Legalism, one of the hundred schools of thought in the pre Qin period, is an important school in Chinese history that advocates the rule of law as the core idea, and takes enriching the country and strengthening the army as its own responsibility《Hanshu · Yiwenzhi》Column is“the nine schools of thought”One.Its thought also focuses on the actual effect of law.[1-2]
The flow of legalists is covered by officials, who believe that rewards must be punished, supplemented by etiquette.Those who do it in a timely manner will not be enlightened, but will be benevolent. They will serve as the criminal law full-time and want to be punished. As for maiming their close relatives, they will hurt their kindness.(Hanshu · Yiwenzhi)[18]You can do it for a while, but not for a long time.If you honor the Lord and humble officials, you must clearly divide your duties and not overstep each other, although a hundred families cannot change.(Preface of Tai Shi Gong)[19]
The birth of contemporary Chinese law is influenced by the legalist ideology, which has a strong constraint on a country's politics, culture and morality, and has a profound impact on the modern legal system.
LegalismThe source can be traced back to the officials in charge in the Xia and Shang dynasties.《The History of the Han Dynasty》He said, "Legalists are popular, and they can take care of their own officials."
the Spring and Autumn periodQi StateOfGuan Zhong, JinGuo Yan、zheng OfOffspringwait forsomeone.He issued decrees and penalty books, reformed the land tax system, promoted the feudal process, and became the ideological pioneer of the legalist school in the Spring and Autumn Period.[4]
Philosophically, it expresses someMaterialism,Guan ZhongAnd its successors put forward the view that "the nature does not change, the land does not change", and Zi Chan put forward“The way of heaven is far, the way of humanity is farThe proposition of "beyond our reach" recognizes that nature has its objective laws, and opposes the idea of the interaction between man and nature.[4]
During the Spring and Autumn Period and the Warring States Period, the society also entered a "focus on personnel"“Private school”Daxing“contention of a hundred schools of thought”OfNew era。There, traditionalTheocracyThe idea and theocracy thought were strongly impacted and criticized by the thought of "virtue" and "benevolence", and the thought of "etiquette" and "law" becamesocial ideology The important foundation of."Scholar" stratum appeared and private schools flourished.[5]
These "scholar" classes includeCultural knowledgeThey have political strategies and military talents, and their activities are not restricted by national boundaries. Wherever they go, they are treated with courtesy by the rulers. In this sense, the activity of scholars has laid the foundation for the prosperity of ideology and culture.[5]
Since then, individual writing has become a common practice, and Taoism, Legalism, Fame, Military, Yin Yang, Agriculture, Miscellaneous and other schools have emerged, forming an unprecedented“contention of a hundred schools of thought”New weather of.There are many books in people's hands, academic culture has begun to enter the civil society, and the cultural and scientific level of the whole society has beenPopularization and improvement。[5]
The Warring States Period is an era of great changes.The popularity of iron tools has greatly improvedproduction efficiencySo that individual families can become basicProduction unit。[5]
Legalist sages in the Warring States PeriodLi Xuan、Wu Qi、Shang Yang、Shen Buhai、Leyi、Dramatic pungentThe successive reform in various countries and the abolition of aristocratic hereditary privileges can enable civilians to become new land through reclamation of wasteland, military achievements and other channelsowner。It gave Chinese civilians the opportunity to become officials, thus disintegratingZhou DynastyOfranking system。It fundamentally shook the aristocratic regime maintained by blood ties.[5]
The political spokesman of civilians is the Legalist School, whose political slogan is“Rule by law”"Do not be intimate, do not discriminate between the noble and the lowly, and always judge by the law".[5]
Development history
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Qi Legalist
Guan Zhong
In China's traditional culture of rule of law,Qi StateThe rule of law thought ofQi Legalist。[6]
The State of Qi is "meritoriousCanopyPublicWestern Zhou DynastyJiang Taigong, the founder of the dynastya feudal state，Jiang TaigongHis ancestor Boyi assisted YuShunThe system of combining ritual and law was established.Tai Gong granted Qi, simple manners and common customs, laws and regulations, and the combination of etiquette and law became the inheritance of QiGovernance。[6]
Guan Zhong assisted Duke Huan of Qi in governing Qi. On the one hand, he regarded propriety, righteousness, honesty and shame as the pillar of heaven to maintain the country, and publicized the importance of moral education of propriety, righteousness, honesty and shame.On the other hand, emphasizeRule by lawThe monarch and his officials, both high and low, follow the law and becomeChinese historyHe was the first person to propose the rule of law.[6]
