Chinese legalists. Philosophy of ancient China

At the end of the Zhou dynasty, a school of so-called legists (legalists) appeared. Legists, whose main representatives were Tzu-chang (6th century BC), Shang Yang (390 - 338 BC) and Han Feizi (c. 280 - 233 BC). ), resolutely opposed the remnants of tribal relations and their main carrier - the hereditary aristocracy. Therefore, the Legalists criticized Confucianism no less sharply than the Mohists.

The Legists rejected management methods based on ritual and tribal traditions; they ridiculed Confucian ethical norms and pompous discussions about philanthropy, duty, justice, and brotherly love, calling them “word games” and comparing them to the children’s game of “preparing elegant dishes from sand.” Shen Buhai (400-337 BC) is considered the patriarch of the Legalists; his theory government controlled used during the Han Dynasty and included in the content of Confucianism.

The radical views and innovations that the legalists introduced into the life of the state and society simultaneously with sharp criticism of Confucianism as their main enemy are evidenced by the “Book of the Lord from Shang” (Shang Jun Shu, 3rd century BC), attributed to Shang Yang. “He who is intelligent creates laws, he who is stupid is limited by laws. He who is capable changes the order; he who is incapable is bound by the order. You shouldn’t talk about business with a person who is bound by order, and you shouldn’t talk about changes with a person who is limited by laws.”

Han Fei-tzu (d. 233 BC) is the most outstanding representative of legalism. Disciple of the Confucian Xunzi. His ideas were put into practice by Emperor Qin Shi Huang. Han Fei often uses concepts developed by other schools, interprets them in his own way and fills them with new content. This applies, in particular, to the traditional Confucian categories of order (li), virtue (de) and humanity (ren). He devotes a lot of time to interpreting the Tao Te Ching. In the ontological aspect, Han Fei seeks to connect different concepts these schools into the new system.

“The way (tao) is what makes things as they are, it is what creates order (li). Order is what forms the face of things... Things cannot be filled once, and this is where yin and yang appear.” Order in society is only a purely external concealment of shortcomings. It is necessary to re-regulate relations between people, and in particular between the ruler and society. Thus, the ruler only issues laws (fa) and decrees (ming), but does not penetrate into the depths of the interests of society (wu wei), because within the framework of these laws only a system of rewards and punishments has been developed.

In contrast to the Confucian doctrine of government, based on the principles of ren and li, legalists put forward a theory of government in accordance with and on the basis of laws (fa). Main role they assigned uniform laws, binding on all, and the absolute, unlimited power of the ruler.

Han Fei Tzu, for example, believed that the absence of firmly established laws in the country leads to the fact that subjects pay attention only to personal enrichment, to satisfying their selfish interests, thereby undermining the “foundation of the state.” “...Tranquility for the people and order in the country are possible only if selfishness is eliminated and state laws are enforced,” he said.

Han Feizi demanded that laws be binding on everyone and did not recognize the privileges of certain groups of people. “Like a cord that does not give a crooked line when pulled, the laws do not favor the nobles... Punishment for crime should extend to dignitaries, and rewards for merit should not bypass the common man.”

Han Fei Tzu pointed out the two sides of the law - reward and punishment, with the help of which the ruler subjugates his subjects. “Subjects,” he said, “fear punishment and love reward, so the ruler takes these measures so that they fear his power and serve his interests.” Han Feizi proposed less encouragement and stricter punishment.

He believed that a person should earn incentives or rewards through his work and exploits, and strict punishments are needed so that people are afraid of the law and do not dare to commit crimes. Thus, Han Fei-tzu summarizes, “punishments are abolished by punishments,” criminals disappear and peace reigns in the country.

The legalists believed that if they good laws, then even the most ordinary person can be a wise ruler. “The state is the ruler’s chariot, position is his horse; if he rules the country without applying the art of governance,” said Han Fei-tzu, “then, although he himself will work tirelessly, he cannot avoid disorder. If he rules using the art management, then although he will live idlely, he will still become a wise ruler...".

Legislation, a well-thought-out system of rewards and punishments, a system mutual responsibility and general surveillance - this was what was supposed to ensure the unity of the state and the strength of the ruler’s power. This ideology played a big role in creating a single, centralized state Qin.

