Book of Lord Shang]].{{sfn|Pines|2017|p=26}}

Nor would [[Shen Buhai]] seem as influential as [[Shen Dao]] until later in the period.{{sfn|Fraser|2011|p=64}} The Han Feizi recalls what it termed Shen Buhai's ''Shu technique'' as earlier a more secretive doctrine of the [[Hann state]] kings.{{sfnm|1a1=Pines|1y=2024|1p=120|2a1=Chang|2y=1998|2p=76|3a1=Hansen|3y=1992|3p=364|4a1=Graham|4y=1989|4p=282|5a1=Youlan|5y=1976|5p=158}} The [[Huangdi Sijing]] would have to be argued into his time period,{{sfn|Peerenboom|1993|p=12-15,17}} but the work has more is more concerned law than the early Shen Buhai, with more developed natural law arguments.{{sfnm|1a1=Pines|1y=2024|1p=344|2a1=Wang|2y=2024|2p=589,581}}<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]].{{sfnm|1a1=Pines|1y=2024|1p=63|2a1=Goldin|2y=2011|2p=96}} [[Xun Kuang]] felt it necessary to criticize him in the later period.{{sfnm|1a1=Graham|1y=1989|1p=268|2a1=Hsiao|2y=1979|2p=469}} The Han Feizi recalls Shen Buhai's ideas alongside Laozi in Chapter 5.{{sfnm|1a1=Goldin|1y=2005|1p=63|2a1=Goldin|2y=2013|2p=10-11}} Reversing their traditional chronology, [[Sinologist]] [[Herrlee Creel]] speculated that Shen Buhai might have influenced Laozi and [[Zhuangzi (book)|Zhuangzi]]. Though the Zhuangzi references Shen Dao instead,{{sfnm|1a1=Cua|1y=2003|1p=362|2a1=Hsieh|2y=1985}} it does incorporate similar Xing-Ming ideas to Shen Buhai in its "Way of Heaven" chapter.{{sfnm|1a1=Graham|1y=1989|1p=375|2a1=Creel|2y=1982|2p=72}} Shen Buhai's [[wu wei]] employment of ministers more evidently influences the Daoistic [[Huainanzi]] in the Han dynasty.{{sfnm|1a1=Goldin|1y=2005|1p=95|2a1=Goldin|2y=2005a|2p=95|3a1=Major|3y=2010|3pp=25-27,34,487|4a1=Creel|4y=1982|4p=101}}

Preceding Han Fei, the late [[Xunzi (book)|Xunzi]] is familiar with Shen Buhai, Shen Dao, and the Qin, but not Shang Yang.{{sfnm|1a1=Graham|1y=1989|1p=268|2a1=Hsiao|2y=1979|2p=469}} Sometimes compared with Shang Yang modernly, the late [[Guanzi (text)|Guanzi]] has ''comparable'' "Xing-Ming" administrative doctrines to Han Fei.{{sfn|Graham|1989|p=284}} The [[Huangdi Sijing]] has influences comparable to Shen Buhai, Shen Dao and Han Fei, but with direct Shen Dao influences most evident.{{sfnm|1a1=Peerenboom|1y=1993|1pp=8,3-4,19,241|2a1=Loewe|2y=1999|2p=1007-1008}} Seeking to "comprehend all knowledge" akin to the later [[Shiji]],{{sfn|Smith|2003|p=150}} the late Qin state's encyclopedic [[Lushi Chunqiu]] incorporates a selection from Shen Buhai's doctrine.{{sfnm|1a1=Goldin|1y=2005|1p=94|2a1=Goldin|2y=2005a|2p=94}}

==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 (Chinese)|de]], it does not have the exact same meaning as what is later called Daoism.{{sfn|Goldin|2011|p=8}}

Though characterizing Shang Yang as "a man of little kindness",{{sfn|Pines|2024|p=29}} [[Sima Qian]] may well not have regarded Fajia as referring to Shang Yang and Han Fei, simply giving Shang Yang his own chapter.{{sfn|Smith|2003|p=141}} 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.{{sfn|Creel|1974|p=224}} But the Shiji regards Shen Buhai as implementing the [[dao|Way]] in his own time.{{sfn|Yu|2024|p=62}} Shen Buhai has still modernly been argued to have been a more cooperative figure than Han Fei.{{sfn|Jiang|2021|pp=239-241}}

{{Blockquote| In the eighth year, Shen Buhai was appointed prime-minister of Han. He rectified the state’s shu (technique) and implemented the [[Dao|Way]]. The country was well-governed within, and regional lords did not dare attack.{{sfn|Yu|2024|p=62}} Shiji 45}}

Although considering Han Fei cruel,{{sfn|Pines|2024|p=576}} Sima Qian discusses him and Shen Buhai alongside [[Daodejing|Laozi]] and [[Zhuangzi (book)|Zhuangzi]],{{sfnm|1a1=Smith|1y=2003|1p=141-142|2a1=Pines|2y=2024|2p=576|3a1=Jiang|3y=2021|3p=234|4a1=Graham|4y=1989|4p=377}} taking them as originating in [[dao]] ("the Way") and [[de (Chinese)|de]] (inner power, virtue), or "the meaning of" [[Daodejing|the Way and its virtue (Daodejing)]].{{sfnm|1a1=Pines|1y=2024|1p=576|2a1=Smith|2y=2003|2p=141}} Sima Qian considered Laozi the most profound of them, but of the four, places Shen Buhai just below Laozi and the free-spirited [[Zhuangzi (book)|Zhuangzi]].{{sfn|Pines|2024|p=576}}

{{Blockquote| The Way that Laozi esteemed was [based on] emptiness; thus, he reacted to changes through non-action. Hence the words of his book are profound and subtle and are difficult to comprehend. Zhuangzi was unfettered by the Way and virtue and set loose his discussions; yet his essentials also go back to spontaneity. Master Shen Buhai treated the lowly as lowly, applying to it the principle of “names and substance ([[school of names|Ming-shi]] 名實).” Master Han Fei drew on ink line, penetrated the nature of the matters, and was clear about right and wrong. But he was extremely cruel and had little compassion. All these ideas originated from the meaning of the Way and its virtue, but Laozi was the most profound of them. Shiji 63}}

