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Legalist thought

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Legalist school is a school that studies the way of state governance in the history of China, and put forward the idea of enriching Qiang Bing and governing the country according to law. This is one of a hundred schools of thought. An important school that advocated the rule of law as the core thought in the Warring States period. Han Shu literature and art is listed as one of the "Nine Rivers". Its ideological source can be traced back to Guan Zhong and Zi Chan in the Spring and Autumn Period. During the Warring States Period, Li Kui, Wuqi, Shang Yang, Shen Dao, Shen Buhai and others flourished and formed their own school. At the end of the Warring States period, Han Fei summarized and synthesized their theories, which were masterpieces of Legalists. Legalists emphasize "don't be intimate, don't be extremely noble and divorced from the law." [1] Legalism is the most important school among the pre-Qin philosophers. And put forward a set of theories and methods. This provided an effective theoretical basis for the later establishment of the centralized Qin Dynasty. The later Han Dynasty inherited the centralization of authority and legal system of the Qin Dynasty and was the political and legal subject of the ancient feudal society in China.

Legalists, as a major faction, put forward the idea of governing the country according to law, which still has far-reaching influence, which shows that they attach great importance to the legal system and regard the law as a compulsory tool conducive to social governance. These thoughts, which embody the construction of the legal system, have been used to this day and become the main ruling means for centralized people to stabilize social unrest. The birth of contemporary China law is influenced by legalist thought, which has a strong constraint on a country's politics, culture and morality and has a far-reaching impact on modern legal system.

Ideological source editor

In the traditional culture of rule of law in China, Qi's thought of rule of law is unique and is called Qi Legalist. Qi was a vassal state that made great contributions to the founding of the Western Zhou Dynasty, and its ancestor Boyi assisted Yu Shun, taking etiquette as a lesson and legislation as a punishment, and established a system of combining etiquette and law. Taigong sealed Qi, followed the custom with simple ceremony, made laws, made orders, and the combination of ceremony and law became the way of governing the country that Qi inherited without abolishing it. Guan Zhong assisted Qi Huangong in governing Qi. On the one hand, he regards propriety, justice, honesty and shame as the pillar to maintain the country and publicizes the importance of moral education. On the other hand, he emphasized the rule of law, and both monarch and minister obeyed the law, which made him the first person to put forward the rule of law in the history of China. By the Warring States Period, Qi had become the first ideological emancipation movement and the source of a hundred schools of thought contending in China's history, and a group of people who inherited and carried forward Guan Zhong's thought formed Guan Zhong School. Guan Zhong emphasized that the rule of law in law and education became the highest achievement of pre-Qin legalists. [3]

The Warring States period is an era of great change. The popularization of ironware has greatly improved production efficiency and made individual families become basic production units. During the Warring States Period, Legalists, Wuqi, Shang Yang, Shen Buhai, and Drama Xin successively reformed laws in various countries, abolishing the hereditary privileges of nobles, and enabling civilians to gain military achievements and become new landowners by reclaiming wasteland. Giving China people a chance to be officials disintegrated the hierarchy of the Zhou Dynasty. Fundamentally shaken the aristocratic regime maintained by blood. The political spokesmen of the common people are legalists, and their political slogans are "ruling the country according to law", "being unkind, neither humble nor humble, divorced from the law", "from top to bottom, the law is not expensive, the rope is not bent" and "the punishment does not evade the officials and does not leave people behind."

Legalists have made great contributions to jurisprudence, and made fruitful discussions on the origin, essence and function of law and the relationship between law and social economy, requirements of the times, state power, ethics, customs, natural environment, population and human nature. [4]

But legalists also have shortcomings. Such as exaggerating the role of law; Emphasizing the rule of law and "eliminating punishment with punishment" ignores the role of morality. They believe that human nature is to pursue interests, and there is no moral standard, so we should use interests and honors to induce people to do it. For example, in the war, if you make meritorious deeds, you will be given high rewards, including official positions, to encourage soldiers to fight bravely with generals (this may be one of the reasons for Qin Jun's strong fighting capacity). This leads to a problem, that is, if a king can give benefits to the officials and people, the officials and people will support him, and if the king is good at "technique", then the country is likely to be strong; But if the king does not have any of the above, the country is likely to decline or even perish. Therefore, one of the major shortcomings of legalist theory is that it relies too much on the king's personal ability. However, Qin Neng's role in destroying the six countries and reunifying China should be affirmed, although there are still some shortcomings.

