Legalism
and Chinese Philosophy
In contrast to Taoism's
intuitive anarchy, and Confucianism's
benevolence, Legalism is a Classical Chinese philosophy that emphasizes
the need for order above all other human concerns. The political
doctrine developed during the brutal years of the Fourth Century
BCE (Schafer 83). The Legalists believed that government could
only become a science if rulers were not deceived by pious, impossible
ideals such as "tradition" and "humanity."
In the view of the Legalists, attempts to improve the human situation
by noble example, education, and ethical precepts were useless.
Instead, the people needed a strong government and a carefully
devised code of law, along with a policing force that would stringently
and impartially enforce these rules and punish harshly even the
most minor infractions. The Ch'in founder based his rule on these
totalitarian principles, and had strong hopes that his government
would endure forever.
The founder of the Legalistic school was Hsün
Tzu or Hsün-tzu. The most important principle in his
thinking was that humans are inherently evil and inclined toward
criminal and selfish behavior. Thus, if humans are allowed to
engage in their natural proclivities, the result will be conflict
and social disorder. As a solution to this problem, the ancient
sage-kings invented morality. Since morality does not exist in
nature, the only way of making humans behave morally is through
habituation and harsh punishment (Lau 120). Hsün Tzu, much
like the Italian political philosopher Machiavelli,
draws a clear distinction between what pertains to heaven and
what pertains to man. Later Legalist thinking influenced Chinese
political theorists like Tung Chung-shu, who believed in a rigid
mathematical proportion in social arrangements.
Even though both Confucianism and Legalism called
for governmental hierarchy and adherence to tradition, the difference
between the two schools is that Confucianism advocated ruling
benevolently by example. It possessed an optimistic view of human
potential. (Mencius is often held up as a contrasting example
of a Confucian philosopher in opposition to the legalistic doctrine
of Hsün-tzu). The difference also appears starkly in the
imagery of each philosophy's writings. The dominant imagery in
Legalism's writings is of forcefully straightening or unbending
twisted tree limbs so that they grow perfectly straight, or using
hot irons to burn the tree limbs so that they will grow in the
desired direction.
Works Consulted:
Lau, D. C. "Glossary." Lao-Tzu: The
Tao Te Ching. NY: Penguin Books, 1963.
Schafer, Edward H. Ancient China. Great Ages of
Man: A History of the World's Cultures. NY: Time Life Books, 1967.
