HAN FEI-TZU ATTACKS CONFUCIANISM
Another of the "Hundred Flowers" of philosophy that flourished in ancient China was the philosophy known as Legalism. The name sounds like something based upon the rule of law. To a certain extent, this was true. But the laws of Legalism had nothing to do with the protection of individual rights. Legalism was a political philosophy that was designed to put all political authority into the hands of the emperor. These laws did not protect a citizen, but rather they made sure that he obeyed.
One of the most important parts of this philosophy
was the concept of the "Two Handles" of government.
These were rewards and punishments. Legalist political philosophy
also had practical elements, namely the reform of Chinese governmental
administration to make it more efficient and more responsive to
the emperor's commands. To this end, legalists relied heavily
upon three primary government ministries: Civil, Military, and
Censoriate. The first was responsible for most government work
such as the collection of taxes, etc. The Military Ministry was
responsible for the defense of the realm and the prevention of
civil unrest. The last, the Censoriate, was essentially responsible
for making sure that all other elements of government followed
orders. The Censoriate spied on people. With the proper use of
these tools, legalists thought that an emperor could properly
control the state.
Points to Ponder:
-- What are the main points of these two short stories?
-- What is the goal of these stories?
-- What is the view of "the people" in these texts? How is this view justified?
-- How does this view of life compare to that of Daoism?
-- Are there other religions or philosophical systems of thought that also use the fear of punishment to get people to act?
-- How is this text a product of the Period of the Warring States?
On the Real Nature of Government
There was once a man of Sung who tilled his field. In the midst of his field stood the stump of a tree, and one day a hare, running at full speed, bumped into the stump, broke its neck, and died. Thereupon the man left his plow and kept watch at the stump, hoping that he would catch another hare. But he never caught another hare, and was only ridiculed by the people of Sung. Now those who try to rule the people of the present age with the conduct of government of the early kings are all doing exactly the same thing as that fellow who kept watch by the stump.
Those who are ignorant about government insistently say: "Win the hearts of the people." If order could be procured by winning the hearts of the people, then even the wise ministers, Yi Yin and Kuan Chung, would be of no use. For all that the ruler would need to do would be just to listen to the people. Actually, the intelligence of the people is not to be relied upon any more than the mind of a baby. If the baby does not have his head shaved, his sores will recur; if he does not have his boil cut open, his illness will go from bad to worse. However, in order to shave his head or open the boil someone has to hold the baby while the affectionate mother is performing the work, and yet he keeps crying and yelling incessantly. The baby does not understand that suffering a small pain is the way to obtain a great benefit.
Now, the sovereign urges the tillage of land and the cultivation of pastures for the purpose of increasing production for the people, but the people think the sovereign is cruel. The sovereign regulates penalties and increases punishments for the purpose of repressing the wicked, but the people think the sovereign is severe. Again, he levies taxes in cash and in grain to fill up the granaries and treasuries in order to relieve famine and provide for the army, but they think the sovereign is greedy. Finally, he insists upon universal military training without personal favoritism, and urges his forces to fight hard in order to take the enemy captive, but the people think the sovereign is violent. These four measures are methods for attaining order and maintaining peace, but the people are too ignorant to appreciate them.
On the Efficacy of Punishments
Now take a young fellow who is a bad character. His parents may get angry at him, but he never changes. The villagers may reprove him, but he is not moved. His teachers and elders may admonish him, but he never reforms. The love of his parents, the efforts of the villagers and the wisdom of his teachers and elders, all the three excellent disciplines are applied to him, and yet not even a hair on his shins is altered. It is only after the district magistrate sends out his soldier and in the name of the law searches for wicked individuals that the young man becomes afraid and changes his ways and alters his deeds. So while the love of parents is not sufficient to discipline the children, the severe penalties of the district magistrate are. This is because men became naturally spoiled by love, but are submissive to authority.
That being so, rewards should be rich and certain so that the people will be attracted by them; punishments should be severe and definite so that the people will fear them; and laws should be uniform and steadfast so that the people will be familiar with them. Consequently, the sovereign should show no wavering in bestowing rewards and grant no pardon in administering punishments, and he should add honor to rewards and disgrace to punishments. When this is done, then both the worthy and the unworthy will want to exert themselves.
Soucre: Sources of Chinese Tradition, translated by Wlliiam Theodore de Bary. (NY:Columbia University Press, 1960).