Many historians believe that the first state ideologists of China - is Confucianism. Meanwhile, legism arose before this teaching. Let us consider in more detail what legism was in ancient China.
General information
Legism, or, as the Chinese called it, the school of fajia, was based on laws, so its representatives were called "legalists."
Mo-tzu and Confucius could not find a ruler through whose actions their ideas would be embodied. As for legism, Shan Yang is considered its founder. Moreover, he is recognized not only and not so much as a thinker, but as a reformer, statesman. Shang Yang actively contributed to the creation and strengthening of the mid-4th century. BC e. in the kingdom of Qin, such a political system in which, after more than 100 years, the ruler of Qin Shi Huangdi was able to unite the country.
Legism and Confucianism
Until recently, researchers ignored the existence of legism. However, as the works of the last few decades, including translations of the classics, have shown, the school of lawyers has become the main competitor of Confucianism. Moreover, the legalist influence was not only not inferior in strength to Confucianism, but to a significant extent determined the characteristic features of the thinking of officials and the entire state apparatus of China.
According to Vandermesh, throughout the entire existence of Ancient China, any significant state event was influenced by legism. This ideology, however, unlike the teachings of Mo-tzu and Confucius, did not have a recognized founder.
Features of occurrence
The first Chinese bibliography included in the History of the Early Han Dynasty contains information that the teachings of legism were created by officials. They insisted on the introduction of rigorous punishments and certain rewards.
As a rule, along with Yang, the founders of ideology include Shen Dao (philosopher of the 4th-3rd centuries BC) and Shen Bu-hai (thinker, statesman of the 4th century BC). Han Fei is recognized as the largest theoretician of the doctrine and finalizer of the doctrine. He is credited with creating the extensive treatise "Han Fei Tzu."
Meanwhile, studies show that Shang Yang was the immediate founder. The works of Shen Bu-hai and Shen Dao are presented only in separate passages. However, there are several scholars who prove that Shen Bu-hai, who created the technique of controlling the work and testing the abilities of government officials, played an equally important role in the development of legism. This thesis, however, does not have sufficient justification.
If we talk about Fei, then he tried to mix several directions. The thinker sought to combine the provisions of legism and Taoism. Under somewhat relaxed legalistic principles, he tried to bring the theoretical basis of Taoism, supplementing them with some ideas taken from Shen Bu-hai and Shen Dao. However, he borrowed the main points from Shang Yang. He completely rewritten some chapters of Shangjun-shu's work in Han Fei-tzu with minor reductions and changes.
Prerequisites for the emergence of teaching
The founder of ideology, Shang Yang, began his activity in a turbulent era. In the 4th century BC e. Chinese states fought each other almost continuously. Naturally, the weak became victims of the strong. Large states have always been at risk. At any moment, riots could begin, and they, in turn, escalate into war.
One of the powerful was the Jin Dynasty. However, the internecine wars that began led to the collapse of the kingdom. As a result, in 376 BC. e. the territory was divided into parts between the states of Han, Wei and Zhao. This event had a huge impact on the Chinese rulers: everyone took it as a warning.
Already in the era of Confucius, the son of heaven (the supreme ruler) did not have real power. Nevertheless, the hegemons who headed the other states tried to maintain the appearance of actions on his behalf. They waged aggressive wars, proclaiming them to be punitive expeditions aimed at protecting the rights of the supreme ruler and correcting negligent subjects. However, the situation soon changed.
After the disappearance of the appearance of Wang’s authority, this title, which assumed dominance over all Chinese states, was appropriated to itself in turn by all 7 rulers of independent kingdoms. The inevitability of the struggle between them became apparent.
In ancient China, the possibility of equal rights of states was not assumed. Each ruler faced a choice: dominate or obey. In the latter case, the ruling dynasty was destroyed, and the territory of the country joined the victorious state. The only way to avoid death was the struggle for dominance with neighbors.
In a war where everyone fought against everyone, respect for moral standards and traditional culture only weakened their position. Dangerous to the ruling power were the privileges and inheritance rights of the nobility. It was this class that contributed to the collapse of Jin. The key task of a ruler interested in a combat-ready, strong army was to concentrate all the resources in his hands, to centralize the country. For this, a reform of society was necessary: the transformations were to apply to all spheres of life, from economy to culture. That is how it was possible to achieve the goal - to gain dominance over all of China.