Educational thought editor

Legalism is a school that represents the radical interests of the new landlord class in the pre-Qin period. Representative figures are Li Kui, Wuqi, Shang Yang, Shen Dao, Shen Buhai, Han Fei, etc. They are all a group of political reformers and thinkers who advocate "political reform". They followed the trend of historical development, helped some monarchs to carry out social, political and economic reforms, and provided theories, principles and methods for maintaining the rule of the landlord class in some aspects. Legalists generally advocate political reform and innovation, demand strengthening monarchical power, advocate replacing "rule by courtesy" with "rule by law", actively develop feudal economy, encourage "war of ploughing", and strive to make Qiang Bing rich, so as to strengthen and consolidate the dictatorship of the landlord class. In the field of cultural education, legalists also put forward many educational theories and policies different from other schools. Among them, the outstanding ideological representatives are Shang Yang and Han Fei.

Shang Yang's political reform was a thorough reform movement in all countries at that time, and cultural and educational reform was one of the contents of Shang Yang's political reform. Shang Yang's cultural and educational thoughts were diametrically opposed to Confucianism at that time. He accused Confucianism of being a louse. He said: "Rites and music", "poetry and calligraphy", "benevolence and righteousness", "cultivation of goodness" and "filial piety" are all things that harm the country and the people. If we use these retro dogmas to govern the country, we will "attack the enemy without being poor" (agricultural war), and the land will be occupied when the enemy comes; If the enemy does not come, the country will be poor. At the same time, the slave owners, nobles and Confucian scholars who "eat without eating, be proud without fighting, respect without respecting" (painting strategy) are "people" It must be removed quickly. When they used "poems" and "books" as public opinion tools to learn from the scriptures in an attempt to carry out opposition activities, Shang Yang insisted on "burning poems and writing books to show the law" (Han Feizi? And ") means to strike and suppress them. From the standpoint of the emerging landlord class, Shang Yang paid special attention to cultivating innovative political talents for the emerging landlord class. He put forward: "It is forbidden for the people who travel to the official to show it to the people who fight" ("Han Feizi? And "). The so-called "prodigal son" mainly refers to those Confucian scholars who are full of decadent and conservative ideas and some foodies. They are idle and idle, and Shang Yang thinks it must be banned and cracked down. The "cultivators" that Shang Yang wanted to cultivate and promote were the people who made practical contributions to the emerging landlord class in the feudal merger war and feudal economic development. Shang Yang believes that such innovators must be boldly cultivated, promoted and appointed in accordance with the principles of "letting them do their best, not their virtues" and "being an official must rely on their strengths".

In terms of educational content, Shang Yang opposed Confucianism to educate students with "rites, music, poems and books" and instilled moral principles such as benevolence, righteousness, courtesy and wisdom in students. He thinks that "Confucianism" is just some "rhetoric and false arguments" and unrealistic "floating learning". In order to cultivate "land to the tiller" and talents ruled by law, Shang Yang advocated studying law and practical knowledge useful to the tiller. He put forward the educational program of "one education". The essence of "one religion" is to carry out unified education for the emerging landlord class, and its main content is to unify people's thoughts with the laws and policies of the emerging landlord class. Shang Yang thought: "Teach and listen" (reward and punishment). He emphasized: "The life of the people is also the foundation of governance" ("Capital Distribution"). It is clearly pointed out that "law" is the life of the landlord class and the foundation of governing the country, and it is necessary to strengthen the education of "rule of law" for the people. "If you don't speak French, you won't listen; Those who do not practice the law are not high; If you don't practice law, you're not working for yourself "(Jun Chen). That is, if it does not conform to the law, it will not listen; Do not praise acts that do not comply with laws and regulations; Don't do anything that is against the law. All words and deeds must be based on the "law" of the emerging landlord class. In order to carry out the "rule of law" education, Shang Yang practiced the principle of "putting officials in charge of the law and taking the world as a teacher" ("dividing points"), and put the power of education in the hands of officials of the emerging landlord class. If the "chief magistrate" moves or dies, he will immediately send his successor to "learn to read the imperial edict", which shows that Shang Yang attaches great importance to establishing the leading position of legalists in education. In order to strengthen and consolidate the dictatorship of the landlord class, Shang Yang emphasized the "rule of law" education, but he ignored the special role of schools in education, canceled the teaching of professional teachers and cultural knowledge, and violated the objective law of the development of cultural education. It is also a great mistake for him to adopt a simple and rude policy of completely destroying the old culture. In order to make Qin rich and strong, Shang Yang regarded agricultural war as the key to governing the country. He rewarded agricultural warfare and advocated strengthening agricultural warfare education. He said: "My fatwa: Those who want profit should not plow the fields; Those who avoid harm must fight (the law of abstinence).

