The Legalist School

 

Han Fei Tzu (280-233 BCE) was a leading philosopher of the legalist tradition in China. He concentrated his energy in written works, which gained favor with the king of Ch’in. When the king attacked Han, Fei was sent as a goodwill ambassador. Ch’in’s ministers argued that Fei would be disloyal, being from Han, and that it would be best to pass sentence on him for some offense. While the king was arranging this, the ministers, with a sad disregard for legalistic philosophy, had Fei sentenced to commit suicide by poisoning. The sentence was carried out in 233 BC.

The legalist school rejected Confucianism and Taoism, arguing that laws and their strict enforcement were what was needed for social harmony and a well-run state. In rejecting the past, it focused on the need for a government to demonstrate concrete results rather than to gain plaudits by following tradition. Unfortunately it saw suppression of civil rights and democratic institutions as an essential part of its program. The school’s most notorious achievement was the edict dictating the burning of all books under the Ch’in (or Qin) dictatorship, as described by Sima Qian. Their philosophy was rarely popular after this, although some commentators have detected a resurgence of interest in it in the Twentieth Century.

In his other writings, Han Fei Tzu covered a wide range of subjects. He argued that Mo Tzu, although wise in his philosophy, deliberately avoided eloquence in case the form of his words was remembered rather than their substance. He also showed a satirical touch that somewhat belied the severe tone of his legalistic philosophy. For example, he told a story of an artist who was asked by a king what was hardest to draw and what was easiest. The artist answered that dogs and horses were the hardest because people knew what they look like and no distortion was acceptable. On the other hand, nobody could see devils and demons, so it was easy to draw them.