By the Warring States Period, Qi had become the first ideological liberation movement and a hundred schools of thought contending in Chinese historyPlace of originA group of Mr. Jixia who inherited and carried forward Guan Zhong's thought formedGuan Zhong School。Guanzhong School's thought of rule of law, which attached great importance to legalism, became the highest achievement of the Pre Qin Legalist School.[6]
Sanjin Legalists
In China, jurisprudence originated in the Spring and Autumn Period and the Warring States Period. "A hundred schools of thought contend" is a great debate on ideology during the period of social change, which has basically established China for more than 2000 yearsfeudal societyCultural developmentThe foundation of.[7]
In particular, Confucianism and Legalism had a heated debate about their attitude towards "courtesy" and "law". Among them, most of the legalist representatives came from the land of SanjinChinese legal systemPart IStatutory codeLi Gui, the author ofXun Kuang, and then to "Do not avoid ministers by punishing them, and do not avoid people by rewarding them" and proposePower restrictionHan Fei, Wu Qi, Shang Yang, Shen Dao, etc.Its spirit and thought of rule of law together constitute the essence of the Sanjin Legalist culture, and have made outstanding contributions to the formation and development of the Chinese legal system.[7]
During the Warring States Period, Legalists were mainly divided into two camps: Qi Legalists and Qin and Jin Legalists.The Qin and Jin legalists advocated not to be intimate with each other, not to discriminate between the noble and the lowly, but to be determined by the law.Qi Legalists advocated the rule of law,LegalismBoth.The Qin and Jin Legalists worshipped law, art and power as the supreme andStandardQi Legalists not only emphasized technique and power, but also emphasized method and teaching.[6]
Li Gui, one of the founders of the legalist school in Qin and Jin Dynasties, was the minister of Wei Wen, advocating“Teach with utmost effort”We advocate vigorously developing agricultural production, adjusting grain rent, creating a law of "buy and buy", and taking into account the interests of farmers and citizens.He also collected criminal laws of various countries at that time and compiled six articles in the "Law Book".Fajing is the first relatively complete code in ancient China.
At the same time as Li Xuan, Wu Qi first carried out military reform in the State of Wei, and then carried out political reform in the State of Chu.
Later, Shang Yang carried out two reforms in the Qin Dynasty, the main contents of which were: opening paths to seal the border, and abolishing the minefield system.Recognize the private ownership of land and reward agricultural warfare. Those who are diligent in farming and weaving but pay more millet and silk can change their original identity.Those who have performed military service can be granted a title.The county system is implemented.It advocates severe punishment to put an end to crime.However, it rejects moral enlightenment and belittles the role of knowledge and culture.He looked at history from the perspective of development, and proposed that "anti ancients are indispensable, but there are not enough people who follow etiquette", and "if there is no one way to govern the world, the country will not follow the ancient law".
Shang Yang's Political Reform
Economically, ironware is gradually applied to agricultural production,Cattle ploughingIt began to be widely popularized, making the agricultural productivity increase rapidly.Ironware appeared in the late Spring and Autumn Period, but it was not popular. After entering the Warring States Period, whether in agriculture orhandicraft industry, can not do without iron tools.
PipesIt was said that farmers must have iron Lei, Si and Yao, female workers must have needles and knives, and turning workers must have catties, saws, cones and chisels.Otherwise, they can't do it.tool of productionThe reform and wide use of the "" not only enhanced the ability of land reclamation, but also made it possible toCultivated land areaIncrease, meanwhile, provide more production for the societyMeans of subsistence。In the middle and late Spring and Autumn Period“Minefield”In addition“privately owned farmland”。Subsequently, private land is increasing, and land can gradually be exchanged, or even bought and sold,Minefield systemIt gradually disintegrates.
During the Warring States Period, societyProduction modeIt also began to change. Individual farming based on one family replaced collective cooperation based on ploughingIndividual economyGradual occupationleading role 。“Industrial and commercial food officials”The situation ofhandicraftsman, businessmen.They have many industries, such as ironwork, carpentry, textile, washing and dyeing, embroidery, ceramics, etc.The internal division of labor is still very detailed, there are specialized shoes, hats, farm tools, cooking utensils, cars andBurial setOf.