In terms of educational methods, Shang Yang attached importance to cultivating and increasing talents in practical struggles through agricultural wars. I believe that people's intelligence grows up in long-term management. These all have simple materialistic ideas. However, due to the limitations of the times and classes, his policy of teaching "law" and rewarding "agricultural warfare" contains oppression and exploitation of working people.

Han Fei summed up the historical experience and lessons of class struggle in the early and middle Warring States period. "Confucianism confuses the law with literature, chivalrous people use force to prohibit it, and people are both masters" (five mistakes) is an important reason for the disaster. And that the "private school" and the rulers at that time were "ambivalent". This "private school" is a stumbling block for the new landlord class to implement the "rule of law". Therefore, he categorically advocated taking measures such as "banning its activities", "breaking its league" and "dissolving its party", that is, prohibiting the freedom of movement and freedom of speech and association of private schools.

Han Fei severely criticized and attacked other schools besides Legalism, especially Confucianism, which had the greatest influence at that time. He denounced the Confucian dogma of "courtesy, happiness, poetry and calligraphy" and the moral principles of "benevolence, righteousness, filial piety" as "the study of folly and falsehood", "the teaching of poor countries" and "the words of national subjugation", which were the fundamental reasons for the country's poverty, weakness and even national subjugation. In Han Fei's view, the theories of other schools are contradictory, which can only cause people's ideological confusion. If the rulers listen to their opinions at the same time, it will inevitably lead to chaos. Therefore, Han Fei argues that all these contradictory theories can only confuse people and legalists should be respected. In particular, we should prevent ordinary people from being influenced by the thoughts of schools other than Legalists and strictly control their thoughts.

Under the historical conditions at that time, Han Fei's legalist thought represented the interests of the radicals in the emerging landlord class. This is a progressive trend of thought, which has played an important role in establishing a unified political power for the landlord class. However, Han Fei's legalist thought also reflects the reactionary side of the landlord class, that is, the foolish policy of controlling the working people by thought. Han Fei's cultural absolutism is extremely unfavorable to the development of cultural education and the prosperity of academic schools.

Han Fei advocates cultivating "people with wisdom and skills" or "people who can practice the law" (lonely and angry). These "intelligent people" are innovative people who understand and resolutely implement the rule of law, and they are fighters who actively support and fight for the policy of "combining agriculture with combat". Han Fei elaborated on the qualities and abilities that "a person with wisdom, skill and ability to learn the law" must possess. Such an innovator must be loyal to the feudal monarch, be able to "get rid of private pleasures and value public law", "talk privately with one's mouth and look privately with one's eyes" (the golden mean), and serve the feudal country wholeheartedly. This kind of innovator should have the qualities of "foresight" and "strong honest and frank" (Lonely Anger). In other words, he should have a progressive view of history and reform ideas in his mind; Have a keen observation of politics; Strong perseverance and straightforward quality in firmly implementing the rule of law. In order to make the thought of "rule of law" occupy a dominant position in the ideological field, Han Fei inherited and developed the spirit and measures of Shang Yang's "one religion", and thought that in China, the speaker should obey the law, that is, everyone's thoughts and speeches should conform to the spirit of Legalism and abide by the laws of the country. Under the guidance of this thought, Han Fei put forward the famous legalist education program. He said: "Therefore, in the kingdom of the Lord, there are no simple words, and the law is doctrine; Without the words of the former king, take the official as the teacher "("Wu Zhu "). The essence of the so-called "writing without books" and "words without ancient kings" is to abolish and liquidate the cultural classics and moral preaching of ancient slavery, especially the things such as "rites, music, poems and books", "benevolence, filial piety and filial piety" advocated by Confucianism, so as to realize his "legal education" thought.

Ethical thought editor

Legalist thought is rich in content and relatively complete in structure, including ethical thought, social development thought, political thought and rule of law thought. Legalist ethics. Legalist ethics refers to the concept of honesty, justice and benefit based on the concept of human nature.

