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Legalism (philosophy)
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Legalism (philosophy)

In Chinese History, Legalism (法家; pinyin Fǎjiā) was one of the four main philosophic schools at the end of the Zhou Dynasty. Legalists believed that a ruler should govern his subjects by the following three ideas:

1. Fa (法; p ), the law. The law code must be clearly written and made public. All people under the ruler were equal before the law. Under the Zhou Dynasty, law was loosely written and was based on social classes. Laws should reward those who obey them and punish severely those who dare to break them, even if the result of this would prima facie appear to be desirable. As an example from Han Feizi, if a gate guard go fetches a blanket for the king who has just dozed off, he is being irresponsible to his official duty and deserves punishment. Thus it is guaranteed that every action taken is predictable. In addition, the system of law ran the state, not the ruler. If the law is successfully enforced, even a weak ruler will be strong.

2. Shu(術), the method and control. Unlike other Chinese systems of thought, morality is not important in Legalism. Special methods and "secrets" are to be employed by the ruler to make sure the ministers don't take over control of the state. Especially important is that no one can fathom the rulers motivations, and thus no one can know which behaviour might help them getting ahead; except for following the "fa"/laws.

3. Shi (勢), the legitimacy, power and charisma. It is the position of the ruler, not the ruler himself, that holds the power.

Legalism was the central governing idea of the Qin Dynasty, however most Chinese philosophers and political thinkers have had very negative view toward Legalism blaming it for what today would be considered a totalitarian society. Many Chinese scholars believe that it was a reaction against legalism that gave Chinese Imperial politics its personalistic and moralistic flavor. However, this view of the Qin may be biased, as most of our historical records have come from Confucian scholars, who were persecuted under the Qin.

Decline

In later dynasties, Legalism was discredited and ceased to be an independent school of thought. However, both ancient and modern observers of Chinese politics have argued that Legalism has merged with mainstream Confucianism and still has a role to play in government due to its efficiency. Mao Zedong, who was very well read in Chinese philosophy, highly approved of Legalist methods.

Famous Legalists

See also: Chinese philosophy