During the Warring States Period, participationcommodity exchangeThere are many kinds of goods, and the areas where goods are exchanged are quite wide, such as walking horses and barking dogs in the north, feathers, ivory, leather, and vermilion in the south, fish and salt in the east, and leather and woolen tail in the west.As a result of the prosperity of handicraft industry and commerce, cities are also unprecedentedly prosperous, and some large cities with large populations and developed economies have emerged.
Qin and Han Dynasties
From the Warring States Period to the Qin Dynasty, the legalist theory was fully practiced.The Qin Dynasty ended the five hundred years since the Spring and Autumn Period, and became the first time in Chinese history toHuaxia nationalityAs the main body and the integration of multiple ethnic groupsCentralizationcountry.
The State of Qin establishedEmperor system, withSangong JiuqingThe central bureaucracy represented by, andCounty system, completely break the selfWestern Zhou DynastyThe Shiqing Shilu system since 1949 has strongly maintained the unity of the country, strengthened the central control over local areas, and established ChinaUnified dynastyThe foundation of governance.
According to the unearthed documents, the other side of the politics of "inaction" advocated by Huang and Lao in the early Han Dynasty also reflected the inheritance of the legal system of the Qin Dynasty.
In the era of Emperor Wu of the Han Dynasty, the position of Confucianism rose unprecedentedly, but the legalist theory still played a certain role.
In the late Eastern Han Dynasty, along with the scholarsGroup consciousnessAndCao CaoWith the change of father son political strategy, Confucianism lost its orthodox status.Metaphysics once replaced Confucianism in the orthodox position in the Wei and Jin dynasties for more than 200 years.
In a sense, the cultural status of the Legalist School has risen again.
Historical recordsCao Cao"The magic of attracting Shen and Shang" was greatly influenced by the thought of the pre Qin Legalists. The officials who were not official or meritorious were not rewarded.
During the Northern and Southern Dynasties, Emperor Daowu of the Northern Wei Dynasty unified the northRubbingsAdvocate Legalists politically.Doctor Gongsun Biao presented the book Han Feizi, urging him to manage his officials by law.He admired Han Fei's centralization thought very much.
Scholars outside and legalists inside
Sui and Tang DynastiesDuring this period, the Legalist School continued to develop, and there were also Legalist subjects in the imperial examinations of the Tang Dynasty.
In the Song Dynasty, Confucianism came to the top.In later history, there were also people who preferred legalist ideas to govern the countryZhuge Liang, Sui YangdiYang Guang、Wang Anshi, Emperor Taizu of the Ming DynastyZhu Yuanzhang, Emperor Chengzu of the Ming DynastyZhu Di、Zhang Juzheng, Emperor Xuanye of the Qing Dynasty, Emperor Shizong of the Qing DynastyYin ZhenEtc.But most of the highly praised emperors are also good at usingLegalism and ConfucianismHe who runs the country with two ideas, such as Emperor Wu of the Han DynastyLiu Che, Tang TaizongLi ShiminEtc.
At the end of the 19th century and the beginning of the 20th century, the moribund Qing Dynasty was only able to parry against the invasion of Western civilization.Sino-Japanese Jiawu WarChina's failure andRusso Japanese WarThe victory of the Japanese side greatly strengthened the determination of the Chinese people to fully westernize.Western political and economic ideas were almost swallowed up.
Chinese scholars at that time, such asZhang Taiyan、republican revolutionary、Liang Qichao、Mai MenghuaThey found that compared with the rule of law in the West, modern China also had the idea of advocating the rule of law, that is, legalists.
Under the specific situation and academic background of the late Qing DynastyZhang Taiyan、Liang Qichao、Shen JiabenEtc“New Legalists”They opposed the traditional unreasonable criticism and attack on Legalists, vigorously righted the name of Legalists, praised their historical achievements, and used "rule of law" or“Legalism”To understand and interpret the legalist ideology, and on this basis, to open up a "new rule of law doctrine.".This innovation has important ideological and academic significance.
During the Republic of China, the greatest contribution to the revival of legalist thought wasChen Qitian, he evenHan FeiziWesternAristotleIn parallel, Han Feizi's contribution to Chinese classical politics is like that of Aristotle to Western politics.