Later termed Daoist, [[A.C. Graham]] takes the [[Zhuangzi (book)|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.{{sfnp|Graham|1989|p=170}} Sima Qian attested Shen Buhai, Shen Dao and Han Fei as "''rooted''" in [[Huang-Lao]] or "[[Yellow Emperor]] and [[Tao te Ching|Laozi]] ([[Daoism]])".{{sfnm|1a1=Peerenboom|1y=1993|1p=1|2a1=Creel|2y=1982|2p=49|3a1=Schwartz|3y=1985|3p=237|4a1=Kejian|4y=2016|4p=22,184|5a1=Pines|5y=2024|5p=576}} Hence, Shen Buhai is said to be rooted in a kind of ruler or (Yellow Emperor) centered, Laozi "Daoism" in the Shiji.{{sfnm|1a1=Liu|1y=2014|1p=267,241,247,84,151-152,232-235|2a1=Goldin|2y=2005a|2p=104|3a1=Liu|3y=1994|3p=xiii,166}}{{sfn|Creel|1982|p=99}}

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.{{sfnm|1a1=Liu|1y=2014|1p=243|2a1=Schwartz|2y=1985|2p=237}} 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.{{sfnm|1a1=Hansen|1y=1992|1p=345|2a1=Hansen|2y=2024b}}

==Wu wei==
Traditionally taken as ([[Daodejing|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.{{sfnm|1a1=Creel|1y=1974|1p=189 ("Striking", Laozi comparison, Creel's opinion)|2a1=Creel|2y=1982|2p=62 (Han Feizi comparison), 50 (Laozi comparison, Jin 1963)|3a1=Liu|3y=2014|3p=248 (Jin 1962)|4a1=Pines|4y=2024|4p=70 (Jiang 1988)}}

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.{{sfn|Pines|2013|pp=13,575-576,590-591}} 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.{{sfn|Yu|2024|pp=71-72}}

[[Zhuangzi (book)|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.{{sfn|Hsieh|1985|p=92}} 'Underlying' the management of ministers,{{sfn|Pines|2024|p=70-72,122}} [[Shen Buhai]] and Han Fei have ideas of wu wei differing from [[Daodejing|Laozi]] and [[Zhuangzi (book)|Zhuangzi]], inasmuch as Chancellor Shen Buhai and his ruler only "demonstrate" non-action, rather than actually being inactive.{{sfn|Pines|2024|p=70-72}}

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.{{sfn|Creel|1982|p=85}}{{sfn|Hsieh|1985|p=92}}

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.{{sfnm|1a1=Goldin|1y=2005|1p=94|2a1=Goldin|2y=2005a|2p=94}}

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.{{sfn|Pines|2024|p=70-72}}

==Shen Dao==
With the [[Han Feizi]] being Shang Yang's first preserved reference outside Qin,{{sfn|Pines|2017b|p=26}} doctrines associated with the Daoistic [[Shen Dao]] (and later [[Zhuangzi (book)|Zhuangzi]]{{sfnm|1a1=Schwartz|1y=1985|1p=186|2a1=Graham|2y=1989|2p=376|3a1=Hansen|3y=1992|3pp=345,205,208|4a1=Liu|4y=1994|4p=55|5a1=Mou|5y=2008|5p=215}}) might have played a more major ''early'' influence in central China.{{sfnm|1a1=Hansen|1y=2024b|2a1=Fraser|2y=2011|2p=64}} Not explicitly familiar with what was later called Daoist or Legalist schools,{{sfnm|1a1=Hansen|1y=1992|1pp=345,205,208|2a1=Graham|2y=1989|2p=376|3a1=Schwartz|3y=1985|3p=186|4a1=Liu|4y=1994|4p=55|5a1=Hansen|5y=2024b|6a1=Hansen|6y=2024b}} along with Shen Dao, the Zhuangzi references figures from the [[school of names]],{{sfnm|1a1=Fraser|1y=2024|2a1=Graham|2y=1989|2p=376}} which includes central Chinese practitioners of law.{{sfnm|1a1=Smith|1y=2003|1p=142-144|2a1=Fraser|2y=2024}}

Shen Dao or similar doctrines have an influence in a later chapter of the [[Book of Lord Shang]],{{sfn|Pines|2017|p=26}} and a chapter in the [[Han Feizi]] (Ch40),{{sfn|Pines|2024|p=125}} sharing the doctrine of positional power with the late [[Guanzi (text)|Guanzi]].{{sfn|Pines|2024|p=279}} When not grouped with other works on fa in the Han dynasty, before Han Fei, Shen Dao belongs more with [[Daodejing|Laozi]], [[Yang Zhu]], and Zhuangzi,{{sfnm|1a1=Shih|1y=2015b|1p=304|2a1=Schwartz|2y=1985|p=186}} contrasting with the individualist Yang Zhu.{{sfn|Cua|2003|p=362}} The more administrative Shen Dao was less focused on [[Dao]] in a cosmic sense than later Daoist texts,{{sfn|Harris|2016|p=14,17}} but his "[[Dao|Way]] of Heaven" can be directly compared with Laozi,{{sfn|Emerson|2013}} who tradition holds also wrote "because he was compelled to."{{sfn|Hansen|1992|p=222}}

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''.{{sfnm|1a1=Roth|1y=2002|1p=98|2a1=Hansen|2y=1992|2pp=345,205,208|3a1=Graham|3y=1989|3p=376|4a1=Schwartz|4y=1985|4p=186|5a1=Liu|5y=1994|5p=55|6a1=Hansen|6y=2024b}} If he preceded the Daoist figures, he may well have influenced them;{{sfn|Hansen|2024}} inasmuch as was speculated to have he written its "Essay on Seeing Things as Equal", he could considered a Zhuangzi himself.{{sfn|Liu|1994|p=55}} The Han Feizi's discussion of Shen Dao quotes a parable from a known lost chapter of the Zhuangzi.{{sfn|Pines|2020|p=13}}{{sfn|Liu|1994|p=55}}

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.{{sfn|Peerenboom|1993|p=87}} [[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, [[Emperor Yao|Yao]], [[Emperor Shun|Shun]], and administrative technique, at as least ranked below [[wu wei]] inactivity, benevolence and propriety.{{sfn|Liu|1994|p=xiii}}

===Positional power===
Placed before [[Shen Buhai]] and [[Shang Yang]] in the Han Feizi's ''outer'' chapter 40,{{sfn|Hansen|1992|p=358}} the Han Feizi discusses Shen Dao in relation to power.{{sfn|Pines|2024|p=279}} But while the Doctrine of Position does have a major influence for the Han Feizi,{{sfnm|1a1=Pines|1y=2024|1p=279|2a1=Jiang|2y=2021|2p=440|3a1=Hansen|3y=1992|3p=362–364}} Shen Dao was more naturalistic,{{sfn|Harris|2016|p=14,17}} with a conception of power resembling the [[Zhuangzi (book)|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.{{sfnm|1a1=Rubin|1y=1974|1p=338|2a1=Liu|2y=1994|2p=55}}