View of human nature

The most thematic thought in legalist ethics is the related proposition of the theory of human nature. In the eyes of legalists, it is everyone's innate nature from ancient times to the present. This nature is immutable. From the perspective of inheriting ideology and culture, the legalist view of human nature is the continuation of Xunzi's evil thoughts. Xunzi's evil thoughts are mainly manifested in the state that people's sensory desires are not satisfied. Xunzi's Theory of Evil Nature said: "Those who are happy in eyes, ears, mouth, heart, bone, body and skin are all out of human feelings." In his view, people's desire for possession of property and their desire for profit are based on human instinct. "Xunzi's Honor and Disgrace" wrote: "People's feelings are weak, their clothes are for Wen Xiu, their actions are for horses, and their husbands' accumulated wealth is for them. However, it is human nature to be insatiable in poor years. " At the same time, it is also believed that the common psychology of human beings is to love honor and hate shame, Yao Shun is no different from Shu Ren, and the most glorious thing in the world is to master political rights. "Xunzi Wang Ba" said: "The husband is the son of heaven, rich in the world, called the holy king, ruling the people. It is human feelings and desires. " Xunzi believes that this kind of human nature is unreasonable and should be corrected through in-depth social practice, that is,' turning nature into falsehood'. The pioneers and representatives of Legalism either talked about this theory of human nature before Xunzi or expanded it after Xunzi. "Guanzi Shimada Hanzo" said: "Human nature, seeing benefits, does not avoid, seeing harm. Its businessmen know Jia, and they travel day and night. People thousands of miles away benefit first. When a fisherman enters the sea, which is deep in Wan Ren, he will swim against the current and make a dangerous journey of a hundred miles. Those who spend the night will benefit from the water. So, where is the benefit? Although the mountains are thousands of miles away, they are everywhere. Under the abyss, everything is everywhere. " Shang Yang believes that human nature is good, and the essence of goodness is mainly manifested in human desire and survival needs. The book "Shang Jun Calculates the Pool" points out: "People's nature, if they are hungry, they will eat it, if they are tired, they will lose it, if they are bitter, they will enjoy it, and if they are humiliated, they will be honored." Because everyone has this need for survival, everyone should seek advantages and avoid disadvantages between advantages and disadvantages. The book of Shang Jun's account pool: "Human life: take the long scale and take the right." Shang Yang believes that human nature is innate, human life is a life of pursuing fame and fortune, and all human behaviors are subject to the nature of seeking profit. The application of this theory of human nature is the pursuit of title politically and family economically. Shang Jun's Wrong Law points out that rulers can use this theory of human nature to realize their own rule. "Life has likes and dislikes, so the people can cure it; People have likes and dislikes, rewards and punishments. " Han Fei's theory of human nature is partly influenced by Xunzi's theory of evil nature, and also inherits Shang Yang's view of good nature and benefit. Han Fei believes that people's good interests are mainly rooted in people's survival needs. He thinks that the stomach is the foundation, and you can't live without food. Everyone has a desire to pursue profits, and any behavior of people is dominated by the nature of interests, as well as between father and son and between monarch and minister. Han Fei cited the custom of drowning babies in society to show that this thought has evolved into selfish thought. "Six Contradictions of Han Feizi": "Parents are happy when they have boys, and they are killed when they have girls. This shows their parents' love. But if you congratulate men, those who kill women will consider the future and make long-term interests. "Han Fei believes that Confucianism is unreliable in treating each other with loyalty and benevolence." Everything is done in Nan Yi: "I try my best to make peace with your city, and you value your position to make peace with my city. Between the monarch and the minister, not the father and son, it also counts. "In short, the Legalists' theory of human nature is a reflection of that era, a product of private ownership and the development of commodity economy, a reaction of commodity exchange on people's interests, and a theoretical basis for Legalists' rule of law, which is historically progressive in a certain sense.

