Legalism (Chinese philosophy)

Legalism is a philosophical school founded during the Warring States period (475–221 BCE) in China. It places rigid adherence to a strict legal code above any form of individual needs. Legalists believe that any failure to adhere to a society's legal code needs to be punished harshly, regardless of context.

Many legalists argue that an efficient society requires competent, powerful leadership and a weak general populace. They believe that a strong leader is necessary to keep the negative, immoral nature of humanity in check. To achieve this goal and to suppress any dissent, legalists believe that such a leader must have the power of life and death over their subordinates.

Background

Legalism came to prominence during the Warring States period in Chinese history. Prior to this time, China had been divided into many smaller states. These states were self-governing and independent. While they were capable of trading and carrying out diplomacy peacefully, it was common for one state to attack another.

At the beginning of the Warring States period, the area now known as China fractured into additional smaller nations. Local warlords and dynasties ruled these nations. Dynasties were powerful families with strict hierarchical structures. The large Jin kingdom split into areas controlled by the Han, Wu, and Zhao dynasties. Together with the Chu, Qi, Qin, and Yan, these new nations began a battle for control of mainland China.

In traditional Chinese history, the Warring States period is commonly viewed as a brutal time during which new technological advances allowed the larger, more economically powerful states to attack the smaller, weaker states. However, the cultural exchange caused by the international warfare allowed several great philosophical schools to interact in new ways. This led to new developments within the Confucian philosophical school and brought revolutionary changes to the administrative and bureaucratic systems of mainland China.

At the time, two primary philosophies dominated China. Taoism urged its practitioners to flow with life's events and follow the Eightfold Path to find a peaceful, fulfilling existence. Confucianism urged its practitioners to act in a benevolent manner and to study the teachings of Confucius to have a productive and happy life. Nevertheless, the renovation of the administrative and bureaucratic systems of China led to a new philosophical school of thought. This philosophical school, called legalism, valued order above all things. In this philosophy, bureaucracy, legal codes, and administrative centers were some of the most important tools that the people had to create a peaceful, productive society.

Overview

Proponents of legalism believe that citizens should place order above all personal concerns. They believe that absolute order is essential for a society to function at peak efficiency, and they feel that any threat to order in a society needs to be removed. The founder of legalism, Hsün Tzu, thought that humans were inherently evil. He believed that without strictly enforced consequences, all humans would default to selfish criminal behavior. Because such behavior is bad for society, Hsün Tzu felt it was paramount for any functioning society to restrict the natural state of humanity.

Confucianism also advocates for a strict, powerful governmental structure. However, unlike legalism, Confucianism argues for a benevolent ruler who leads by example. Practitioners of Confucianism believe that if a virtuous leader provides a perfect example, the people will follow that example, leading to societal advancement. Legalists take a much more pessimistic view of society. They argue that because humanity is inherently selfish and chaotic, humans will fail to follow a virtuous example. They do not believe that traditional tactics—such as ethical teachings, ideals, tradition, education, or empathy—have any practical value. Instead, they argue that society is best served by a powerful police force that rigidly, harshly, and impartially enforces a legal code. Legalists believe that if infractions are met with harsh and merciless punishments, then humanity's selfish nature will lead to strict obedience to the code. For this reason, the famous legalist writer Shang Yang stated, "When the people are weak, the state is strong; hence the state that possesses the Way strives to weaken the people."

Legalist writings break efficient leadership into several parts. The first of these, fa, refers to a ruler's ability to control their subjects through the law. An efficient state uses harsh punishment in conjunction with a rigid legal code to keep subjects in check. Shu refers to a ruler's ability to control their officials. To do so, many legalist writers believe that the ruler must hold the power of life and death over their officials. This prevents officials from attempting to rise above their intended station, usurping the ruler and thus upsetting social order.

Xing ming refers to a ruler's ability to assess their officials accurately. An effective ruler needs to be able to gauge the proficiency of any given official in carrying out their tasks. If the official is efficient when carrying out these tasks, they may be rewarded. If the official fails at these tasks, the ruler must punish them harshly.

Legalists claim that if a ruler is skilled at xing ming, they will secure an abundance of shi. Shi refers to individuals who have been promoted to a higher-than-average position because of their proficiency, not because of family or other connections. When shi are promoted within a government, the government will be blessed with new ideas. They will genuinely improve the militaristic, economic, and social aspects of their culture. Legalists argue that properly utilized shi have the potential to bring about a true golden age for an empire.

Bibliography

Berling, Judith A. "Confucianism." Asia Society, asiasociety.org/education/confucianism. Accessed 21 Jan. 2025.

"Legalism." Exploring Chinese History, www.ibiblio.org/chinesehistory/contents/02cul/c04s06.html. Accessed 21 Jan. 2025.

Mark, Emily. "Legalism." World History Encyclopedia, 31 Jan. 2016, www.worldhistory.org/Legalism. Accessed 21 Jan. 2025.

Mark, Joshua J. "Confucianism." World History Encyclopedia, 7 July 2020, www.worldhistory.org/Confucianism. Accessed 21 Jan. 2025.

O'Connor, Bridgette Byrd. “Legalism.” OER Project, www.oerproject.com/OER-Materials/OER-Media/HTML-Articles/Origins/Unit4/Legalism. Accessed 21 Jan. 2025.

Pines, Yuri. "Legalism in Chinese Philosophy." Stanford Encyclopedia of Philosophy, 7 Apr. 2023, plato.stanford.edu/entries/chinese-legalism. Accessed 21 Jan. 2025.

"Taoism." BBC, www.bbc.co.uk/religion/religions/taoism. Accessed 21 Jan. 2025.

"The Warring States Period of Ancient China: 480 BCE to 221 BCE." San Jose State University Department of Economics, www.sjsu.edu/faculty/watkins/warringstates.htm. Accessed 21 Jan. 2025.