The Legists shared with the Mohists the idea of ​​promoting talented people regardless of rank, nobility and family relations with the ruler. Theoretically, the Legalists, like the Mohists, advocated equal opportunities for every person to rise in the country. Mo Tzu’s idea: “If a person has abilities, then he should be promoted, even if he was a simple farmer or artisan,” was completely shared by both Shang Yang and Han Fei Tzu.

Legalists paid particular attention to the economic function of the state, its regulatory role in the economy, in maintaining prices on the market, etc. The main task They considered the supreme power to be concerned with maintaining agriculture and creating a strong army. “The prosperity of the country lies in agriculture,” said Han Fei-tzu. To strengthen the power of the ruler, the legalists proposed (and this was implemented and carried out for many centuries by almost all Chinese dynasties) to introduce a state monopoly on the development of natural resources and the transfer of income to the state treasury.

Han Fei-tzu and representatives of the legalist school assumed that human nature is evil. But they believed that the original bestial nature inherent in man cannot be changed by upbringing; the manifestation of man’s evil nature can only be prevented by strict laws, a system of punishments and rewards. Legalists even tried to justify their views on the evil nature of man by citing the fact that man emerged from the animal world.

A person strives for personal success, and this should be used in public relations. The subject sells his abilities in order to receive something useful and profitable in return. Laws serve to regulate these relations. “If laws (fa) and decrees (min) change, then the benefits and disadvantages change. Benefits and disadvantages change, and the direction of people’s activities also changes. This means that it is not just order, but the laws of the ruler that “create” people. The place of the ruler is determined by the divine heavens. Han Fei contrasts his understanding of the law similar concepts other schools, interpreting them in their own way.

In a similar way, the essence of the development of society is explained. You can't repeat the past. New methods of management must correspond to the new historical reality. Looking back at order in the Confucian sense is useless and is in conflict with the nature of the new laws. Han Fei opposed other schools that glorified the past and rejected modernity. Emperor Qin Shi-huang, the most prominent ruler of the Qin dynasty, greatly respected Han Fei and therefore, on pain of death, banned the activities of other schools and teachings. Their books were burned. Han Fei himself, in the conditions of this atmosphere of violence and cruelty associated with his name, committed suicide.

Having adopted many ideas of Taoism, they put forward their philosophy of overcoming civil strife, disorder and chaos, stabilizing society and unifying the country legalists.

Fa-jia school – legalism arose and took shape in China in the 6th – 2nd centuries. BC e. Legalism - this is the teaching of the school of lawyers, which reveals political-legal concept public administration. Its most prominent representatives Shang Yang, Shen Buhai, Shen Dao, Han Fei.

The founder of legalism is Shang Yang (390–338 BC), a major official who was in the service of the ruler of the Qin kingdom (IV century BC). Based on ideas about the selfish or evil nature of man and the good nature of power, Shang Yang concluded that the interests of the people and the state are opposite. Stupidity and evil are the lot of the people, wisdom and goodness are the prerogative of the authorities. Every person is a potential criminal. The state, he believed, was called upon to save people from themselves, from their humanity. This was the meaning of the legalist philosophy of public administration.

According to Shang Yang, the main regulator public life is the law (fa), understood exclusively as an instrument in the hands of power. Unlike the Confucians, who gave special meaning moral qualities of the ruling elite, legalists believed that power does not serve virtue, but is identical to it. The state is the highest good.

A strong state is a weak people, a strong people is a weak state, Shang Yang taught. State walking along the right way, tries to weaken his people as much as possible. Since “kindness and philanthropy are the mother of wrongdoing,” there is only one virtue, which “has its origin from punishment.” It can only be achieved through “death penalties and the reconciliation of justice with violence.” Discarding the Confucian traditions of virtue and mutual trust between the authorities and the people, the founder of Legalism wrote: “Punishments should inspire awe.”

If Confucius taught to honor one’s parents above all else, then Shang Yang taught to denounce them at the slightest offense against the state. Instead of a state, understood as a family, there is a dead bureaucratic organism based on formal legal relations. Instead of a virtuous ruler, there is a ruler for whom neither the traditions of his ancestors, nor the will of the people, nor virtue exist.

The ruler, by establishing laws, is an exponent of the unity of the people. He subordinates everything to the growth of the power of the state and the achievement of victory in the struggle for the unification of the Celestial Empire, which was relevant during the life of the founders of legalism.