He also mentioned the concept of "new legalism" in his article "On the State of the Legalists in the Pre Qin Dynasty". He said: "Modern China has entered the worldNew Warring States PeriodIt seems necessary to create a new legalist school. "
The works on legalism published during the Republic of China are precious historical heritage and valuable materials for the construction of our new legalism.
modern legal system
The Fourth Plenary Session of the 18th CPC Central Committee proposed that,Comprehensively promote the rule of lawWe must carry forward the socialist spirit of rule of law and buildSocialist culture of rule of law.[7]
The culture of rule of law is gradually developed in the long historical process of a country. No country can completely separate its own history and create a new culture of rule of law out of thin air. The same is true of socialist culture of rule of law.[7]
We study and draw on the essence of legalist culture to advocate the rule of lawFairness and justiceTo integrate the spirit of the socialist rule of lawCultural construction, establish a cultural form of rule of law and a social way of life, and foster the formation of "acting in accordance with the law, finding a way to solve problems, using methods to solve problems, and resolving conflicts"Relying on method”OfMode of thinkingAnd enhance the enthusiasm andInitiativeAnd form a social atmosphere in which law-abiding is glorious and law-abiding is shameful.[7]
representative figure
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Guan Zhong
(719 BC – 645 BC), Ji surname, Guan surname, first nameYiwu, with the name of Zhong, posthumous title of Jing, a political figure in the Spring and Autumn Period.Is called pipeGuan Yiwu、Guan Jingzhong, Han nationality, Yingshang (todayAnhui ProvinceYingshang County）People,King Mu of ZhouDescendants of.[8]
Guan Zhong was a famous militarist, politician, economist and reformer in ancient China, known as the "teacher of sages" and“Chinese Civilization The protector of ".[9]
Guan Zhong lost his father when he was young, and his mother was in the hall. He lived in poverty and had to shoulder the burden of his family too earlyBao ShuyaAfter failing in business partnership, he joined the armyQi StateAfter many twists and turns, he was recommended by Bao Shuya and became the prime minister of the state of QiDuke Huan of QiHe became the first hegemon in the Spring and Autumn Period, so he also said that "Guan Yiwu was elected by scholars".[9]
During his tenure, Guan Zhong made great efforts to reform, enrich the country and strengthen the army, attach importance to commerce, and was once worshipped as a god of protection by the Chinese sex service industry for creating a state-owned prostitution system.[9]
Ji Qiao
(– 522 BC), the Ji surname, the Gongsun surname, the name Qiao, the name Zichan, the name Zimei, the name Chengzi, people also call him Gongsun Qiao, Zheng Zichan, the aristocrat of the State of Zheng,zheng National Capital (Henan Province todayZhengzhouXinzheng）People.
He isZheng MugongSo people also call him GongsunqiaoZheng Zichan。He himselfZheng JiangongHe was appointed minister at that time (554 BC) and took charge of the state politics of Zheng from 543 BC to 522 BC. He was the most famous politician at that time.
536 BC“Cast a book of punishment”He cast his own punishment book on the tripod, setting a precedent for publishing written laws in ancient times, and denying the secret law that "if punishment is unknown, then power is unpredictable".Put forward the proposition of "serving the people with leniency" and "serving the people with ferocity".
Li Xuan
Li Xuan
(ku ī) (455-395 BC), HenanPuyangPeople.Ying surnameLi's, named 悝, Yizuoke, early Warring States PeriodWei People (present HenanPuyang）。
About bornKing Ding of ZhouIn the 54th year (455 BC), he died in the seventh year of King An of Zhou Dynasty (395 BC). He was a famous politician and representative of Legalists in the Warring States Period.
stayWei WenhouThe then Prime Minister presided over the reform.Sima Qian said, "Wei used Li XuanDo your best, for a strong monarch. "Ban GuLi Xuan is called "a rich country and a strong army".
Li Xuan's ReformHe made great contributions in the process of Wei's becoming prosperous and powerful, which was the beginning of China's reform, followed by ChuWuqi Reform, State of QinShang Yang's Political ReformBoth of them are developing Li Xuan's reform practice, which has had a profound impact in Chinese history.[10-11]
Be cautious
Be cautious
(ca. 390 – 315 BC),Zhao People, in their early years, had "learnedthe Yellow Emperor and LaoziThe art of morality "later became an important representative of Legalists.