{{blockquote | The flying dragon rides on the clouds and the rising serpent strolls through the mists; but when the clouds and the mists disperse, the dragon and the serpent become the same as the earthworm and the large-winged black ant, because they have lost what they rested on...  If the bow is weak, but the arrow flies high, it means that it is driven up by the wind.(Han Feizi ch.40)<ref>Han Feizi Ch.40 from {{harvnb|Rubin|1974|p=338}}; {{harvnb|Pines|2014|p=5}}</ref>}}
{{blockquote | Shen Dao discarded knowledge and renounced the self; he followed the inevitable and was indifferent to things... shifting and slippery, he changed about with circumstances. He went where he was pushed and followed where he was led, like a whirling gale, like a feather tossed in the wind. (Zhuangzi)<ref>Zhuangzi Ch.33 from {{harvnb|Rubin|1974|pp=338}}</ref>}}

Where the Han Feizi's Chapter 5 refers to a Way of the Ruler based in controlling ministers,{{sfn|Pines|2024|p=589-590}} 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.{{sfn|Sato|2003|p=122-123}} Han Fei's doctrine of position relies more on institutions in the late period, as to make it more comparable with the late Mohists.{{sfnm|1a1=Vandermeersch|1y=1987|1p=174-175|2a1=Pines|2y=2023|3a1=Pines|3y=2024|3p=119}} 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.{{sfnm|1a1=Pines|1y=2023|2a1=Pines|2y=2024|1p=279}}

Shen Dao's ruler was a "single esteemed person", intended to benefit all under heaven against ministerial oligarchies.{{sfn|Sato|2003|p=122-123}} 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.{{sfn|Pines|2024|p=279}} Chapter 48 considers shih power a necessary precondition of enforcing strict order and finally carrying out fa law.{{sfn|Youlan|1976|p=158}}

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.{{sfn|Cua|2003|p=362}}

==Changing with the times==
[[File:Half Portraits of the Great Sage and Virtuous Men of Old - Meng Ke (孟軻).jpg|alt=|thumb|The people of Qi have a saying – "A man may have wisdom and discernment, but that is not like embracing the favourable opportunity. A man may have instruments of husbandry, but that is not like waiting for the farming seasons." [[Mencius]]]]
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.{{sfn|Youlan|1976|p=156}} 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]],{{sfnm|1a1=Pines|1y=2023|2a1=Goldin|2y=2012|2p=2}} but would be a radical departure from earlier ideas.{{sfn|Leung|2019|p=125-128}} The Qin idea of an eternal dynasty would seem more connected with that of relying on law rather than the ruler.{{sfnm|1a1=Watson|1y=1962|1p=178|2a1=Leung|2y=2019}}

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 [[Malthusian]]s, 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.{{sfn|Graham|1989|p=270-273}}{{sfn|Pines|2023}}

Taking Shang Yang as inheriting from [[Li Kui (legalist)|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.{{sfn|Hsiao|1979|p=67}} Making use of the term, [[Shen Buhai]] and the [[Guanzi (text)|Guanzi]] do have administrative ideas that go back to the Confucian [[rectification of names]], or cheng ming.{{sfn|Graham|1989|p=284}}

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.{{sfnm|1a1=Hansen|1y=1992|1p=208, 217, 236|2a1=Hansen|2y=2024b}} Shen Dao promotes a "[[Dao|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.{{sfn|Harris|2016|p=17}} 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]],{{sfn|Hansen|1992|p=218,358,373,374}} combined with Shen Buhai in Chapter 5.{{sfn|Goldin|2005|p=63}}

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]].{{sfn|Chang|1998|p=23-24}}

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 [[dao|way]] of statecraft'.{{Sfnm|1a1=Goldin|1y=2012|1p=257|2a1=Schneider|2y=2018|2p=12}} The [[Huang-Lao boshu]] developed a more metaphysical naturalist view, promoting a "predetermined natural order" for humanity.{{sfn|Peerenboom|1993|p=4}} The Han Feizi only hints at such a view, affirming the Dao as "the standard of right and wrong".{{sfn|Goldin|2013|p=15-16}} The Later Mohists and Han Fei moved away from an emphasis on heaven or nature,{{sfnm|1a1=Hansen|1y=1992|1p=208, 217, 236|2a1=Hansen|2y=2024b}} towards one of a man-made Sovereignty, a view affirmed by the Han Feizi's discussion of Shen Dao.{{sfn|Vandermeersch|1987|p=174-175}} Although Han Fei recalls [[Daodejing|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."{{sfn|Graham|1989|p=289,293}}

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 past{{' "}}, and a political dictatorship less frightening than one adoring the past.{{sfn|Pines|2024|p=488}} 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:{{sfn|Shih|2013|p=89}}

{{Blockquote|You glorify Nature and meditate on her: Why not domesticate and regulate her? You follow Nature and sing her praise: Why not control her course and use it? ... Therefore, I say: To neglect man's effort and speculate about Nature, is to misunderstand the facts of the universe.}}

Stressing timeliness, [[Sima Tan]]'s description of the '[[Daoism|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 (book)|Zhuangzi]] and [[Daodejing|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.{{sfn|Liu|1994|p=xvi}}

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.{{sfn|Fraser|2011|p=65}} 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.{{sfnm|1a1=Goldin|1y=2005|1p=59|2a1=Leung|2y=2019|2p=1|3a1=Jiang|3y=2021|3p=237,452}}

==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".{{sfn|Yu|2024|p=70}} As another alternative model of wu wei from the period, the [[Huangdi Sijing]] switches to an active posture at "the right moment".{{sfn|Chang|1998|p=18,29,69,91}} 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]].{{sfn|Creel|1982|p=67}}

{{Blockquote| The skillful ruler avails himself of an appearance of stupidity, establishes himself in insufficiency, places himself in timidity, and conceals himself in inaction. He hides his motives and conceals his tracks. He shows the world that he does not act. One who shows men that he has a surplus has his possessions taken from him by force, but to him who shows others that he has not enough, things are given. Therefore, those who are near feel affection for him, and the distant think longingly of him. The strong are cut down, those in danger are protected. The active are insecure, the quiet have poise. Ch’ün-shu Chih-yao (Qunshu Zhiyao) 36 (Shen Buhai, [[Wei Zheng]]){{sfnm|1a1=Creel|1y=1982|1p=67|2a1=Yu|2y=2024|2p=70}}}}