Integrity concept

Honesty is an important part of China's traditional moral norms, which has universal standards for adults. It has been pointed out by China sages since ancient times. Legalist elite is no exception. "Honesty", sincere and open. The basic meaning of "faith" is honesty, no doubt and no deception. Guan Zhong, a pioneer of legalism, believes that honesty is the key to the code of conduct in the world. He explained how to be honest from two aspects. First of all, he emphasized honesty and brought it into the category of virtue. "Guiwang honesty first, honesty first, the knot of the world. Virtue doctors don't rely on imperial clan, and scholars don't rely on external work. The advantage of Tantan is that it does not attack, and Tantan's preparation is unnecessary. Therefore, it is difficult to save the country and secure the country. Believers are benevolent. Don't be deceived, so is wisdom. Yan Shu the Pipe. "Its Wang xin Ming sage, its minister is. How do you know that the king's faith is clear and sacred? Say: use it carefully and be good at listening. He who speaks, listens, and believes is rewarded by heaven. Those who can't forget fainting or fainting are all suffering from heaven "("Guan Shi Si "). Second, Guan Zhong extended the moral concept of honesty to the fields of punishment and military affairs. He pointed out in Guan Zi Quan Xiu, Guan Zi Semi-solution and Guan Zi Jiu Fei respectively: "Reward and punish what you see, although you don't see it, how dare you do it?" ; "If punishment is rewarded, it is good to persuade rape"; "Today, unbelievers seek wisdom; Those who don't keep it must be solid; Win without fighting; The third soldier is dark. "

Wu Qi, Shang Yang and other reformers incorporated honesty into the reform measures and attached great importance to the role of honesty in the process of advocating the practice of political reform. In a sense, he laid the foundation of political reform with honesty, and he knew how to win people's hearts with honesty and establish the image of a reformer from honesty. Wuqi won the support of the people by being honest and trustworthy, and maintained his moral image. "Lu Chunqiu Shen Xiao" records: "Wu Qi ruled the Xihe River and wanted to tell his believers. In the evening, Kaya Hioki was outside the South Gate. He said in the city,' If someone looks like the South Gate tomorrow, he is a doctor.' Tomorrow will be a sad day without shame. People say, "This is unbelievable." One person said,' If you try to look at your watch, you won't get a reward. Why are you injured? Pay tribute to Wu Qi on the table. Chi WU came out of his eyes and became a long-term doctor. Night after night, the watch stands again, and the city remains the same. After entering the city to fight for the watch, the watch was not rewarded, and the people naturally believed in the rewards and punishments of Wuqi. Sima Qian described in Biography of Shang Jun in Historical Records: "Filial piety ... changed Wei Yang as the left master, and changed the imperial edict into a pawn ... so that the people didn't believe that it was already set up at the south gate of the country, and those who could move to the north gate were given ten gold. People blame it and dare not migrate. Answer:' Those who can migrate will be rewarded with 50 gold.' There is a person who moves to it and needs to pay 50 gold, making it clear that he will not cheat. Order of death "

Han Fei, as a master of legalists, absorbed the integrity view of Shang Yang and other former legalists, and advocated and publicized integrity. First of all, he believes in utilitarianism. There is a record in Everything is done in Nan Yi: "Jin Wengong wanted to beat the Chu people, so he called his uncle to ask him,' I want to beat the Chu people, and the others are outnumbered. What can I do? My uncle said:' I heard: a gentleman is polite and loyal; There is no lack of fraud between wars. You're just cheating. "Wen Gong resigned from his uncle and asked him because he called Yongji:' I will fight the Chu people, and his people are few. What can I do? Yongji said to him:' If you burn the forest and farm, you will steal many animals, and then you won't have to live without them; Lie to the people, steal for a while, and never recover afterwards. "Wen Gong said,' Good! Say goodbye to yongji. On the advice of my uncle, I defeated the Chu people. Return to the throne, first help the uncle and then commit crimes. Ministers said,' My uncle planned a plot against Chengpu. A husband uses his language and then his body, but what? Wen Gong said,' This is something you don't know. If my husband and uncle make mistakes, they will have the right for a period of time; Forever Ji Yan, for the benefit of the ages. "Hearing this, Zhong Ni said,' It's appropriate to be the master of literati! I know both the power of the moment and the benefits of this world. ""Second, Han Fei praised the virtue of honesty. "Everything is wrong, and the foreign reserves say left" praised Jin Wengong's sincerity in defending the country. "Jin Wengong attacked the original okada, wrapped in ten rations, and then promised to give the doctor ten days. On the tenth day of the original, the original could not attack, but he retreated with gold. Some scholars from the original work said,' It will come down in three days. The left and right ministers remonstrated and said,' The original food has been exhausted, so you should treat me. Gong said: I will accompany the scholar for ten days, and I will believe it if I don't go. I won't do it if I break my promise. So get out. Primitive people heard:' If you have a monarch, you can trust it, and you can't return it?' That is surrender. When Confucius heard this, he wrote down:' attack its origin and keep what it believes. "

