Mohism & Legalism

1. Mohism & Legalism

2. The End of Feudal China • Collapse of Zhou Dynasty • Disintegration of state • Social disorder • Rise of independent kingdoms

3. The Hundred Schools of Thought • Only Six were important • School of Names (名家, míngjiā) • Yin-Yang School (陰陽家, yīnyángjiā) • Confucianism (儒家, Rújiā) • Taoism (道家, Dàojiā) • Mohism (墨家, mòjiā) • Legalism (法家, fǎjiā)

4. Mohism • Founded by Mòzǐ (墨子) 470–391 • Concerned with saving society • Rejects appeal to past • Rejects partiality

5. Mohism • A principle by which to judge principles: Does it benefit the country and the people • A kind of Utilitarianism • Benefits (利, lì) are simple material goods • Makes the ideal state a bit dull

6. Mohism • Universal Love (兼愛, jian ai) • ‘Impartial Concern’ • Passes the Benefit Test, unlike the partial concern of the Confucians

7. Mohism • Universal Love (兼愛, jian ai) When we come to think about the cause of all these calamities, how have they arisen? Have they arisen out of love of others and benefiting others? Of course we should say no. We should say they have arisen out of hate of others and injuring others. If we should classify one by one all those who hate others and injure others, should we find them to be universal in love or partial? Of course we should say they are partial. Now, since partiality against one another is the cause of the major calamities in the empire, then partiality is wrong. Mz 16.1 (‘Universal Love III’)

8. Mohism • The Will of Heaven • Why pursue good of others? • Because Heaven wills it • Heaven will reward and punish accordingly

9. Mohism • The Absolutist State • People have many interests, which may conflict Mozi said: In the beginning of human life, when there was yet no law and government, the custom was "everybody according to his own idea." … and so arose mutual disapproval among men. … The disorder in the (human) world could be compared to that among birds and beasts. Mz 11.1

10. Mohism • The Absolutist State • People have many interests, which may conflict • A single ruler is needed to stop this disorder Yet all this disorder was due to the want of a ruler. Therefore (Heaven) chose the virtuous in the world and crowned him emperor. Mz 11.2

11. Legalism • The School of Law (法家, fǎjiā) • Justified the modern state

12. Legalism • Hán Fēizi (韩非子) • 280–233

13. Legalism • Han Feizi • Realised times had changed • Could no longer rely on • lǐ(礼, ‘conventions’) to guide the nobles • xìng (刑, ‘punishments’) to rule the commoners • Required a new form of order • Found it in fǎ (法) : Law, standards, norms

14. Legalism • Human Nature characterized • naturally self-interested • Has ‘two handles’ – reward & punishment In ruling the world one must act in accord with human nature. In human nature there are the feelings of liking and disliking, and hence rewards and punishments are effective. HFz 48

15. Legalism • Principles of Shāng Yāng (商鞅, d. 338) • yī mín (一民; ‘one people’) • Provides for legal equality for all • dìng fǎ (定法; ‘fixing the standards’ ) • Provides for objectivity of interpretation Since the officials well know that the people have knowledge of fa and orders … they dare not treat the people contrary to the fa …

16. Legalism • Motivating the Laws • ‘the enrichment of the state and the strengthening of its military capacity.’ • Diversity of opinion was damaging – ban it. • Lack of standards in culture was damaging – create such standards

17. Legalism • Offices are created hierarchically • There are objective criteria for the performance of each office • Each level applies reward/punishment to the lower level for success/failure to perform

18. Legalism • The Ruler requires • shì (勢): authority • the power to make his commands be obeyed • shù (術): methods • the ability to handle his subordinates • fǎ (法): law • to guarantee impartiality and justice

19. Legalism • Was not forgiven for its atrocities