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  • Essay / Analysis of the governance philosophy of the legalist school of thought

    Law is often linked to morals and ethics. However, we often overlook the practical social mechanism it uses to control people and consolidate states. While Confucius focused on “li” in relation to “ren,” the Legalist school focused more on the other side of the spectrum: the mechanism of practical government that the law provides for rulers. The legalistic school of thought can be described largely in two aspects: the legalistic school in relation to the history and legalistic philosophical functions of law. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get an original essayOne of the great contrasts between legalists and other Chinese philosophies is the view of history. Confucius thought, like many other Chinese philosophies, placed immense gravity on the past. Legitimacy and authority came from “ancient ancestors”; teachers of the past were put on a pedestal and held up as exemplars of philosophy (Fung, 135). For example, in explaining "ren", Confucius refers to Bo Yi and Shu Qi as "the superior men of ancient times" and, in explaining "li", refers to the early Zhou as "a splendid civilization". However, legalists were extremely reluctant to glorify the past, to imitate figures from the past and to base their thinking on the values ​​of the past. Han Fei lamented the limits of what we can learn from the past. It includes “the lack of sufficient understanding of the actions of wise kings and [their] reasonings” (Harris, 160) and different situational circumstances; even when considering admirable values ​​or actions of the past, these two factors create great possibility of misinterpretation and misapplication of past values, even the noblest ones. From this follows the importance of the current context in legalistic thinking. Han Fei believed that as the world changed, guiding philosophies and perceptions of the world must also change, giving way to philosophies more suited to the times. Even the legalist school of thought itself is very reactionary to the current situation. The philosophy was formed during the Warring States Era, where multiple states, such as the Qin and Han, competed for resources and security. Since there is “no guarantee of being able to control the actions of nature or outsiders” (Moody, 18), the desire to consolidate national power is natural. Especially in the life of Han Fei, the most recognized legalist, Han Fei's Han was "reluctantly in the sphere of Qin" (Moody, 20), and during Han Fei's lifetime, his state constantly played a role between the Wei, the Qin and other kingdoms. . The desire for strong national sovereignty and control is natural: “The circumstances of the time…generated a desire for greater order” (Moody, 18). This therefore constitutes the basis of legalistic political and philosophical thought. The legalistic concept of the leader is very different from that of modern leaders. In today's democracies, it is generally accepted that leaders have political agendas and opinions. Legalistic thinking expects exactly the opposite from leaders. The individual attributes and characteristics of a leader are not a prerequisite for governing; Legalist theory holds that a ruler needs only authority and law to maintain effective government, without depending on his individual virtues or talents. Han Fei develops the concept of “Way”: an overall cosmic order that “provides the pattern and regulations of the universe” (Harris, 157). Han Fei supports.