Concept of righteousness and benefit

Guan Zhong, a pioneer of legalism, put forward in Guanzi Herdsmen: "Honesty means courtesy; When you have enough to eat and wear warm clothes, you will know the honor and disgrace. That is, looking for the root of morality from material life affirms the decisive significance of "benefit" to "righteousness" In addition, legalists also believe that moral concepts will change with the changes of social material life. Han Fei discussed in the article "Wuzhu": "In ancient times, the husband did not plow, and the vegetation was full of food; Women don't knit, and animals' skins are all clothes. If you don't do anything, you will feed your feet. The people have less money and more money, so the people don't dispute. Therefore, generous rewards are not enough, there is no need for heavy punishment, and people are autonomous. There are not many children today, five children. The oldest father had 25 grandchildren before his death. It is people-oriented, things are rare, and it is difficult to support them. Therefore, although the people struggle, it is inevitable that there will be chaos. "Legalists insist that people's moral level has a direct and close relationship with the material foundation of society. When the material wealth of society is enough to meet people's material needs, people will be benevolent and moral. During the Spring and Autumn Period and the Warring States Period, China society was in a period of "the people were in poverty" and "being competitive", and benevolence and morality retired. Shang Yang put forward that "profit comes from the land" and "fame comes from the war", and Han Fei also explicitly put forward that "serving the strong and refusing to obey morality", otherwise the country will face the crisis of poverty, backwardness and even national subjugation. Legalists believe that the so-called "love for the people" of Confucianism is actually "harmful to the people", and the complex set of benevolence, righteousness and etiquette of Confucianism is not only harmful to the people, but also the beginning of tyranny. Legalists insist that profit is the only motive of people's behavior, which is not only a social fact, but also a principle that society should advocate. This is consistent with the Legalist theory of human nature, which is beneficial to others and is inherited. Shang Yang pointed out in the book "Shang Jun Kaiser": "What I said is also the basis of righteousness. "In short, in the eyes of Legalists, human nature is good, and there is also a purely naked interest relationship between people." Profit "is the only driving force for all human behaviors and exchanges. Under the domination of this view of justice and benefit, legalists also touched on the topic of public and private. Legalists must be "profitable", but "public and private" are different. They advocate privatization and openness. Legalists say that "public" is based on the interests of the monarch; Private "of course refers to the masses ruled by the monarch. Shang Yang asserted in Shang Jun Shu Xiu Quan: "Therefore, public-private relationship is the foundation of survival." Because "public and private, the villain is not sick, and the unscrupulous are not jealous of merit." He meant "Ren Xian should do its best", not "cronyism", so as to achieve justice and fairness, and not to cause disputes and compete for the dominance of the king. The Shinto's "Wade the Son of God" said: "Those who establish public affairs abandon private affairs." Han Fei's "Han Fei Zi Shi Xie" also pointed out: "Private righteousness is chaos, and righteousness is governance. This means that in order to safeguard the "public interests of the owners", we must eliminate selfish interests and desires.

Introduction to thought editor

Oppose the ritual system

Legalists attach importance to law and oppose Confucian "rites". In their view, the emerging landlord class at that time opposed the hereditary privilege of monopolizing economic and political interests by nobles and demanded private ownership of land, which was a fair and correct proposition. The etiquette system of maintaining aristocratic privileges is backward and unfair. [5]

The role of law

The first function is to "settle disputes", that is, to clarify the ownership of things. Shen Dao, one of the legalists, made a very simple analogy: "A rabbit went and a hundred people chased it. Accumulate rabbits in the market and guide them.

Legalist thought

Anyway. You can't argue if you don't want to be a rabbit. "It means that a rabbit ran away and many people chased it, but they didn't look at so many rabbits in the market. It's not that you don't want rabbits, but that the ownership has been determined and you can't argue any more, otherwise you will violate the law and be punished.

The second function is to "make meritorious deeds and fear violence", that is, to encourage people to make meritorious deeds and make those who are lawless feel afraid. The ultimate goal of prosperity is to make Qiang Bing rich and win the war of annexation.