In the state, everything should be decided by capable bureaucrats. They form a strict system based on bureaucratic principles. The powerful apparatus of the bureaucracy must be constantly updated: those who are incapable and undesirable must be replaced, because government positions are not inherited and are not for life.

The Legist philosophy of public administration found its completed form in the teachings of Han Fei (288–233 BC).

Han Fei, in particular, enriched Legalism with some ideas borrowed from Taoism. For example, he declared the ruler the embodiment of the highest world law - Tao, which gave his image a previously missing completeness and completeness. Just like Tao, the ruler is perfect. Public administration has outgrown its narrow framework human world and became an absolute world principle.

Developing Shang Yang's ideas, Han Fei argued: a person is angry and cannot be re-educated. Only under pain of punishment will he stop showing his evil nature. The law is for the people, and the art of government is for the sovereign, and the law is revealed to everyone, but the art of government is a secret.

In 213 BC. ruler of the kingdom Qin, having adopted the theory of legalism, on the basis of the most brutal dictatorship and discipline, multiplying his forces many times over, finally united the country. Legalism began to be applied in practice throughout the entire Celestial Empire. The "Golden Age" of Chinese philosophy is over. “Books into the fire, scientists into the pit” - such decrees and corresponding actions cemented the united Celestial Empire. And although the Qin Shihuang regime lasted only 15 years, the principles of legalism, although somewhat softened, remained the norm of governing the empire. Later they were supplemented by the principles of Confucianism, which since 136 BC. became the state ideology, ensuring for many centuries (until the beginning of the 20th century) the political solidity and stability of the Chinese state machine.

The main idea of ​​the school was the equality of all before the Law and the Son of Heaven, which resulted in the idea of ​​distributing titles not by birth, but by real merit. According to the ideas of legalism, any commoner had the right to rise to any rank, up to the first minister.

The largest representative of early legalism and the founder of the doctrine was Shang-Yang (c. 390-338 BC) - the initiator of the famous reforms that legalized private ownership of land in the country. The draft reforms and decrees he compiled were included in the treatise “Shang Jun Shu” (“Book of the Ruler of the Shang Region”).

Main ideas of the school:

• The equality of all before the Law and the Son of Heaven was proclaimed and, as a consequence, the emergence of the idea of ​​distributing titles not by birth, but by real merit, according to which any commoner had the right to rise to the rank of first minister. Shang Yang recommended nominating first of all those who had proven their loyalty to the sovereign by serving in the army.
• Success in politics is achieved only by those who know the situation in the country and use accurate calculations.
• The experience of previous rulers should be learned. And at the same time, “in order to benefit the state, it is not necessary to imitate antiquity.”
• The economic situation in the country is very important for politics.
• In the field of governance, it was proposed to concentrate all power in the hands of the supreme ruler, deprive governors of power and turn them into ordinary officials. A smart ruler, says the treatise “Shang Jun Shu,” “does not condone unrest, but takes power into his own hands, establishes the law and, with the help of laws, restores order.”
• To ensure the representation of the wealthy strata in the state apparatus, the sale of official positions was envisaged.
• Shang Yang made only one demand of officials - to blindly obey the sovereign.
• It was intended to limit community self-government, subordinate family clans and patronymics to the local administration.
• It was also proposed to establish uniform laws for the entire state. Law was understood as repressive policies (criminal law) and administrative orders of the government.
• Shang Yang viewed the relationship between the government and the people as a confrontation between warring parties. “When the people are stronger than their authorities, the state is weak; when the authorities are stronger than their people, the army is powerful.” In a model state, the power of the ruler is based on force and is not bound by any law.
• The slightest offense should be punishable by death. This punitive practice was to be complemented by a policy aimed at eradicating dissent and dumbing down the people.
• The supreme goal of the sovereign’s activities is the creation of a powerful power capable of uniting China through wars of conquest.

Legalism was divided into early and late. Later followers of Shang Yang abandoned the most odious provisions of the teaching and, filling legalism with moral content, brought it closer to Taoism and Confucianism.