Later, many of them were lost. There are five chapters in Shenzi: Weide, Yinxun, Minza, Deli and Junren. There are two chapters in Qunshu Zhiyao: Zhizhong and Junchen. In the Qing Dynasty,Qian XizuoJoined into seven chapters, engraved《Mountain Guarding Pavilion Series》。In addition, there are dozens of lost articles.
Shen Buhai
Shen Buhai
(385 BC – 337 BC, according to other data, 420 BC – 337 BC), also known as Shen Zi, a person from the Zhenghan period (now Xinzheng, Henan).One of the important representatives of Legalists and thinkers in the Warring States Period.He is famous for his "art"《Shenzi》During the Spring and Autumn Period and the Warring States Period,contention of a hundred schools of thoughtThe representative of.
After the destruction of the Republic of Korea,Han ZhaohouEmploying him as prime minister, he presided over the reform in South Korea, and for 19 years as prime minister in South Korea, he "practiced politics and religion internally, and responded to princes externally", helping Han Zhaohou to implement "rule by law" and "rule by art", so that South KoreaAbsolute monarchyIt has been strengthened, the domestic political situation has been stabilized, the privileges of the nobility have been restricted, and the people's life has become more and more prosperous. It is said in history that "the country will end up as a Shinzi, and the country will rule and the military will be strong, and there will be no invaders of South Korea." In the past 15 years, South Korea has become strong and prosperous.[12]
Shang Yang
Shang Yang
Original nameWei Yang, also calledGongsun Yang, a member of the Wei State during the Warring States Period.Shang Yang was Prime Minister of the State of Wei in his early yearsGongshucuoFamily ministers.After Gongshucuo died of illness, the King of Wei did not reuse Shang Yang.Later I heard thatQin XiaogongThose who order to seek talents should take Li Xuan's《Dharma Sutra》Tothe Qin stateGo.Through Qin Xiaogong, he favored his officialsLandscape supervisorThird, seeing the filial piety, he came up with three sets of reform plans, namely, "imperial way", "royal way" and "hegemonic way".
Shang Yang talked freely about the overbearing policy of political reform and governing the country. Xiao Gong was very happy, and Shang Yang got a stage to display his ideal of political reform.Shang Yang's Political ReformThe main content ofMilitary meritorious systemEncourage soldiers to fight bravely.Rewards for farming and weaving ensured sufficient food and grass in the rear area of the Qin State.A new law was enacted to enable people to perform their own duties and keep to themselves.After Shang Yang's reform, the State of Qin quickly became a powerfulVassal statesAnd laid a foundation for later generations to unify the world.[13]
Dramatic pungent
(– the first 243 years),the warring statesperiodZhao People, famousYan Stategeneral.In the history of the Warring States Period, Ju Xin was not an ordinary person. He also served as an official in the State of Zhao that yearZhao Wuling King。Juxin isLate Warring States PeriodAn important representative of the Legalist School, he wrote the famous "Drama", also known as "Virgin" nine.
Han Fei
Han Fei
(About 280 BC – 233 BC), the Han nationality, a Korean in the Warring States Period, was the epitome of legalism, and closely combined Shen Dao's "Shi", Shen Buhai's "Shu", and Shang Yang's "Fa" to systematically develop legalism.
Han Fei is from South KoreaPrinces and nobilityBut his theory was notHan WangAdopted.In grief and indignation, he wrote《cynicism of the world and its ways》、《Wutong》, Internal and External Storage《Saying Lin》、《Difficult to say》And more than 100000 words.Later, these works were spread to the State of Qin,Qin Wang ZhengAfter reading it, I sent out a sigh of "Alas! I can see this person traveling with me, and I will die without regret".But when Han Fei went to the Qin State as an envoy, he did not gain the trust of the King of QinLiss、Yao JiaHe was framed and poisoned to death in Qin prison.
Although Han Fei failed to realize his ambition during his lifetime, he further developed legalist thoughts and theories toFirst Emperor of QinUnifying the world provides a powerful theoretical basis.
First Emperor of Qin
First Emperor of Qin
(259 BC – 210 BC), surnamed Ying,Zhao's, Mingzheng.King Zhuang Xiang of QinSon of.Born inZhao capitalHandanHe succeeded to the throne at the age of 13, was called emperor at the age of 39, and reigned for 37 years.Famous politician, strategist and reformer in Chinese history, the first iron hand political figure to complete the unification of China.
