‘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. (shrink)

This article attempts to describe the extent to which the Legalist political vision possesses moral concern. Drawing from the Book of Lord Shang and the Hanfeizi 韓非子, I investigate the discipline reinforced by rewards and punishments, the relationship between the state and its subjects, and the interiorization of the law’s production of subject self-determination. With a positive sociological lens, this study guides its discussion utilizing a Durkheimian definition of moral education. I argue that its three elements of morality share a (...) very similar pedagogical quality with the interplay of Legalist law and its reinforcements. Moreover, the effects of rewards prove to play a particularly enhanced role in the cultivation of discipline and commitment to impersonal objectives amongst the populace. (shrink)