SchooSima Qian does characterize Shen Buhai and Han Fei as rooted in a ([[Yellow Emperor|Huang]])-Laozi ("Daoism"), and does recall them alongside Zhuangzi. Shen Buhai or Huang-Lao may emphasize ideas like fa or xing-ming more,{{sfn|Pines|2024|p=576,591}} but such demarcations are a later Confucian concern.{{sfnm|1a1=Hansen|1y=1992|1p=13|2a1=Creel|2y=1982|2p=93-95,61*74}} Along with the Zhuangzi, the [[Daodejing]] arguably does hold a negative of view law;{{sfnm|1a1=Pines|1y=2024|1p=5|2a1=Graham|2y=1989|2p=273}} but the Zhuangzi goes on to accept a place for administrative technique within government,{{sfn|Liu|1994|p=xiii}} i.e. Xing-Ming.{{sfn|Graham|1989|p=365}} 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.{{sfnm|1a1=Hansen|1y=2024|2a1=Liu|2y=1994|2p=166}}

Sima Tan criticized fa where "strict or unkind" as he defined it,{{sfn|Goldin|2011|pp=89,91}} but claimed the [[Daoism|Dao-school]] to incorporate the good or essential elements of all the schools.{{sfnm|1a1=Smith|1y=2003|1p=144|2a1=Goldin|2y=2011|2p=88|3a1=Liu|3y=1994|3p=xi,130}} This syncretism marks the late Warring States period, characterizing "Huang-Lao".{{sfn|Liu|1994|p=xi}} 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.{{sfn|Liu|1994|p=xiv,xv}} 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."{{sfn|Liu|1994|p=xvi}}

{{Blockquote| The Way that Laozi esteemed was [based on] emptiness; thus, he reacted to changes through non-action. [[Shiji]] 63{{sfn|Pines|2024|p=576}}}}
{{Blockquote| ("Daoism") lets people act according to the movement of time, respond to change of things, establish customs and inspire things. Sima Tan {{sfn|Liu|1994|p=xiv}}}}

Sinologist Hansen argued China's officialdom as becoming more [[Huang-Lao]] "[[Daoist]]ic", lacking in [[Zhuangzi (book)|Zhuangzi]] influences in the late period.{{sfnm|1a1=Hansen|1y=2024|2a1=Hansen|2y=2024b}} 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 (text)|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]].{{sfn|Lundahl|1992|p=129-130}}{{sfnm|1a1=Goldin|1y=2005|1p=94|2a1=Goldin|2y=2005a|2p=94 Shen Buhai Lushi Chunqiu}}{{sfn|Smith|2003|p=132 military interpretation}}

{{Blockquote| That which can be known and recognized by the ears, eyes, mind and wisdom is very superficial and incomplete, and are not sufficient to depend on. If you do not rely on them, there will be order; if you rely on them, there will be chaos. Using what is superficial to rule broadly under heaven, pacify divergent practices, and rule the myriad people - this certainly cannot succeed. The ears cannot hear a space of ten li; the eyes cannot see outside a curtain or wall; and the mind cannot know every house of three mu. Zhu shu, Shen Buhai}}

{{Blockquote| To follow is the method of the ruler; to act is the way of the minister. If (the ruler) acts, he will be troubled, if he follows, he will find peace. To follow the winter when it produces cold and the summer when it produces heat, why should the ruler do anything? Therefore to say: 'The way of the ruler is to have no knowledge and no action, but still he is more worthy than those who know and act,' that is to get the point. (Ren shu)}}

==Works of Rule==
[[File:The Yellow Emperor's four canons.jpg|thumb|Part of the ''Yellow Emperor's Four Classics'' from the discovered Silk Texts]]
Along with founding [[Han dynasty]] figures,{{sfn|Peerenboom|1993|p=1}} [[Sima Qian]] claimed [[Shen Buhai]], [[Han Fei]] and [[Shen Dao]] as "''rooted''" in [[Huang-Lao]] or "[[Yellow Emperor]] and [[Daodejing|Laozi]] (Daoism)".{{sfnm|1a1=Peerenboom|1y=1993|1p=1|2a1=Creel|2y=1982|2p=49|3a1=Kejian|3y=2016|3p=22,184}} 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]].{{sfnm|1a1=Hansen|1y=2024|2a1=Hansen|2y=2024b}} 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.{{sfn|Smith|2003|p=146}} Though the [[Huangdi Sijing]] can be compared with the [[Daodejing]] or Han Feizi, it moreover bares more resemblance to the [[Guanzi (text)|Guanzi]].{{sfn|Chang|1998|p=208}}

With Daoist or Legalist school distinctions not existing before the [[Han dynasty]], those who included [[Daodejing|Laozi]] commentaries in the [[Han Feizi]], at least, probably did not see two separate schools; they probably saw works of rule.{{sfnm|1a1=Hansen|1y=1992|1p=346,360,371-372,400|2a1=Hansen|2y=2024b}}{{sfnm|1a1=Goldin|1y=2005|1p=59-60,64|2a1=Goldin|2y=2012|2p=12|3a1=Goldin|3y=2013|3p=15,71|4a1=Fraser|4y=2011|4p=59|5a1=Pines|5y=2024|5p=589-590|6a1=Pines|6y=2023}} [[Sima Qian]] and [[Ban Gu]] describe Huang-Lao as works of rule.{{sfnm|1a1=Liu|1y=2014|1p=267,241,247,84,151-152,232-235|2a1=Goldin|2y=2005a|2p=104|3a1=Liu|3y=1994|3p=xiii,166}} While it is a question how much such content might have been extant in Shen Buhai's time,{{sfn|Hsieh|1985}} 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.{{sfn|Loewe|1999|p=1007-1008}}

While The Sijing has a more "naturalist" conception of the Way that might restrain the ruler,{{sfn|Peerenboom|1993|p=27,63}}{{sfnm|1a1=Pines|1y=2024|1p=589-590|2a1=Goldin|2y=2013|2p=15}} 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>{{harvnb|Goldin|2005|p=63}} Shen Buhai</ref>{{sfnm|1a1=Harris|1y=2016|1p=14,17|2a1=Hansen|2y=1992|2p=208, 217, 236|3a1=Hansen|3y=2024}} The Han Feizi and Later [[Mohists]] were moving away from the earlier naturalism of Shen Dao,{{sfn|Vandermeersch|1987|p=174-175}}{{sfnm|1a1=Hansen|1y=1992|1p=208, 217, 236|2a1=Hansen|2y=2024b}} and Laozi.{{sfn|Graham|1989|p=289,293}} 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.{{sfn|Pines|2024|p=589-590}}{{sfnm|1a1=Harris|1y=2016|1p=17|2a1=Pines|2y=2024|2p=585}} The late Han Feizi, [[Guanzi (text)|Guanzi]] and Sijing all have similar conceptions of principles and the [[Dao|Way]] as an art of rule, with the Han Feizi devoting three chapters to the subject.{{sfnp|Chang|1998|p=32}} 