Establish the first multi-ethniccentralizationCountry, usedThree Emperors"Emperor" and "Emperor" of the Five Emperors form the title of "Emperor", which is the first one to be called "Emperor" at all times and in all over the worldFeudal dynastymonarch.He was recognized as a thinker of the Ming Dynastyzhi It is known as "one emperor for thousands of years".
Before unifying the six countries, he once read a book written by Han Fei and said admiringly, "I want to communicate with this person, even if I die, I won't regret it.".
He basedHan FeiziThe centralization theory ofNational machinery。In the central government, a complete set of bureaucratic system was established to serve the imperial power, so that the emperor could assume all the power of the country.At the local level, all the enfeoffment states were abolished and establishedprefectures and counties, divided the country into 36 prefectures and counties, under the direct control of the emperorlocal administrationOfficialRight to appoint and remove。
Liss
Chu people in the late Warring States Period.In his early years, he was a junior official in the county. Later, he learned the skills of emperors from Xunzi and entered the Qin Dynasty.First quiltLu BuweiRen Zhilang later persuaded the King of Qin to destroy the vassals and become the emperor, and was appointed as the long history.The King of Qin adopted his plan and sent advisers to lobby with gold and jadeSix countries in GuandongHe alienated the monarchs and ministers of various countries and made them guest ministers.[14]
Qin Wang ZhengTen years ago (237 BC), he ordered the expulsion of six guest ministers.Li Si Shang《A letter of remonstrance to expel guests》It was stopped and adopted by the administration of King Qin. Soon, the officiala military rank。It played a major role in the cause of the Qin king's unification of the six countries.[14]
After Qin unified the countryWang Wan、Feng JieIt was agreed to respect the King of Qin as the emperor and formulate relevant etiquette systems.He was appointed Prime Minister.He suggested that the walls of counties and counties should be demolished and civilian weapons destroyed to strengthen the rule over the people.oppositionEnfeoffment system, insistCounty system。And advocated incinerationFolk collectionIn order to strengthen the centralized rule of authoritarianism, private schools are prohibited in "Shi", "Shu" and "Baijiayu".They also participated in the formulation of laws, unifying vehicle tracks, wordsThe system of weights and measures.[14]
(152 BC – 80 BC), born in Luoyang, his father was a local businessman.Legalists and financiers in the Western Han Dynasty.[15]
Martial EmperorPolitical figures of the period, specializing in finance.When Sang Hongyang was 13 years old, he became a servant of the rich with "scheming". He was appreciated by Emperor Wu of the Han Dynasty because of his ability to "talk about things and analyze things"Da Nong Cheng, Grand Agricultural OrderCaptain SousuConcurrentBig Si NongEtcCentral financeNearly 40 years.
After the end of Emperor Wu's generation, Sang Hongyang was loyal and collected money to strengthen the national strength, and he failed repeatedly for Emperor WuHunThe material foundation has been laid for the exploration of the western regions and the southwest.He is dissatisfied with his financial achievementsSima QianThey also had to praise the festival, saying that in the era of Hongyang, "the people did not benefit from giving, but the world used to spare".
In 80 BC, Sang Hongyang and his powerful officialsHuo GuangPolitical discord was killed.
Representative works
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《Sui Shu · Jingji Annals》The listed legalist classics are 19 volumes of Guanzi《Book of Shang Jun》Five volumes, three volumes of Shenzi《Shenzi》Ten volumes, twenty volumes of Han Feizi, three volumes of New Book, six volumes of Zhenglun, ten volumes of Falun, five volumes of Zhenglun, Ruanzi Zhenglun《World Essentials》Twelve volumes, Fourteen volumes of Chen Zi Yao Yan, Five volumes of Cai Situ Nan Lun, etc.
Governance
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legislate
Legalists
"Dharma is the compilation of maps and books, which are set up in the government and distributed to the people."The role of lawIt is an act of restraining people.The king has the power to punish those who break the law and reward those who obey the king's law.The theoretical basis for urging the people through rewards and punishments is that human nature tends to benefit and avoids harm.