Sexual evaluation

Legalists believe that all people have the nature of "liking advantages and avoiding disadvantages" or "seeking advantages and avoiding disadvantages". As Guan said, a businessman runs around day and night, driving thousands of miles doesn't feel far, because interests attract him ahead. Fishing people are not afraid of difficulties and dangers, and they don't care if they sail against the current. It is also the pursuit of fishing interests. Based on the same idea, Shang Yang came to the conclusion: "There are likes and dislikes in life, so the people can cure them." [6]

conception of history

Legalists oppose conservative retro ideas and advocate reform. They believe that history is developing forward, and all laws and systems should develop with the development of history, neither retrogressive nor conformist. Shang Yang clearly put forward the idea of "violating the past and not following the present". Han Fei further developed Shang Yang's proposition that "time-shifting chaos is difficult to cure", and he satirized the conservative Confucianism as a fool waiting for him. [7]

General plan of governing the country

Shang Yang, Shen Dao and Shen Buhai advocated attaching importance to law, potential and technique respectively, each with its own characteristics. When Han Fei, a master of legalism, put forward the idea of combining the three closely. Law refers to perfecting the legal system, and potential refers to the power of the monarch, and it is necessary to monopolize the military and political power. Art refers to the strategies and means of controlling ministers, mastering political power and enforcing laws and regulations. It is mainly to detect and prevent the crime of rebellion and maintain the status of the monarch.

Action editing

Faber made it public.

Act according to law

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There is no hierarchy in punishment.

Maintain legal stability

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Limited editing

During the Spring and Autumn Period and the Warring States Period, Legalists, as a big faction, put forward the idea of governing the country according to law, which has far-reaching influence so far. This is enough to show that they attach great importance to the legal system and regard the law as a compulsory tool conducive to social rule. These thoughts, which embody the construction of the legal system, have been used to this day and become the main ruling means for centralized people to stabilize social unrest. The birth of contemporary China law is influenced by legalist thought, which has a strong constraint on a country's politics, culture and morality and has a far-reaching impact on modern legal system. [8]

Legal absoluteness

As we know, as a social phenomenon, law does not always exist.

Legalists' theory of "strengthening the country and weakening the people" embodies the boundary between the rights and obligations of the state and the people. .

"Punishment is for sentencing."

Legalists believe that people should be punished when they are about to commit a crime but have not yet constituted a crime.

Demonstration attribute editing

Legalists are considered to have played their historical role only in the Warring States period. In fact, China's political performance in the next two thousand years shows the important role played by legalists, the most obvious of which is bureaucracy. China's so-called rule of law is actually a theory of strong will. Legalists' ideological focus is only a way to embody power, and there is almost no important thought. It has no real just understanding of the law, which is mainly manifested in the rule of law without the spirit of "law", focusing on the expression of the will of the rulers, thus contributing to the formation of a unipolar social form in China, which is political and has no private forces. And because of this, the power of the ancient people in China was greatly oppressed. Moreover, the people also have a sense of oppression, which makes China's national character extremely indifferent and shows no national numbness in modern wars. This nature of China society can be said to be deliberately created by legalists, and it is also their greatest contribution to political construction. Unfortunately, on the contrary.

Significance editing of rule of law

One of the most important practices of legalism is Shang Yang's reform in Qin State. As we all know, Qin was originally a small country, which was relatively backward in economy, politics and culture. It had no right to participate in the affairs of the Central Plains countries and was often despised by the governors of the Central Plains. It was not until Qin Xiaogong reused Shang Yang and began to "abandon courtesy and serve the law" and practice "rule of law" that Qin became the strongest country among the seven countries, and finally realized the great cause of "Six Wang Erhai", which shows the positive significance of its "rule of law". In fact, there are many things in the legalist thought of rule of law that have lasting vitality and can be used for reference by modern rule of law. Legalist rule of law also has many negative aspects.

Law is omnipotent.

As a social phenomenon, law doesn't exist at all, but it only appears when human society develops to a certain historical stage, which determines the limitations of law itself. It can't be omnipotent, has its lag, and can't involve all aspects of social life.

Legal absolutism

Legalists believe that "the power system is broken by the monarch, and the legislative power is in the hands of the monarch, and it is not allowed to be exercised, thus establishing an extremely autocratic political system and legal system of the monarch." "

totalitarianism

The goal of a hundred schools of thought contend is to enrich the country, and Qiang Bing and Legalists are no exception. How to achieve this goal? Legalists believe that this is an agricultural war.

Severe punishment doctrine

In the eyes of legalists, severe punishment is the source of strength and the basis of prohibiting crime, which can lead to "no punishment". "