The Han Feizi's [[Daodejing|Laozi]] commentaries could theoretically precede the [[Xunzi (book)|Xunzi]],{{sfn|Hansen|1992|p=420}} 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]].{{sfnm|1a1=Hansen|1y=2024b|2a1=Hansen|2y=2024|3a1=Goldin|3y=2013|3p=15|4a1=Loewe|4y=1999|4p=1007|5a1=Graham|5y=1989|5p=285|6a1=Schwartz|6y=1985|6p=343}} While the Han Feizi itself may not the most effective example of Daoistic ''sycnretism'',{{sfn|Graham|1989|p=285}} translator W.K. Liao considered the Han Feizi's Chapter 20 "Commentaries on Lao Tzŭ's Teachings" academically thorough.{{sfn|Liao|1939|pp=XX. Commentaries on Lao Tzŭ's Teachings. Footnote 1}}

Some scholars argued a post-Han Fei dating for the [[Mawangdui Silk Texts]],{{sfn|Ching|1991|p=65}} 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.{{sfn|Lundahl|1992|p=129}} [[Michael Loewe]] placed its [[Huangdi Sijing|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 [[Huangdi Sijing|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.{{sfnm|1a1=Peerenboom|1y=1993|1pp=8,3-4,19,241|2a1=Loewe|2y=1999|2p=1007-1008}}

Taking Shen Dao as an early theoretical representative of what would later be termed "Daoism",{{sfn|Hansen|2024b}} Hansen interpreted those works later termed legalist as works of rule.{{sfn|Hansen|1992|p=357-359}} 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.{{sfn|Hansen|1994|p=469}} 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.{{sfnm|1a1=Yu|1y=2024|1p=61-60|2a1=Creel|2y=1982|2p=94 (quotation)|3a1=Hansen|3y=1994|3p=469,477 recalls Schwartz 1985 discussion of Shang Yang}}{{sfn|Pines|2023}} 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.{{sfnm|1a1=Pines|1y=2017b|1p=12|2a1=Pines|2y=2023}}

===Laozi===
[[File:Mawangdui LaoTsu Ms2.JPG|thumb|right|150px|Ink on silk manuscript of the ''Tao Te Ching''{{snd}}from [[Mawangdui]] (2nd century&nbsp;BCE)]]
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 (book)|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.{{sfnm|1a1=Slingerland|1y=2007|1p=6,95,279|2a1=Cook|2y=2012|2p=10,14|3a1=Hansen|3y=1992|3p=202-203,223,346,360,371-373,400-401|4a1=Henricks|4y=2000|4p=7|5a1=Goldin|5y=2011|5p=19|6a1=Kim|6y=2012|6p=11|7a1=Hansen|7y=1992|7p=401|8a1=Creel|8y=1982|8p=51,54|9a1=Graham|9y=1989|9p=375}} 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,{{sfnm|1a1=Hansen|1y=1992|1p=372|2a1=Schneider|2y=2018|2pp=5,17}} and for impartial laws and techniques as purportedly bolstering the authority of a less active ([[wu wei]]) ruler.{{sfnm|1a1=Pines|1y=2013|1pp=71|2a1=Pines|2y=2023|2pp=5,17|3a1=Winston|3y=2005|3p=330}}

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.{{sfn|Pines|2024|p=20}} 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.{{sfn|Pines|2024|p=579}}

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,{{sfnm|1a1=Creel|1y=1982|1p=7|2a1=Duyvendak|2y=1992|2p=51,62}} "arousing wide interest" but which [[Herrlee Creel|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".{{Sfn|Creel|1982|p=7}}{{Sfn|Duyvendak|1992|pp=51,62}} In the Guodian and Mawangdui versions, the passage is combined with passage 18.{{Sfn|Henricks|2000|pp=11,112}}

{{Blockquote| In highest (antiquity) one did not even know there were rulers (or merely knew there were rulers)...<br>If good faith (of the prince towards the people) is inadequate, good faith (of the people towards the ruler) will be wanting.<br>Thoughtful were (the sage rulers), valuing their words!<br>When the work was done and things ran smoothly, the people all said: "We have done it ourselves!"....<br>When the great Way declines, there is "humanity and justice".<br>When state and dynasty are plunged in disorder, there are "loyal ministers".(Duyvendak 17-18){{Sfn|Duyvendak|1992|p=51}}}}

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.{{sfn|Wu|2006|p=73-74,15}} [[Shen Dao]]'s "Understanding Loyalty" includes a "concern that a focus on loyalty arises only when things have already begun to go wrong."{{Sfn|Harris|2016|pp=37}} 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.{{sfn|Pines|2009|p=51,100}} More in line with Confucianism and others parts of the Laozi,{{sfn|Pines|2009|p=207}} 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]].{{sfn|Vankeerberghen|2001|p=73-74,15}}

The Han Feizi's late [[Daodejing]] commentaries are comparable with the Daoism of the [[Guanzi (text)|Guanzi]] [[Neiye]],{{sfn|Hansen|1992|p=360}} and with its "Seven Standards" chapter, connecting the Way with patterns and principles.{{sfn|Graham|1989|p=286}} 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,{{sfnm|1a1=Goldin|1y=2005|1p=59-60,64|2a1=Hansen|2y=1992|2p=373|3a1=Goldin|3y=2012|3p=12}} sharing with Shang Yang and Shen Dao a view of man as self-interested.{{sfnm|1a1=Schwartz|1y=1985|1p=246|2a1=Pines|2y=2023}} 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.{{sfn|Makeham|1994|p=81}}

Although these early Daoist association do not include Shang Yang, the Shang Yangian figure [[Sang Hongyang]] in the Han dynasty does also quote [[Daodejing|Laozi]]. [[Chao Cuo]] may have been similarly influenced. But this would have been more part of a broader cultural context.{{sfn|Pines|2024|p=184}} Many Confucian scholars were also influenced by the [[Daodejing]].{{sfn|Creel|1982|p=50}}

==Xing-Ming==
{{See also|Huangdi sijing}}
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 (scholar)|Liu Xiang]] (77–6B CE) still considered Shen Buhai's doctrine to be that of ''Xing-Ming'', described as holding ''outcomes'' accountable to ''claims''.{{sfnm|1a1=Pines|1y=2023|2a1=Makeham|2y=1994|2p=68,69,72,75,166}}{{sfnm|1a1=Pines|1y=2023|2a1=Goldin|2y=2013|2p=11|3a1=Graham|3y=1989|3p=283}} Though later combined with Shang Yang, Han Fei names Shen Buhai as progenitor for his doctrine of Xing-Ming.{{sfnm|1a1=Creel|1y=1982|1p=94-95|2a1=Makeham|2y=1994|2p=68|3a1=Goldin|3y=2011|3p=92}}