At the same time, Han Feizi added: "In governing a country, a sage does not rely on others to do good for us, but must not use them to do wrong. There is no shortage of people in the country who rely on others to do good for us. A country can use people to do wrong, and a country can use the same people. He who uses people to govern, but gives up the few, so he does not work for virtue, but for law." The sage's way of governing a country is not to rely on everyone to do good, but to make everyone not do evil.There are countless good people in a country.If a few evildoers do not do evil, the country will be peaceful.The monarch runs the country by relying on the power of all people and making (the small number of evildoers) get rid of evil.Therefore, (governing a country) should not always focus on promoting good morality, but should be committed to establishing provisions (governing a few wrongdoers).
Therefore, it can be inferred that the king only needs to master the law and rule the people by law, and the society will be peaceful. It is futile to govern the country only by promoting good moral education.
expect the reality to correspond to the name
This is the explanation of the Legalist School for "name rectification".The king needs a set of power to control his subjects.The officials who hold certain posts have the responsibility to complete the work required by their posts.
The monarch's duty is to delegate a nominal job to someone. The job required by this job has been clearly stipulated in the relevant laws. The monarch only cares about whether an official is scrupulous in his duties. As for how to complete the job requirements, it is the matter of the officials themselves, without the guidance of the monarch.
All the king needs to do is to reward for completing the task, and punish for failing to complete the task.The key is how the king chooses the right person to hold a post."As for Chen, who is a minister, you should use your words to teach him something, and you should use your words to blame his deeds. If your deeds are worth his words, you should be rewarded. If your deeds are not worth his deeds, and your deeds are not worth his words, you should be punished." In this way, those who are able are in the top position, and those who are powerless are eliminated.
Favorable and harmful
Legalists believe that all people have the nature of "being good at benefits and evil at harm" or "being good at benefits and avoiding harm".Guan Zhong once said that businessmen travel day and night to cover thousands of milesLuyiI don't think it is far away, because interests attract him in the front.Fishermen are not afraid of danger and sail against the current. They don't care if they are hundreds of miles away. They also pursue the interests of fishing.With this same idea, Shang Yang came to the conclusion: "There are likes and dislikes in life, so people can be treated."[16]
Therefore, the Legalists combine the human nature of "good for good and evil for harm" with the prosperity and strength of the country. They use rewards and punishments to induce and drive people to "plough", "fight" and "accuse traitors". Those who produce more food, who are meritorious in killing the enemy, and who expose violations of laws and crimes can get officials, farmland and houses. Anyone, regardless of his or her origin, should try to follow the laws and regulations of the country,You will be rich, noble and glorious, and the country will become rich and strong.[16]
Cure lawlessness
Legalists oppose conservative retro ideas and advocate resolute reform.They believe that history is developing forward, and all laws and systems should develop with the development of history, neither retroactive nor conservative.
Shang Yang clearly put forward the idea of "illegal past, not following the present".
Han Fei further developed Shang Yang's idea and put forward that "when time goes by, it will not be easy to govern." He satirized the conservative Confucianism as a foolish man waiting for the hare.
Combination of potential technique and method
Shang Yang、Be cautious、Shen BuhaiThe three men advocated emphasizing law, power and technique, each with its own characteristics.
To the epitome of legalist thoughtHan FeiAt that time, Han Fei put forward the idea of combining the three closely.
Law refers to the improvement of the legal system, potential refers to the power of the monarch, who should hold the military and political power alone, and skill refers to the strategies and means to control officials, control political power, and implement laws.It is mainly to detect, prevent and maintain the monarchy.
Liu Muyu (Liu Duo), a contemporary scholar, mentioned in the book "Illegal and Non human Governance" that "the defense of law is about monarchy, and what politics does is about the same thing".
Shang Yang
In the early Warring States Period,FeudalismIn response to the need for comprehensive reform of slavery in the economic, political and ideological fields, the newly emerging landlord class Legalist School came into being.The thinkers of this school have their own characteristics in theoryFang CeThey are different from each other, but they all advocate the rule of law.
Lecture onjixia academy He inherited and developed Guan Zhong's thoughts and absorbedHuanglao School, advocating equal emphasis on law and propriety, putting morality before punishment, becauseDaosheng methodHas formed a set of relatively mild theory of the rule of law.
Legalist Works and Silk Books in Guanzi《Confucian classics》, Sixteen Classics, Title《Daoyuan》And so on are their representative works.
However, the legalists in Qin and Jin dynasties advocated severe punishment, opposed ritual and righteousness preaching, and focused on law, art, and power. They rewarded farming and war, enriched the country and strengthened the army, and strengthened the power of the world.He is a fierce and thorough sect of Legalists, with remarkable achievements.In history, the Qin and Jin legalists are usually regarded as the main representatives of the pre Qin legalists.
