Word Origin of Legalism

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During the Qin Dynasty, all books that did not support legalistic philosophy were burned, and writers, philosophers, and teachers of other philosophies were executed. The excesses of legalism of the Qin Dynasty made the regime very unpopular with the people of the time. After the fall of Qin, legalism was abandoned in favor of Confucianism, which significantly influenced the development of Chinese culture. Considered a contrast with the Confucians, its full and original meaning was already forgotten in the Eastern Han. [6]:80 [196],[177] Yet the writings of “Tung-Cung-shu” deal with personnel testing and controls in a way that is sometimes indistinguishable from Han Feizi. Like Shen Buhai, he advises against relying on punishment. With the rise of Confucianism, the term disappeared:[6]:90[279] but reappeared in later dynasties. He Jin († 189), half-brother of Empress He († 189 AD) He († 189 AD) in 189 AD), received authority over the standing army and palace guards when he was appointed commander-in-chief during the Yellow Turban Rebellion. [330] Shortly after Empress He`s son, Liu Bian, later known as Emperor Shao of Han, was placed on the throne, the eunuch Jian Shi was conspired against He Jin, discovered and executed on May 27, 189 AD; He Jin thus took control of Jian`s army of the Western Garden. [331] Yuan Shao (died 202), then an officer in the Western Garden Army, planned with He Jin to overthrow the eunuchs by secretly ordering several generals to march to the capital and forcibly persuade Empress Dowager He to hand over the eunuchs.

[332] Yuan asked these generals to send petition after petition to the Empress Dowager demanding the release of the eunuchs; Mansvelt Beck explains that this “psychological warfare” eventually broke the will of the Empress Dowager and she agreed. [333] However, the eunuchs discovered this and used the Empress Dowager`s mother, He Lady Wuyang, and her brother He Miao (何苗), both sympathetic to eunuchs, to revoke the order. [334] On September 22, the eunuchs learned that He Jin had had a private conversation with the Empress Dowager about his execution. They sent a message to He Jin that the Empress Dowager had more words to share with him; When he sat down in the corridor to meet her, the eunuchs rushed out of their hiding place and beheaded He Jin. When the eunuchs ordered the imperial secretaries to write an edict to free Yuan Shao, he asked He Jin`s permission, so the eunuchs showed them He Jin`s severed head. [333] Originally, they retained some form of legalism as their official philosophy, but it was a much softer version than that of the Qin. Emperor Wu (141-87 BC) eventually abandoned legalism in favor of Confucianism and also made it illegal for anyone who followed the philosophies of Han Feizi or Shang Yang to hold public office. Shih is used in many areas of Chinese thought and probably originated in the military field. [222] Long before the rise of concepts such as sovereignty or law, diplomats relied on the concepts of situational advantage and expediency, as well as secrecy (shu), and were used by kings who wanted to free themselves from aristocrats. [26] Sun Tzu then incorporated the Taoist philosophy of inaction and impartiality, as well as legalistic punishments and rewards, as systematic organizational norms, reminiscent of Han Fei`s concepts of power (shih) and tactics (shu).

[45] If the leader wants to put an end to the betrayal, he examines the congruence of the congruence of hsing (form/norm) and claim. It means determining whether words deviate from work. A minister exposes his words, and based on his words, the leader assigns him a job. Then the leader blames the minister for performance based solely on his work. If the performance matches his work and the work matches his words, then he will be rewarded. If the performance does not match his work and the work does not match his words, he will be punished. [251] [250] [14]: 365 [140]: 284 What the world calls a “worthy” is that which is defined as right; But those who define him as good and sincere are his clique (dang 黨). When you hear his words, you think he is capable; If you ask his supporters, they agree.

Therefore, one is ennobled before having merits; You are punished before you commit a crime. (Shang jun shu 25:136–137; Book Lord Shang 25:1) Han Fei insists on the perfect congruence between words and deeds. Name customization is more important than results. [140]: 284 The conclusion, execution or result of a work is the adoption of a fixed form (xing), which can then be used as a standard against the original claim (ming). [250] A great demand, but a small achievement is not suitable for the initial oral effort, while a larger achievement is recognized by exceeding the limits of the function. [251] Accordingly, in the land of an enlightened ruler, there are no texts written in books and on bamboo bands, but the law is doctrine; There is no “speech” of the former kings, but the officials are the teachers; There is no private handling of swords, but beheading [enemies] is bravery. (Han Feizi 49:452) Tao exists in invisibility; its function, in incomprehensibility. Be empty and calm and have nothing to do – then see the flaws of the light of darkness. See, but never be seen. Listen, but never be heard. You know, but never be recognized.