The term Xing is an example of a model or standard (fa),{{sfnm|1a1=Makeham|1y=1994|1p=166-169}} prominently dating back to Zhou texts taking [[King Wen of Zhou]] as a model.{{sfn|Pines|2024|p=577}} It still referred to models when [[Zichan]] used the term in his penal reforms.{{sfn|Pines|2024|p=579}} However, the Han Feizi states than Shen Buhai actually uses the earlier, more common philosophical equivalent, the [[Mohist]] "ming-shi", or name and reality,{{sfnm|1a1=Creel|1y=1982|1p=82|2a1=Makeham|2y=1990|2p=87,89}} so that it likely originates in the name and reality debates of the Later Mohists (or "Neo-Mohists") and [[school of names]] (Xingmingjia).{{sfnm|1a1=Makeham|1y=1994|1p=51,67|2a1=Lewis|2y=1999|2p=32|3a1=Graham|3y=1989|3p=283,377}} 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.{{sfnm|1a1=Graham|1y=1989|1p=283-284|2a1=Fraser|2y=2011|2p=66}}

Liu Xiang ([[Shiji|Pei Yin]]) recounts Shen Buhai's book as advocating Method rather than punishment.{{sfnm|1a1=Goldin|1y=2005|1pp=95, 200|2a1=Creel|2y=1982|2pp=101|3a1=Makeham|3y=1994|3p=68|4a1=Goldin|4y=2005a|4p=95}} 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."{{sfn|Makeham|1994|p=68}} Though having a meritocratic goal,{{sfnm|1a1=Makeham|1y=1994|1p=68|2a1=Hansen|2y=1992|2p=364|3a1=Graham|3y=1989}} 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".{{sfn|Makeham|1994|p=68}}

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.{{sfnm|1a1=Makeham|1y=1994|1p=81-82|2a1=Hsiao|2y=1979|2pp=409,411}} 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.{{sfnm|1a1=Pines|1y=2023|2a1=Makeham|2y=1994|2p=xvi,67-68,81-82}}

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.{{sfn|Graham|1989|p=284}}

{{Blockquote| ''Scrutinizing names''. Scrutinize the object according to the name, fix the name depending on the object. Name and object give birth to each other, and reversing become each other's ch'ing ("the essential without which the object will not fit the name"). If name and object fit there is order, if not, disorder... Graham, Guanzi Ch55}}

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]].{{sfnm|1a1=Makeham|1y=1994|1p=67-70|2a1=Makeham|2y=1990|2pp=91-92|3a1=Creel|3y=1982|3pp=93-95,98-99,103,106}} With an early meaning of form, [[fa (concept)|model]] or regulation, and fewer words in the Warring States period, the meaning of Xing (刑) is gradually lost as punishment.{{sfnm|1a1=Pines|1y=2024|1p=577|2a1=Makeham|2y=1990|2p=102-103|3a1=Makeham|3y=1994|3p=166-169|4a1=Schwartz|4y=1985|4p=322}}

By the later Han, scholars less knowledgeable than [[Liu Xiang (scholar)|Liu Xiang]] were not always aware that Shen Buhai and Shang Yang differed.{{sfn|Creel|1982|p=101}} 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.{{sfnm|1a1=Makeham|1y=1990|1p=92,103|2a1=Makeham|2y=1994|2pp=69-70,166|3a1=Creel|3y=1982|3p=91,81|4a1=Chan|4y=1991|4p=96}}

==Xing-Ming (Daoism)==
Informally associated by the Han Feizi with [[Daodejing|Laozi]],{{sfnm|1a1=Goldin|1y=2005|1p=63|2a1=Goldin|2y=2013|2p=10-11}} 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 names|school of forms and names]], and Confucian [[rectification of names]], whose terms Shen Buhai still used even if the Han Fei contrasts with them.{{sfnm|1a1=Makeham|1y=1994|1p=51,67|2a1=Lewis|2y=1999|2p=32|3a1=Graham|3y=1989|3p=283,377|4a1=Fraser|4y=2011|4p=66}} With the Qin's [[Book of Lord Shang]] only visibly intersecting central Chinese tradition with the [[Han Feizi]],{{sfn|Pines|2017b|p=26}} 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.{{sfnm|1a1=Hansen|1y=2024|2a1=Hansen|2y=2024b}}

Sima Qian pairs the two, saying "Shenzi (Master Shen) was rooted in Huang-Lao (Daoism) and prioritized xingming."{{sfn|Pines|2024|p=70}} [[Sima Tan]] criticizes strict administrative practices in favor of his Daoism,{{sfn|Goldin|2011}} but Han Fei does not develop ''mechanically'' strict Xing-Ming until the end of the Warring States period.{{sfn|Makeham|1994|p=xvi,67-68,81-82}} Sima Tan clearly includes Xing-Ming as part of his [[Daoism|Dao school]] (Daojia), in less technical terms.{{sfn|Makeham|1994|p=73-74,15}}

{{Blockquote| When the congregation of ministers has assembled, the ruler lets each one state what he will do. If the actual result coincides with his claim this is known as the 'upright'; if the actual result (Xing "forms" for Han Fei) fails to coincide with his claim,(Ming) this is known as 'hollow'. Sima Tan{{sfn|Makeham|1994|p=73-74,15}}}}

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.{{sfn|Pines|2024|p=589}} [[Shen Dao]], the [[Huangdi Sijing]], and [[Daodejing|Laozi]] still referred to a more conceptually "naturalist" Way of Heaven,{{sfnm|1a1=Emerson|1y=2013|2a1=Harris|2y=2016|2p=17|3a1=Pines|3y=2024|3p=585-590|4a1=Peerenboom|4y=1993|4p=20}} 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."{{sfnm|1a1=Goldin|1y=2005|1p=95|2a1=Goldin|2y=2005a|2p=95}}

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.{{sfn|Pines|2024|p=576,585}} 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.{{sfn|Pines|2024|p=585}} 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.{{sfn|Chang|1998|p=22-24}}

Though by its own statements the [[Zhuangzi (book)|Zhuangzi]] generally favors self cultivation,{{sfnm|1a1=Liu|1y=1994|1p=6|2a1=Chang|2y=1998|2p=36}} differing "dramatically" from prior chapters,{{sfn|Wang|2024|p=587}} 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 (Chinese)|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.{{sfnm|1a1=Graham|1y=1989|1p=375|2a1=Liu|2y=1994|2p=xiii|3a1=Creel|3y=1982|3p=72}} Not fully "Daoist" as later later understood, it would generally be taken as reflecting early [[Huang-Lao]] or "syncretist" thought.{{sfnm|1a1=Liu|1y=1994|1p=xiii,xiv|2a1=Wang|2y=2024|2p=587}}