Main figures and directions

• Shen Buhai - Patriarch of the Legalists (385-337 BC). His theory of government was used during the Han Dynasty and is included in the content of Confucianism.
• Guan Zhong is a supporter of absolute total control on the part of the state, including control of drafts in homes, as well as a supporter of government assistance to the poor.
• Shang-Yang - a supporter of militarism, who turned Qin into one of the strongest principalities, encouraged crafts and Agriculture, for populist purposes, enslaved merchants, dissolved the entire non-military aristocracy.
• Wei Liaozi, a supporter of making legalism more humane in the Confucian spirit, remained a theorist and believed that all crafts not related to the production of weapons should be banned.
• Prince Han Fei and Li Si are supporters of combining legalism with Taoist ideas of naturalness (the state should not interfere with the lives of its residents), who served

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legalism
Legalism(French Légisme) - a philosophical school of the Zhanguo (Warring States) era, formed in the 4th–3rd centuries. BC, also known as the “School of Lawmen” (Chinese: 法家, Pinyin: fǎjiā, Pall.: Fajia).

The main idea of ​​the school was the equality of all before the Law and the Son of Heaven, which resulted in the idea of ​​distributing titles not by birth, but by real merit, according to which any commoner had the right to rise to the rank of first minister.

The Legists became famous for the fact that when they came to power (in Qi and Qin), they established extremely cruel laws and punishments.

• 1 Main ideas
• 2 Main figures and directions
• 3 Notes
• 4 Literature
• 5 Links

Key Ideas

The forerunner of legalism, its first prominent representative, is considered to be Guan Zhong, whose name is associated with the idea of ​​the first serious reforms aimed at strengthening the power of the rulers of the kingdoms. All the prominent ministers-reformers of Zhou China are usually included in the camp of legalists. The cult of the law, or more precisely, the administrative orders of the ruler exercising centralized power, is the main thesis of legalism.

The largest representative of early legalism and the founder of the doctrine was Shang Yang (c. 390-338 BC) - the initiator of the famous reforms that legalized private ownership of land in the country. The draft reforms and decrees he compiled were included in the treatise “Shang Jun Shu” (“Book of the Ruler of the Shang Region”).

Main ideas of the school:

• The equality of all before the Law and the Son of Heaven was proclaimed and, as a consequence, the emergence of the idea of ​​distributing titles not by birth, but by real merit, according to which any commoner had the right to rise to the rank of first minister. Shang Yang recommended nominating first of all those who had proven their loyalty to the sovereign by serving in the army.
• Success in politics is achieved only by those who know the situation in the country and use accurate calculations.
• The experience of previous rulers should be learned. And at the same time, “in order to benefit the state, it is not necessary to imitate antiquity.”
• The economic situation in the country is very important for politics.
• In the field of governance, it was proposed to concentrate all power in the hands of the supreme ruler, deprive governors of power and turn them into ordinary officials. A smart ruler, says the treatise “Shang Jun Shu,” “does not condone unrest, but takes power into his own hands, establishes the law and, with the help of laws, restores order.”
• To ensure the representation of the wealthy strata in the state apparatus, the sale of official positions was envisaged.
• Shang Yang made only one demand of officials - to blindly obey the sovereign.
• It was intended to limit community self-government, subordinate family clans and patronymics to the local administration.
• It was also proposed to establish uniform laws for the entire state. Law was understood as repressive policies (criminal law) and administrative orders of the government.
• Shang Yang viewed the relationship between the government and the people as a confrontation between warring parties. “When the people are stronger than their authorities, the state is weak; when the authorities are stronger than their people, the army is powerful.” In a model state, the power of the ruler is based on force and is not bound by any law.
• The slightest offense should be punishable by death. This punitive practice was to be complemented by a policy aimed at eradicating dissent and dumbing down the people.
• The supreme goal of the sovereign’s activity is the creation of a powerful power capable of uniting China through wars of conquest.

Legalism was divided into early and late. Later followers of Shang Yang abandoned the most odious provisions of the teaching and, filling legalism with moral content, brought it closer to Taoism and Confucianism.

Main figures and directions

• Shen Buhai - Patriarch of the Legalists (385-337 BC). His theory of government was used during the Han Dynasty and is included in the content of Confucianism.
• Guan Zhong is a supporter of absolute total control by the state, including control of drafts in homes, as well as a supporter of government assistance to the poor.
• Shang Yang was a supporter of militarism, who turned Qin into one of the strongest principalities, encouraged crafts and agriculture, enslaved merchants for populist purposes, and dissolved the entire non-military aristocracy.
• Wei Liaozi, a supporter of making legalism more humane in the Confucian spirit, remained a theorist and believed that all crafts not related to the production of weapons should be banned.
• Prince Han Fei and Li Si are proponents of combining legalism with Taoist ideas of naturalness (the state should not interfere with the lives of its residents), who served Qin Shi Huangdi.

