Legalism Essay ⋆ History Essay Examples ⋆ EssayEmpire

Legalism in Chinese is called fajia (fa-chia), meaning “school of law.” It is not strictly a philosophy but a set of amoral and cynical rules aimed at total control and regimentation of society in the interest of a powerful state that is successful in war. It developed late in the Warring States era (403–222 b.c.e.), during the Qin (Ch’in) dynasty, and is credited as the reason for its successful drive to unify China.

The first Legalist leader was Gungsun Yang (Kungsun Yang), better known as Shang Yang or Lord Shang (d. 330 b.c.e.). He wrote the Book of Lord Shang, which emphasized government by law, giving the school its name. Lord Shang became chief minister of the state of Qin. He opposed the feudal order as anachronistic and replaced it with a centralized government in which military and civil officers were promoted by merit. Agriculture and war were promoted and glorified because these activities made a state rich and strong, whereas music, literature, and history were condemned as useless and poisons to the mind. Man-made laws, not divine or moral laws, were all encompassing, severely punishing people for disobedience and richly rewarding those who served the state well; no one was exempt. When the system was completely in place, the state was supposed to run flawlessly and the ruler was supposed to be able to enjoy life in the palace untroubled.

Two other Legalist leaders were Han Fei (d. 233 b.c.e.) and Li Si (Li Ssu, d. 208 b.c.e.). Both studied under the heterodox Confucian philosopher Xunzi (Hsun Tzu) and went on to serve the Qin state. Han Fei wrote a book named after himself, and like Lord Shang’s book, it was a guide for operating a Legalist-style government that emphasized authority, administrative techniques, and the law. Han Fei fell from power at the hands of his schoolmate and rival Li Si and was forced to take poison in prison. Li became chief minister of Qin and guided its final push to supreme power under the first emperor. He too died in prison at the hands of his political enemy; two years later the Qin empire fell, and the discredited and hated Legalist school would be discarded for all time.

Legalism emphasized the use of ruthless power to create an all-powerful state run on impartial and strict laws that could self-perpetuate endlessly. Rewards and punishments were manipulated so that people would serve the interests of the state. Everything was regulated, including thought, hence chief minister Li Si advocated and carried out the burning of books and the killing of hundreds of Confucian scholars after the Qin unification. Lord Shang, Han Fei, and Li Si developed and implemented Legalist ideas and techniques, which enabled Qin to defeat its rivals, unify China, and briefly impose its totalitarian rule.

References:

Bodde, Derk. China’s First Unifier, a Study of the Ch’in Dynasty as Seen in the Life of Li Ssu (280?–208 B.C.). Reprint, Hong Kong: Hong Kong University Press, 1967;
Dubs, Homer H. The Works of Hsuntze. London: Arthur Probsthain, 1928;
Duyvendak, Jan Julius. The Book of Lord Shang, a Classic of the Chinese School of Law. London: Arthur Probsthain, 1963;
Li, Yu-ning, ed. Shang Yang’s Reforms and State Control in China. White Plains, NY: M. E. Sharpe, 1977.

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