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."{{sfnm|1a1=Goldin|1y=2005|1p=95|2a1=Goldin|2y=2005a|2p=95}}
{{Blockquote| "Names rectify themselves; affairs settle themselves. Thus he who has the Way grants names their autonomy but still rectifies them; he follows affairs but still settles them." Shen Buhai "The Great Body"{{sfnm|1a1=Goldin|1y=2005|1p=95|2a1=Goldin|2y=2005a|2p=95}}}}
{{Blockquote| Each name names itself, each category categorizes itself. Things are so of themselves; [the ruler] lets nothing emerge from himself. Huainanzi "Zhushu"{{sfnm|1a1=Goldin|1y=2005|1p=95|2a1=Goldin|2y=2005a|2p=95}}}}

===Way of the Ruler===
While the Han Feizi includes ideas of law, [[Daodejing|Laozi]]'s fa is usually translated as still referring to general standards or models.{{sfn|Wagner|2023|p=163}} Laozi and Zhuangzi generally lacked and even opposed law because they did not regard words and names as "sufficient to express the Way",{{sfn|Pines|2024|p=586}} 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.{{sfn|Graham|1989|p=67}}

{{Blockquote| Make freedom from desire your constant norm; thereby you will see what is subtle (妙)<ref>Robert Eno Daodejing 2010</ref>
<br>Constantly with desire, thereby observe the boundaries<ref>Aalar Fex, 2006</ref> (徼 ''jiao'' literally "border", "outer fringe" [[James Legge]].) (Laozi 1)}}

The Han Feizi's commentaries on Laozi are a critique.{{sfn|Pines|2024|p=334}} For Han Fei, "names" refer to things like ministerial proposals,{{sfn|Makeham|1994|p=75}} or "titles", so that Shen Buhai's concept of "names" can critique Laozi, at least for the Han Feizi's purposes.{{sfn|Goldin|2013|p=17}} 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".{{sfnm|1a1=Goldin|1y=2005|1p=63|2a1=Goldin|2y=2013|2p=10-11}} 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.{{sfn|Makeham|1994|p=75}} 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 [[Dao|Way]], including ideas of the Way as a standard and hints of metaphysics.{{sfnm|1a1=Goldin|1y=2013|1p=15-16,71}}

{{Blockquote| [[Daodejing|Dao is the beginning of the myriad things]], [[Huangdi Sijing|the standard of right and wrong]]. That being so, the intelligent ruler, by holding to the beginning, knows the source of everything, and, by keeping to the standard, knows the origin of good and evil. By virtue of resting empty and reposed, he waits for the course of nature to enforce itself so that all [[Shen Buhai|names will be defined of themselves and all affairs will be settled of themselves]]. Empty, he knows the essence of fullness: reposed, he becomes the corrector of motion. [[Shen Buhai|Who utters a word creates himself a name; who has an affair creates himself a form. Compare forms and names (Xing-Ming) and see if they are identical.]] Then the ruler will find nothing to worry about as everything is reduced to its reality. Ch5. W. K. Liao.}}

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]].{{sfn|Goldin|2013|p=17}} Compared with Laozi, the Han Feizi's "Way of the Ruler" has much less ambiguous language,{{sfn|Graham|1989|p=289}} promoting "the ruler's quiescence",{{sfnm|Pines|2013|p=71}} "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]].{{sfnm|1a1=Goldin|1y=2005|1p=63|2a1=Goldin|2y=2013|2p=11,15|3a1=Pines|3y=2024|3p=590|4a1=Schneider|4y=2018|4p=56}}

In "strictly practical" terms,{{sfnm|1a1=Graham|1y=1989|1p=287|2a1=Pines|2y=2023}} Shen Buhai, Shen Dao or Han Fei might loosely be thought of as originating in a Daoistic 'way in thought'{{sfnm|1a1=Loewe|1y=1999|1p=1008|2a1=Schneider|2y=2018|2p=75|3a1=Hansen|3y=1992|3p=360,358,348,362-363|4a1=Cua|4y=2003|4p=285-286,575,692|5a1=Hsieh|5y=1985|5p=103-104|6a1=Hsiao|6y=1979|6p=67|7a1=Creel|7y=1982|7p=50}} in the sense of governmental models (or standards, fa) "derived from [[Dao]]",{{sfn|Loewe|1999|p=1007-1008}} which Han Fei ultimately supplants with law.{{sfn|Pines|2024|p=587}} [[Daodejing|Laozi]], [[Zhuangzi (book)|Zhuangzi]], Shen Buhai or Sima Qian did not generally advocate laws (fa),{{sfnm|1a1=Pines|1y=2024|1p=575|2a1=Ess|2y=1993|2p=162|3a1=Creel|3y=1982|3p=74,100-101|4a1=Pines|4y=2024|4p=576}} but the recovered [[Mawangdui Silk Texts]] [[Huangdi Sijing]] did emphasizes standards (fa) as including law.{{sfnm|1a1=Cua|1y=2003|1p=539|2a1=Pines|2y=2024|2p=576}} As the first sentence of the work,{{sfn|Chang|1998|p=37}} its [[Huangdi sijing|Jingfa]] text regards the [[Dao]] as generating standards,{{sfn|Loewe|1999|p=1007-1008}} with arguments more comparable to [[natural law]].{{sfnm|1a1=Peerenboom|1y=1993|1pp=8,3-4,19,241|2a1=Loewe|2y=1999|2p=1007-1008}} "Huang-Lao" would theoretically differ in still seeking more to conform law with the Way.{{sfn|Pines|2024|p=587}}

Shen Buhai, Han Fei, and [[Sima Tan]]' preferably '[[wu wei|inactive]]' ruler contracts an assembly of ministers, correlating Ming ("names", or verbal ''claims'') such as job proposals with the Xing "forms", "[[A.C. Graham|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 (text)|Guanzi]], [[Huainanzi]], and Sima Qian's [[Shiji]].{{sfnm|1a1=Makeham|1y=1994|1p=73-74,15|2a1=Graham|2y=1989|2p=374}}

{{Blockquote| [The sage ruler] does not like or dislike things because they are beautiful or ugly, nor is he pleased or angered by punishments and rewards. He lets each name name itself and each category categorize itself. Affairs proceed from what is so of themselves with no interference from him personally. Huainanzi}}