These tasks were reflected in the ideas of legism. Initially, they were not intended as temporary measures, the implementation of which is due to extraordinary circumstances. Legism, in short, was to provide the foundation upon which a new society would be created. That is, in fact, a simultaneous degeneration of the state system was to occur.
The key points of the philosophy of legism were set forth in the work of Shang-tszyun-shu. Authorship is attributed to the founder of ideology, Jan.
Notes by Sima Qian
They provide a biography of the person who founded the legism. Having briefly described his life, the author makes it clear how unprincipled and tough this man was.
Jan was from an aristocratic family, a native of a small city-state. He tried to make a career under the ruling Wei dynasty, but failed. When dying, the chief minister of the state recommended that the ruler either kill Shan Yang or use him in the service. However, he did not do either the first or the second.
In 361 BC e. ruler Qin Xiao-gong ascended the throne and called on all capable Chinese people to his service to return the territory that once belonged to the kingdom. Shang Yang obtained a reception from the ruler. Realizing that the talk of the superiority of the former wise kings plunged him into a dream, he outlined a specific strategy. The plan was to achieve the strengthening and strengthening of the state with the help of large-scale reforms.
One of the courtiers objected to Yana, saying that under public administration one should not neglect the mores, traditions, and customs of the people. To this, Shan Yang replied that only people from the street can think this way. An ordinary person adheres to previous habits, and a scientist is engaged in the study of antiquity. Both of them can only be officials and execute existing laws, and not discuss issues that go beyond the scope of such laws. An intelligent man, as Yang said, creates the law, and a stupid one obeys him.
The ruler appreciated the decisiveness, intelligence and arrogance of the visitor. Xiao-gun gave Yang complete freedom of action. Soon, new laws were passed in the state. This moment can be considered the beginning of the implementation of the theses of legism in ancient China.
The essence of reform
Legism is, first and foremost, strict adherence to laws. In accordance with it, all residents of the state were divided into groups comprising 5 and 10 families. All of them were bound by mutual responsibility. Whoever did not report the criminal was brutally punished: he was chopped in two. The scammer was awarded the same way as the warrior who beheaded the enemy. The man who hid the criminal was punished in the same way as he had surrendered.
If the family had more than 2 men, and the section was not performed, they paid a double tax. A man who distinguished himself in battle received an official rank. People engaged in private struggle and quarrels were punished according to the gravity of the act. All residents, from small to large, had to engage in tillage, weaving and other matters. Producers of large quantities of silk and grain were exempted from duties.
A few years later, reforms were complemented by new transformations. Thus began the second stage of the development of legism. This was manifested primarily in the confirmation of the decree aimed at the destruction of the patriarchal family. In accordance with it, adult sons were not allowed to live in the same house with their father. In addition, the administrative system was unified, scales and measures were standardized.
The general tendency of events was to centralize management, strengthen power over the people, enlarge resources and concentrate them in one hand - in the hands of the ruler. As stated in the "Historical Notes", to exclude any discussion of people who even praised the laws, they referred to remote border territories.
Territory capture
The development of the school of legism ensured the strengthening of Qin. This allowed us to start a war against Wei. The first campaign took place in 352 BC. e. Shang Yang defeated Wei and took away the lands adjacent to the Qin border from the east. The next campaign was undertaken in 341. His goal was to reach the Yellow River and capture the mountainous areas. This campaign was aimed at ensuring the strategic security of Qin from attacks from the east.
When the Qin and Wei armies approached, Ian sent a letter to Prince Anu (the Wei commander). In it, he recalled their long and long friendship, pointed out that the idea of a bloody battle was unbearable for him, offered to peacefully resolve the conflict. The prince believed and came to Yan, but during the feast he was captured by Qin soldiers. Left without a commander, the Wei army was defeated. As a result, the state of Wei ceded its territory west of the river. The yellow river.
The death of Shan Yang
In 338 BC e. Xiao-gun died. Instead of him, his son Hui-wen-jo, who hated Shan Yang, entered the throne. When the latter found out about the arrest, he fled and tried to stop in a roadside inn. But according to the law, a person who provides an overnight stay to the unknown must be strictly punished. Accordingly, the owner did not let Jan into the inn. Then he fled to Wei. However, the inhabitants of the state also hated Jan for the betrayal of the prince. They did not accept the fugitive. Then Yang tried to escape to another country, but the Wei said he was a Qin rebel and should be returned to Qin.
Of the inhabitants of the inheritance granted to feed Xiao-gun, he gathered a small army and tried to attack the Zheng kingdom. However, Qin troops overtook Yang. He was killed and his whole family destroyed.
