The essence of legalist doctrine is the use of sovereign law to secure the authority of the ruler, to harness the talents of the ministers, to keep harmony among the people, and to protect the peace from enemies abroad. In short, the aim is to make the state strong and to keep it under control. In this emphasis on the strong state it conflicts with traditional Confucian values that put neighbours and family first.
The essential energy of the state is focused on the knowledge and practice of agriculture and warfare. Agriculture is practiced in times of peace to fill the granaries, and warfare in times of war to repel invaders, preserve alliances and crush enemies. These two activities keep men busy and keep the state strong.
Rewards are clear, penalties severe. Punishments include ministers. Rewards include commoners. With these two levers of authority, the sovereign keeps control of the state. If he should ever be foolish enough to give either power away, then he will lose authority.
Everything has its specific function, every person has his specific qualification. The ruler just assign names. When names and forms are in agreement, superior and inferior are in harmony. The calamity of the ruler originates in self-assertion because his function is solely to rule, not to interfere. When the name exceeds the form, this deserves punishment. When the form exceeds the name, this too may be punished because it signals an attempt to gain favour or it takes away another's responsibility. To speak without knowing, or to not speak when one knows, both deserve to be punished. When forms and names match each other, then this deserves reward. Chastisement and commendation are the two handles by which fear of punishment and greed for reward are exercised.
"Rules and measures" is the sovereign's treasure. "Allies and followers" is the minister's treasure. Thus, the sovereign uses rules and measures to divide up alliances that could threaten his authority. If the ruler's personal bias of like and dislike are concealed, then the ministers' true hearts will be revealed. If the ministers reveal their true hearts, then the ruler will never be deluded. With laws and numbers that are definite and impartial, the ruler will not be deceived. Ministers must never realise wishes that are outside the rule of law, nor bestow favours that are within the rule of law.
When high and low are connected, everything will be in order.
So it was that "the early kings esteemed legalism".
Thus advised Han Feizi. And he was killed for his troubles.
The essential energy of the state is focused on the knowledge and practice of agriculture and warfare. Agriculture is practiced in times of peace to fill the granaries, and warfare in times of war to repel invaders, preserve alliances and crush enemies. These two activities keep men busy and keep the state strong.
Rewards are clear, penalties severe. Punishments include ministers. Rewards include commoners. With these two levers of authority, the sovereign keeps control of the state. If he should ever be foolish enough to give either power away, then he will lose authority.
Everything has its specific function, every person has his specific qualification. The ruler just assign names. When names and forms are in agreement, superior and inferior are in harmony. The calamity of the ruler originates in self-assertion because his function is solely to rule, not to interfere. When the name exceeds the form, this deserves punishment. When the form exceeds the name, this too may be punished because it signals an attempt to gain favour or it takes away another's responsibility. To speak without knowing, or to not speak when one knows, both deserve to be punished. When forms and names match each other, then this deserves reward. Chastisement and commendation are the two handles by which fear of punishment and greed for reward are exercised.
"Rules and measures" is the sovereign's treasure. "Allies and followers" is the minister's treasure. Thus, the sovereign uses rules and measures to divide up alliances that could threaten his authority. If the ruler's personal bias of like and dislike are concealed, then the ministers' true hearts will be revealed. If the ministers reveal their true hearts, then the ruler will never be deluded. With laws and numbers that are definite and impartial, the ruler will not be deceived. Ministers must never realise wishes that are outside the rule of law, nor bestow favours that are within the rule of law.
When high and low are connected, everything will be in order.
So it was that "the early kings esteemed legalism".
Thus advised Han Feizi. And he was killed for his troubles.
Comments: So we see how even an enlightened kind of authoritarianism, just like capitalism today, is based on fear and greed. It is successful precisely because it utilizes human nature instead of trying to change human nature. And yet, though endowed with external strength, the authoritarian and the capitalist society are both internally conflicted. When we all go for the same aim, whether it be power or money, naturally there is conflict. The ruler and the state want to be strong because they are afraid of the dark days, the days of war and lack that leave their imprint on our memory, on our history, on our subconscious, but by being afraid of the dark days, we are always living in the dark days. The only way out is if we could switch from this reactive victim-mentality to the creator-mentality. This is what Nietzsche spoke of in his "Genealogy of Morals", a summary of which you can read at the link. Indeed, we must overcome our greed and fear, and with gentle reason heal our inner conflicts.