Notes

1. Vasiliev L. S. “History of the East.” Confucianism and Legalism.

Literature

• Ivanov A.I. Materials on Chinese philosophy. Fa School. Han Fei Tzu. St. Petersburg, 1912.
• Book of the Ruler of the Shan Region / translation by L. S. Perelomov. - M: Scientific Research Center “Ladomir”, 1993.
• Perelomov L. S. Confucianism and Legalism in political history China. - M, 1981. - 331 p.
• Polyansky F. Ya., Platonov D. N. Economic ideas of legalism // The World History economic thought: 6 volumes / Ch. ed. V. N. Cherkovets. - M.: Mysl, 1987. - T. I. From the origins of economic thought to the first theoretical systems political life. - pp. 99-103. - 606 s. - 20,000 copies. - ISBN 5-244-00038-1.
• Per. Boguta I. I. One hundred schools - the dawn of Chinese philosophy // History of philosophy in brief - M.: Mysl, 1994.
• Udaltsov S. F. History of political and legal doctrines(The Ancient East). - St. Petersburg: St. Petersburg State University Publishing House, 2007.

Links

• Kobzev A. I. Legalism

Legalism Information About

from lat. lex, gen. case legis - law), the teaching of the Fajia school of lawyers, ancient China. ethical-political the doctrine of managing a person, society and the state. It arose and took shape in the 6th-3rd centuries. BC e. Guan Zhong, Zi Chan, Li Kui and especially Shang Yang took an active part in the development of the book, as well as Shen Buhai and Han Fai, who completed the construction of its theoretical theory. systems.

L. developed in an intense struggle with early Confucianism, together with the Crimea, it strove to create a powerful, well-governed state, diverging, however, into philosophy. justification and methods of its construction. If Confucianism brought morals to the fore. qualities of people, then L. proceeded from the laws and argued that politics is incompatible with morality. The ruler needs to have a good understanding of the psychology of people in order to successfully manage them. Basic the method of influence is rewards and punishments, and the latter should prevail over the former. Center. A place in L.'s program was occupied by the desire to strengthen the state by developing agriculture, building a strong army capable of expanding the borders of the country, and stupefying the people.

The legalists created the concept of despoticism. state based on the equality of all before the law. The only exception was the ruler himself - Unity. creator of laws. L. played decisive role in the formation of the imperial bureaucratic management system, which existed without fundamental changes until the beginning. 20th century Basic ideas L.: state. economic regulation processes in the country; systematic state update apparatus by appointing officials (instead of the traditional principle of inheritance of positions); the introduction of a unified principle for assigning ranks of nobility, positions, privileges and salaries for service in the army and military. merit; equal opportunities for promotion to adm. posts; clear gradation within the ruling class; unification of the thinking of officials; personal responsibility of an official; censorship supervision over the activities of government employees. apparatus.

Starting from the 3rd century. BC e. There is a process of merging of Literature and early Confucianism into a single teaching (Xiongzi, Dong Zhongshu). Starting from the Han era, when Confucianism, which assimilated the ideas of L., became official. ideology, L. ceased to exist as an independent entity. teaching.

Excellent definition

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LEGISM (legisme, legalism)

Adopted in the app. science designation of the school fa jia - “lawyers”, one of the main. directions ancient whale ethical-political thoughts (from Latin lex, gender legis - law). The founders of the theory and practice of literature are considered to be Guan Zhong (late 8th - 7th centuries BC), Zi Chan (6th century BC), as well as Li Kui, Li Ke (perhaps this is the same person ), Wu Qi (4th century BC). Shang Yang, Shen Dao, Shen Buhai (4th century BC) and Han Fei (3rd century BC) are recognized as the largest theorists of Lithuania. The doctrine of law is based on the doctrine of the primacy of a single legal entity. law (fa) in the life of the state. The creator of the law can only be an autocratic ruler. Unlike li ("ritual", norms of "[ritual) decency") laws can be changed and revised in accordance with the needs of the moment. Dr. the most important aspects L. - teachings about shu)