When you hear a word, don`t change or move it, but compare it to the act and see if the word and deed match. Place each official with a censor. Don`t let them talk to each other. Then everything is used to the extreme. Cover the tracks and hide the sources. Second, ministers cannot trace the origins. Leave your wisdom and stop your abilities. Then your subordinates can`t guess your limits.

Apart from Guo Shengtong`s divorce in 41 AD to install his original wife Empress Yin Lihua as empress, there was little drama with the imperial parents at the Guangwu court, as Empress Guo was created dowager queen and her son, the former heir to the throne, was demoted to the rank of king. However, problems with imperial parents became violent during Ming`s reign.[254] In addition to banishing his half-brother Liu Ying (died 71 AD, committed suicide) after Liu Ying allegedly used witchcraft to curse him, the Ming Emperor also targeted hundreds of others with similar charges (occult omens and witchcraft), leading to exile, torture for confessions, and execution. [255] This tendency of persecution did not end until Emperor Zhang ascended the throne, who was largely generous to his brothers, bringing back to the capital many of those who had been exiled by the Ming. [256] Although the origins of the Chinese administrative system cannot be traced back to a single person, the administrator Shen Buhai (c. 400 BC – c. 337 BC) may have had more influence than anyone else in constructing the meritocracy system and could be considered its founder, if not valuable, as a rare premodern example of abstract administrative theory. Sinologist Herrlee G. Creel sees Shen Buhai as the “seed of the civil service examination” and perhaps the first political scientist. [6]: 94 [31]: 4, 119 [32][33][34] Adherence to the technique of government requires that the ruler not engage in interference or subjective consideration. [206] Sinologist John Makeham explains: “The judgment of words and deeds requires the impartial attention of the sovereign; (Yin is) the ability or technique to make one`s mind a tabula rasa, to take note without committing to all the details of a man`s claims, and then to objectively compare his achievements with the original claims. [206] Legalists shared the conviction of most other political theorists of the Warring States period that stability and orderly rule either in the single state or “all that is under heaven” can only be achieved under an all-powerful monarch.

They added new dimensions to this global monarchist discourse. For example, in Shang Yang`s state-building model, the establishment of the ruler – unlike Mozi (see the section on political theory in the entry on mohism) – is not presented as a starting point, but as the culmination of socio-political evolution, as the final and particularly important step towards stability. The ruler is the only person who represents the common interests of the community (gong 公, “community”, is actually a word identical to “the Lord”; cf. Goldin 2013:3-4). As such, his power is not understood as a means of personal pleasure, but as the common interest of his subjects. Shen Dao explains: “This legalism was accompanied by a spirit of intense exclusivity and narrow ecclesiastical. For more than 200 years, the Chinese people have experienced war as their daily reality, and a legalistic approach to trying to control people`s worst impulses – controlling people through the threat of severe punishment for injustice – would have been the best way to deal with the chaos. Shang Yang`s legalism dealt with everyday situations, but also extended to how to behave in wartime, and he is credited with the tactic of total war, which allowed the Qin state to defeat other warring states in order to control China. Two other legalistic texts mentioned in the Han Imperial Catalogue have not been preserved intact, but lengthy quotations of them in the Imperial Encyclopedia have allowed for a partial reconstruction of their contents. Shēnzi 申子 is attributed to Shen Buhai, who died in the middle of the fourth century BC.

He served as Chancellor of Hán 韓 State and is credited with significant administrative improvement. Of the original six chapters, fewer than three dozen fragments have remained intact (Creel, 1974). Another text, Shènzi 慎子, is attributed to Shen Dao 慎到 (circa 300 BC), of whom very little is known (it is even possible that the figure of Shen Dao is an amalgam of several personalities; see Xu Fuhong 2013:2-8).