Eirik Lang Harris

One of Han Fei’s most trenchant criticisms against the early Confucian political tradition is that, insofar as its decision-making process revolves around the ruler, rather than a codified set of laws, this process is the arbitrary rule of a single individual. Han Fei argues that there will be disastrous results due to ad hoc decision-making, relationship-based decision-making, and decision-making based on prior moral commitments. I lay out Han Fei’s arguments while demonstrating how Xunzi can successfully counter them. In doing so, I argue that Xunzi lays out a political theory restricting the actions of the ruler through both the use of ritual and law, which allows him to develop a theory that legitimizes government while at the same time constraining itself. Xunzi’s political theory makes important strides in its attempt to recognize the importance of the ruler as a moral exemplar while also restricting his control in the political process.

Although there has been a resurgence of interest in virtue ethics, there has been little work done on how this translates into the political sphere. This essay demonstrates that the Confucian thinker Xunzi offers a model of virtue politics that is both interesting in its own right and potentially useful for scholars attempting to develop virtue ethics into virtue politics more generally. I present Xunzi’s version of virtue politics and discuss challenges to this version of virtue politics that are raised by the Legalist thinker H an Fei. I show that not only is Xunzi’s virtue politics capable of surviving the challenges raised by his contemporary, he offers an account that is in many ways both attractive and plausible, one that may usefully be brought into conversation with contemporary visions of virtue politics

In much of pre-Qin political philosophy, including those thinkers usually labeled Confucian, Daoist, or Mohist, at least part of the justification of the political state comes from their views on morality, and the vision of the good ruler was quite closely tied to the vision of the good person. In an important sense, for these thinkers, political philosophy is an exercise in applied ethics. Han Fei, however, offers an interesting break from this tradition, arguing that, given the vastly different goals of moral theory and political theory, it would be disastrous to rely upon the former to undergird the latter. He develops a distinctly amoral political philosophy that avoids many of the problems he sees as arising from a reliance on particular virtues on the part of the ruler or others within the state. In this paper, I analyze the source of normativity in Han Fei’s political philosophy, arguing that he demonstrates a keen understanding of the problems inherent in any system that relies upon moral standards to develop a strong, stable, and prosperous state. Rather, he demonstrates how an understanding of human nature, along with a recognition of facts about the natural world, allows for the development of a non-moral political philosophy that relies on a systematic bureaucracy and an inviolate system of law, one which will be much more successful, he believes, than anything his competitors can construct.

In this paper, I analyze the ‘Da ti’ chapter of the Han Feizi 韓非子. This chapter is often read as one of the so-called Daoist Chapters of text. However, a deeper study of this chapter allows us to see that, while Daoist terminology is employed, it is done so in a way that is certainly not reminiscent of either the Zhuangzi 莊子 or the Laozi 老子. Neither, though, does it have quite the flavor of other chapters in the Han Feizi where scholars have often read Han Fei s advocating a system of government based on laws promulgated by the ruler, the content of which is left solely to the ruler’s discretion. Throughout this paper, I hope to demonstrate that a reading of the ‘Da ti’ chapter allows us to understand that Han Fei is not simply advocating a system of government based on laws promulgated by the ruler, the content of which is left solely to the ruler’s discretion. This chapter can help us begin to understand that Han Fei has a much more nuanced system and that he advocates law that accords with the overarching pattern of the universe. In doing this, I will show that the idea of fa 法 (standard, law) that we see utilized by Han Fei, both in these chapters do not fall neatly into Western conceptions of law, and thus previous scholars who have worked based on these conceptions have missed important aspects of Han Fei’s thought. I also attempt to demonstrate that this interpretation of law is consistent with the way that it is used in the rest of the Han Feizi.

The Shenzi Fragments is the first complete translation in any Western language of the extant work of Shen Dao (350–275 B.C.E.). Though his writings have been recounted and interpreted in many texts, particularly in the work of Xunzi and Han Fei, very few Western scholars have encountered the political philosopher's original, influential formulations. This volume contains both a translation and an analysis of the Shenzi Fragments. It explains their distillation of the potent political theories circulating in China during the Warring States period, along with their seminal relationship to the Taoist and Legalist traditions and the philosophies of the Lüshi Chunqiu and the Huainanzi. These fragments outline a rudimentary theory of political order modeled on the natural world that recognizes the role of human self-interest in maintaining stable rule. Casting the natural world as an independent, amoral system, Shen Dao situates the source of moral judgment firmly within the human sphere, prompting political philosophy to develop in realistic directions. Harris's sophisticated translation is paired with commentary that clarifies difficult passages and obscure references. For sections open to multiple interpretations, he offers resources for further research and encourages readers to follow their own path to meaning, much as Shen Dao intended. The Shenzi Fragments offers English-language readers a chance to grasp the full significance of Shen Dao's work among the pantheon of Chinese intellectuals.