==Eradicating punishments==
In the period preceding unification, Qin laws diverged significantly from ideas espoused in ''[[Book of Lord Shang]]'' (Shangjunshu):{{sfn|Wilkinson|2015|p=307}} 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.{{sfn|Pines|2023}}{{sfnm|1a1=Jiang|1y=2021|1p=213|2a1=Hsiao|2y=1979|2p=470}} [[Sima Qian]] depicts Qin Shi Huang as emphasising law and order, praising himself as a "sage ruler of benevolence and righteousness&nbsp;... who cares for and pities the common people".{{sfn|Watson|1962|p=174}} A major reform of the primarily administrative Qin dynasty focuses on restraining ministers, instituting office divisions that cannot punish at will.{{sfnm|1a1=Pines|1y=2009|1p=108|2a1=Smith|2y=2003|2p=143|3a1=Pines|3y=2017b|3p=231-232}}{{sfn|Loewe|1986|pp=74,526,534-535}}

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.{{sfn|Pines|2017b|p=231-232}} Although written as an interview with [[Shang Yang]], its recommendations would have been too sophisticated for his time.<ref>{{harvnb|Vandermeersch|1987|p=196}} 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.{{sfnm|1a1=Hansen|1y=1992|1p=347,357-359,369|2a1=Pines|2y=2017b|2p=231-232}}{{sfn|Vandermeersch|1987|p=196}}

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:{{sfnm|1a1=Pines|1y=2023|2a1=Pines|2y=2017b|2p=26}}{{Blockquote | Gongsun Yang said: "When [the state] implements punishments, inflicts heavy [punishments] on light [offenses]: then light [offenses] will not come, and heavy [crimes] will not arrive. This is called: 'eradicating punishments with punishments'.}}

Despite what might be assumed from associated texts, the Qin "were not extraordinarily severe for their time",{{sfn|Goldin|2005|p=5}} 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]].{{sfnm|1a1=Loewe|1y=1986|1p=50,533-543|2a1=Lewis|2y=2010|2p=72,248|3a1=Pines|3y=2023}}{{sfn|Lewis|1999|pp=19 spring and autumn exile}}

Han-era writer [[Dong Zhongshu]] (179–104&nbsp;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.{{sfn|Loewe|2011|pp=93–94}} 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]].{{sfn|Loewe|1999|pp=1007}}

===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.{{sfnm|Leung|2019|1p=118-119,129|2a1=Goldin|2y=2012|2p=5|3a1=Hansen|3y=1992|3p=368|4a1=Winston|4y=2005|4p=331}}

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.{{sfnm|1a1=Hansen|1y=1992|1p=368|2a1=Pines|2y=2023}} 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.{{sfnm|1a1=Hsiao|1y=1979|1p=404-405,417|2a1=Winston|2y=2005|2pp=330-331|3a1=Pines|3y=2023}} 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.{{sfn|Goldin|2012|pp=8}}

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.{{sfn|Harris|2016|pp=33}} 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.{{sfnm|1a1=Hsiao|1y=1979|1p=404-406|2a1=Schwartz|2y=1985|2p=337|3a1=Hansen|3y=1992|3p=347,369|4a1=Lewis|4y=1999|4p=32,33|5a1=Goldin|5y=2011|5p=98(10)|6a1=Goldin|6y=2012|6p=5-6|7a1=Pines|7y=2023}}

===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.{{sfn|Pines|2023}} [[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.{{sfn|Loewe|1986|pp=526}}{{sfn|Pines|2023}}

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.{{sfn|Lewis|2010|pp=240}} 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.{{sfn|Goldin|2005|p=6}}{{sfn|Lewis|2010|pp=72,246-248}}

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":{{sfn|Jiang|2021|pp=35,420}} {{Blockquote | Those men who violated the laws, committed treason, and carried out major acts of evil always worked through some eminent and highly placed minister. And yet the laws and regulations are customarily designed to prevent evil among the humble and lowly people, and it is upon them alone that penalties and punishments fall. Hence, the common people lose hope and are left with no place to air their grievances. Meanwhile, the high ministers band together and work as one man to cloud the vision of the ruler.}}

== 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.{{sfnm|1a1=Goldin|1y=2011|1p=95|2a1=Yu|2y=2024|2p=79|3a1=Jiang|3y=2021|3p=233|4a1=Pines|4y=2020|4p=334|5a1=Youlan|5y=1976|5p=158|6a1=Peerenboom|6y=1993|6p=334 Pines focuses on Chapter 40}} But Shen Dao's fragments suggest he was also focused more on fa.{{sfnm|1a1=Graham|1y=1989|1p=268|2a1=Goldin|2y=2011|2p=91-92|3a1=Jiang|3y=2021|3p=58}}

Legalism has been cited by scholars and commentators as having ideological influence on the current governance of the [[People's Republic of China (PRC)|People's Republic of China]].<ref>{{Citation |last=Lin |first=Delia |title=The CCP's exploitation of Confucianism and Legalism |date=2017-08-18 |work=Routledge Handbook of the Chinese Communist Party |pages=47–58 |editor-last=Lam |editor-first=Willy Wo-Lap |editor-link=Willy Wo-Lap Lam |edition=1 |publisher=[[Routledge]] |language=en |doi=10.4324/9781315543918-3 |isbn=978-1-315-54391-8}}</ref><ref>{{Citation |last=Patapan |first=Haig |title=Legalism and Xi Jinping Thought |date=2022-11-18 |work=Chinese Legality |pages=52–70 |edition=1 |place=London |publisher=[[Routledge]] |language=en |doi=10.4324/9781003294887-5 |hdl=10072/422569 |isbn=978-1-003-29488-7|hdl-access=free }}</ref><ref>{{Cite journal |last=Schneider |first=David K. |date=2016 |title=China's New Legalism |url=https://nationalinterest.org/feature/chinas-legalist-revival-15845 |journal=[[The National Interest]] |issue=143 |pages=19–25 |issn=0884-9382 |jstor=26557304}}</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.{{sfn|Bai|2024|p=672}}

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{{refend}}

==External links==
{{Commons category}}
* [http://www2.iath.virginia.edu/saxon/servlet/SaxonServlet?source=xwomen/texts/hanfei.xml&style=xwomen/xsl/dynaxml.xsl&chunk.id=tpage&doc.view=tocc&doc.lang=bilingual The Han Feizi]
* [http://ctext.org/shang-jun-shu Book of Lord Shang]

{{Philosophy topics}}
{{Jurisprudence}}
{{Chinese philosophy}}

{{DEFAULTSORT:Legalism (Chinese Philosophy)}}
[[Category:Chinese law]]
[[Category:Classical Chinese philosophy]]
[[Category:Theories of law]]
[[Category:Politics of China]]
[[Category:Political theories]]
[[Category:Legalism (Chinese philosophy)| ]]