Legalism’s Appeal equality : a prince be punished the same way as a commoner

Legalism’s Appealequality: a prince be punished the same way as a commoner • “Rewards and Punishments” by Lord Shang (390 BC – 338 BC) • http://ctext.org/shang-jun-shu/rewards-and-punishments • Shang Yang’s Reforms

Theoretical rationale for LegalismHuman Nature Is Evil! http://ctext.org/xunzi/xing-efor Chinese version • Ebrey 35 • CR3 online • “Encouraging Learning” by Xunzi • https://catalyst.uw.edu/gopost/conversation/weigao/638527 for English Translation.

Xun Zi vs. Mengzi (Mencius)Regarding human nature • Xunzi believed that all people are born with natural tendencies toward "waywardness": that is, a taste for profit and beauty and a susceptibility to jealousy and hate, all of which, if indulged in, would lead to disorder and criminality. In order to attain a oneness with the Way, a dedication to morality, Xunzi argued for the guidance of a proper teacher. • Mencius: human nature is good—the most famous analogy being the baby falling into a well… • Sources of evil: poverty;

Han Fei (Ebrey 38)(ca. 280 BC - 233 BCE) • Government is based on law, not on virtue as Confucius believes. Han Fei argues that the days of ancient sage kings are gone forever. • http://ctext.org/hanfeizi • Confucius’ ideal is idealistic at his best; and naïve at his worst; • 守株待兔 • 【shǒuzhūdàitù】 stand by a stump waiting for more hares to come and dash themselves against it; trust to chance and windfalls.

Rabbit won’t come for the second time! • Those who think they can take the ways of the ancient kings and use them to govern the people of today all belong in the category of stump watchers!

Five Vermin 五蠹http://uwch-4.humanities.washington.edu/~WG/~188/Required%20Readings/The%20Five%20Vermin_Hanfei.pdf • Now the Confucians and Mo-ists all praise the ancient kings for their universal love of the world, saying that they looked after the people as parents look after a beloved child. • The Confucians with their learning bring confusion to the law; • 188 course reader online

“Five Vermin” refer toFive Groups of people (116-117) • 1. (Confucian) Scholars 学者(指战国末期的儒家) & Speechmakers– 2. The School of Diplomacy or "School of Vertical and Horizontal" Alliances (言谈者 (指纵横家): propound false schemes and borrow influences from abroad, furthering their private interest and forgetting the welfare of the state’s altars of the soil and gran. • 3. Its knights/swordsmen (rovingbrave; knight-errant) 带剑者(指游侠) gather bands of followers about them and perform deeds of honor, making a fine name for themselves and violating the prohibitions

Five Vermin • 4. Dependents on influential men/private noble families(those who escaped military service by bribery) 患御者(指依附贵族私门的人) • 5. Its merchants and artisans工商之民 spend their time making articles of no practical use and gathering stores of luxury goods, accumulating riches, waiting for the best time to sell, and exploiting the famers.

Two Handles of Legalism(二柄) How to Rule? • Reward • Punishment

Li Si, Chancellor of the Qin Dynastyca. 280 BC – 208 BC) • Burning books (213 BCE) • 460 scholars were buried alive • Feng and Shan ceremony at Mt. Tai • Unification of the written language

Jia Yi: Faults of Qin贾谊: 过秦论 • Course Reader online • Regardless of its military supremacy and geographical advantages, the Qin Dynasty met its downfall within 14 years; • The Han Synthesis of Confucianism/Legalism/Taoism with Confucianism as lead • Dong Zhongshu (179-104 BCE) 董仲舒 & Emperor Wu of Han (156 to 87 BCE) 汉武帝

Legalism’s Appeal equality : a prince be punished the same way as a commoner