Eirik Lang Harris

‘Legalism’ is a term that has long been used to categorize a group of early Chinese philosophers including, but not limited to, Han Fei (Han Feizi), Shen Dao, Shen Buhai, and Shang Yang. However, the usefulness of this term has been contested for nearly as long. This essay has the goal of introducing the idea of ‘Legalism’ and laying out aspects of the political thought of Han Fei, the most prominent of these thinkers. In this essay, I first lay out how the term Legalism could be useful and what would be necessary in order for it to serve that use. I then turn to an investigation of certain aspects of the most prominent Legalist philosopher, Han Fei, that is quite important for understanding his philosophy and situating him in the context of the early Chinese philosophical milieu. In particular, I focus on an analysis of Han Fei's conception of the Way (dao), arguing that features of his philosophy most often discussed, namely, his advocacy of law (fa), administrative techniques (shu), and positional power (shi), arise out of his conception of a cosmic Way. I then turn to Han Fei's understanding of the role of history, demonstrating how it differs radically from the views of his contemporaries, raising serious challenges to Confucian, Daoist, and Mohist conceptions of history

Even among those who work in the field of early Chinese philosophy,the name Shen Dao (慎到, ca. 360–285 BCe) rarely calls to mind much of interest, and what it does call up are often simply depictions of him in several of the more famous texts of the time: in the Han Feizi as an advocate of positional power; in the Xunzi as being blinded by a focus on laws; or in the Zhuangzi as one who wished to discard knowledge. Few through the centuries have attempted to examine his philosophical thought in detail, in part because no complete edition of his work has existed since at least the tenth century. Fragments of the work attributed to Shen Dao do, however, still exist, and by examining them we can begin to piece together an understanding of his political philosophy. In doing so, we come to the realization that Shen Dao's ideas are important not only historically but also merit attention from those engaged in constructive political philosophy. In his historical context, Shen Dao was one of the first political thinkers openly to question the tight connection between ethics and politics that was assumed by a range of thinkers in the Confucian and Mohist traditions. In particular, he provides a range of arguments against the state relying on the moral cultivation of even some of its members, focusing not on changing or developing the innate tendencies of human beings but rather on working with the natures humans initially have.

In this paper, I take a prominent and plausible conception of virtues from the Western tradition, apply it to some early Confucian texts, and see where it succeeds and fails. In this way, I hope to be able to show how this conception of virtues needs to be revised. The particular conception of virtues I am starting with is one of virtues as correctives that was made prominent by Philippa Foot in her paper “Virtues and Vices.” On Foot’s account, “the virtues are corrective, each one standing at a point at which there is some temptation to be resisted or deficiency of motivation to be made good.” This conception captures certain aspects of the virtues. However, I demonstrate that virtues that are often thought of as correctives are not best characterized in this way, at least on the general understanding of correctives. I do this in two ways. First I show that being a corrective is only a contingent feature of these virtues. Second, I demonstrate that ‘self-love’, which carries many similarities to other so-called corrective virtues, is a plausible candidate for the status of virtue while not being a corrective, even in a contingent way. This claim about the plausibility of ‘self-love’ as a virtue is one that Foot explicitly denies. In addition, I show that there is another class of virtues that the idea of virtues as correctives completely misses. I will call this class of virtues ‘inclinational virtues.’ Finally, I explain why expecting the notion of a corrective to accommodate the idea of inclinational virtues is unwise.

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.