Legism Books
The notes of Sima Qian mention the compositions "Agriculture and War", "Opening and Fencing." These works are included as chapters in the Shangjun-shu. In addition to them, the treatise contains some other works, relating mostly to the 4th-3rd centuries. BC e.
In 1928, the Dutch Sinologist Dayivendak translated the work of "Shang-Jun-shu" into English. In his opinion, it is unlikely that Jan, killed immediately after resigning, could write anything at all. The translator substantiates this conclusion with the results of studying the text. Meanwhile, Perelomov argues that in the oldest part of the treatise there are notes of Shang Yang.
Text Analysis
In the structure of "Shang-Jun-shu" the influence of Moism is revealed. The work attempts to systematize, in contrast to the manuscripts of the early Confucian and Taoist schools.
The dominant idea of building a state machine to a certain extent in itself requires a breakdown of textual material into thematic chapters.
The methods of persuasion used by the legistic adviser and the Moist preacher are very similar. Both of them tend to persuade the interlocutor, in which the ruler acted. This characteristic feature is stylistically expressed in tautologies, the intrusive repetition of the main thesis.
Key areas of theory
The whole management concept proposed by Shan Yang reflected hostility towards people, an extremely low assessment of their qualities. Legism is the propaganda of the belief that only through the use of violent measures and cruel laws can the population be accustomed to order.
Another feature of the doctrine is the presence of elements of a historical approach to social phenomena. Private property interests, which the new aristocracy tried to satisfy, conflicted with the archaic foundations of community life. Accordingly, ideologists did not appeal to the authority of traditions, but to a change in social conditions.
Contrasting themselves with the Confucians, the Taoists, who called for the restoration of the former order, the legists proved futility, the impossibility of returning to the old way. They said that you can benefit without imitating antiquity.
It must be said that the legists did not investigate the actual historical processes. Their ideas reflected only a simple contrast of modern conditions with the past. The historical views of the followers of the doctrine ensured the overcoming of traditionalist views. They shook the religious prejudices that existed among the people and, thus, paved the way for the formation of a secular political theoretical base.
Main ideas
Adherents of legism planned to carry out large-scale political and economic reforms. In the sphere of administration, they intended to concentrate the fullness of power in the hands of the ruler, depriving the governors of authority and turning them into ordinary officials. They believed that an intelligent king would not indulge in turmoil, but would take power, establish the law and restore order with it.
It was also planned to exclude the hereditary transfer of posts. It was recommended to appoint to the administrative posts those who proved allegiance to the ruler in the army. To ensure the representation of the wealthy class in the state apparatus, the sale of posts was envisaged. At the same time, business qualities were not taken into account. From people it was necessary only one thing - blind obedience to the ruler.
According to the legists, it was necessary to limit community self-government and subordinate family clans to the local administration. They did not deny community self-government, but they promoted a set of reforms aimed at establishing direct control of state power over citizens. Among the main activities was planned zoning of the country, the formation of bureaucratic services in the field, etc. The implementation of the plans laid the foundation for the territorial division of the inhabitants of China.
Laws, according to legists, should be uniform for the whole state. However, the application of legislation instead of customary law was not supposed. The law was considered repressive policy: criminal penalties and administrative orders of the ruler.
As for the interaction of power and the people, it was considered by Shan Yang as a confrontation between the parties. In an ideal state, the ruler exercises his powers by force. It is not associated with any laws. Accordingly, civil rights and guarantees were out of the question. The law acted as a means of preventive, intimidating terror. Even for the most insignificant misconduct, according to Jan, it was necessary to punish death. The punitive policy was supposed to be supplemented by measures that eradicate dissent and stupid people.
Effects
The official recognition of the doctrine, as mentioned above, allowed the state to strengthen and begin to conquer territories. At the same time, the spread of legism in ancient China also had extremely negative consequences. The implementation of reforms was accompanied by increased exploitation of the people, despotism, the cultivation of animal fear in the minds of subjects, and general suspicion.
Taking into account the discontent of the population, the followers of Jan abandoned the most odious provisions of the doctrine. They began to fill it with moral content, bringing it closer to Taoism or Confucianism. The views reflected in the concept were shared and developed by prominent representatives of the school: Shen Bu-hai, Zing Chan, etc.
Han Fei advocated the addition of existing laws to the art of government. In fact, this indicated the insufficiency of severe punishment alone. Other controls were needed. Therefore, Fay spoke with partial criticism of the founder of the doctrine and some of his followers.
