This paper focuses on an early Chinese conception of genealogical argumentation in the late Warring States text Han Feizi and a possible response it has to the problem of genealogical self-defeat as identified by Amia Srinivasan —i.e., the genealogist cannot seem to support their argument with premises their interlocutor or they themselves can accept, given their own argument. The paper offers a reading of Han Fei’s genealogical method that traces back to the meditative practice of an earlier Daoist text the (...) Zhuangzi and its communicative strategy, providing a conception of genealogy aimed at undoing fixations on political systems in order to bring about a more adaptive state—specifically, genealogy that does not require epistemological commitment to its premises. (shrink)

Han Feizi’s criticisms of Confucian and Mohist political recommendations are often thought to involve materialist or historicist arguments, independently of their epistemological features. Drawing largely on Amia Srinivasan’s recent taxonomy of genealogical arguments, this paper proposes a genealogical reading of passages in “The Five Vermin [五蠹 wudu]” and “Eminence in Learning [顯學 xianxue].” This reveals Han Feizi’s arguments to be more comprehensively appreciated as problematizing Confucian and Mohist political judgments as arising from undermining contingencies, rendering them irrelevant, if not detrimental, (...) to any lasting excellence of a state. In doing this, it is also suggested that there is a ‘master argument’ underlying Han Feizi’s criticisms, according to which the epistemology of the Confucians and Mohists are fundamentally unreliable. (shrink)

‘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)

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. (shrink)

Paul Gewirtz has suggested that contemporary Chinese society lacks a shared framework. A Rortian might describe this by saying that China lacks a “final vocabulary” of “thick terms” with which to resolve ethical disagreements. I briefly examine the strengths and weaknesses of Confucianism and Legalism as potential sources of such a final vocabulary, but most of this essay focuses on Zhuangzian Daoism. Zhuangzi 莊子 provides many stories and metaphors that can inspire advocates of political pluralism. However, I suggest that Zhuangzi (...) is ultimately an “ironist” in Rorty’s sense. Many intellectuals assume there is something progressive and liberating about broadly ironic stances like relativism and skepticism. Ethically, though, irony is “the night in which all cows are black”: since it regards all positions as equally undermined, an ironic stance cannot be enlisted in support of tolerance or humanitarianism or in opposition to absolutism or cruelty. (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)

ABSTRACTHan Fei’s political theory is widely characterized as eschewing any connection with morality; so, can he have any conception of justice? In this paper, I accept the interpretation of Han Fei jettisoning any moral commitment, but I argue that he gives heed to an understanding of justice. This conception of justice arises naturally from the ordinary human sentiment of resentment for wrongs done and becomes a moral staple in the consciousness of ordinary people. Such a conception of justice has these (...) features: all and only the guilty receive punishment, and the punishments are in some sense proportionate to the crime. Since disregarding this popular conception of justice results in resentment and political instability, Han Fei, without any moral commitment to it, accepts the popular conception of justice on prudential and consequentialist grounds. (shrink)