Li Xuan also collected the criminal laws of various countries at that time and compiled six pieces of the Law.Theft Law, Thief Law, Prisoner Law, Arrest Law, Miscellaneous Law, and Specific Law.Fajing is the first relatively complete code in ancient China.
At the same time as Li Xuan, Wu Qi first carried out the military system reform in the State of Wei, and then in the State of ChuPolitical reform"The court of the Ming Dynasty will damage the officials who are not in a hurry", "make the descendants of the monarch receive the nobility for three generations", breaking the old aristocraticShiqing Shilu SystemThe old nobles were forced to move to the border to reclaim land and reward "fighters".
Later, Shang Yang carried out two reforms in the Qin Dynasty, the main content of which was to open paths to seal the border and abolish itMinefield systemDegree, recognize the private ownership of land, reward agricultural warfare, those who are diligent in farming and weaving and pay more millet and silk can change their original identity, those who have military merit can be granted a title, implement the county system, and advocate severe punishment to eliminate crime.But he rejected moral education and despised the role of knowledge and culture.He looked at history from the perspective of development and put forward that "anti ancients are indispensable, but there are not enough people who follow etiquette"“If there is no one way to govern the world, the country will not follow the old rules”。
Shang Yang emphasized "law", while Shen Buhai emphasized "art"."An expert is appointed as an official according to his position. He is responsible according to his name. He has the power to kill people. He is also the master of his people."（《Han Feizi · Fixed Method》）。
In order to prevent ministers from manipulating power and playing tricks, Shen Buhai suggested that the supreme ruler must use art, and the monarch should rule by means of "looking alone", "listening alone", and "assertiveness".He believed that "those who see alone are wise, and those who listen alone are wise. Those who can be assertive can be the masters of the world". The monarch "has the right opportunity and the world governs, so one word is right and the world is determined, and one word depends on the world.".The words and opinions of the monarch can determine the rise and fall of a country, which shows the thought of autocracy and authoritarianism.
Han Feizi
Shen Dao is a school of Legalists who emphasizes the rule of "potential", advocating that the monarch can "grasp the law and deal with potential", and "govern the world by doing nothing".From the point of view of "abandoning knowledge and abandoning oneself", he proposed that "if a great monarch chooses the law and does not bow, then things will be broken by the law".
Shen Dao takes the law as the highest criterion, advocates "officials should not be intimate with each other, the law should not love each other, there is nothing up and down, only where the law lies" (The Prince and the Minister), emphasizes that "the law" must be combined with "the power", and regards the power of the monarch as the power of law enforcement. The so-called "wisdom is not enough to convince people, but the power is enough to encourage the wise", but also believes that the survival of the country is not determined by the power of the monarch alone."The king of subjugation is not the crime of one person, and the king of governance is not the power of one person.".Shen Dao admitted that "law" is not immutable, and proposed that "abiding by the law without change will lead to decline".
Han Fei, a master of Legalism
At the end of the Warring States Period, Han Fei integrated the thoughts of Qin and Jin legalists, and combined "shi", "shu" and "fa" into one, namely, shi established power, shu controlled officials, and legalized people, and absorbedTaoismAnd systematize the theory of rule of law.
Han Fei advocated strengthening the centralization of monarchy, cutting off private forces, "teaching by law", enforcing rewards and punishments, and rewarding farming battles.In terms of historical view, he put forward the idea of "building up the past without expectation" and "preparing for change when things are different", and divided the development of history into the ancient times, the middle ages, the modern times and the present times.
Philosophically, he reformed Laozi's theory of "Tao" with a materialistic view, pointing out that "Tao is what all things are, and all things are just.He believes that Tao is the general law of the development of all things, and reason is of individual thingsSpecial law。It emphasizes that people must follow the objective laws in their activities.
stayepistemologyOn the other hand, he put forward the method of "testing" to test people's words and deeds with the actual effect of "function". He believed that "those who have to do without testing are stupid. Those who cannot do without testing are false.".This idea of taking "testing" as a way to judge the truth of knowledge is of great significance to the development of ancient Chinese materialism epistemology.
The legalist school's theory of rule of law carried out the feudal reform during the Spring and Autumn Period and the Warring States Period, so that Qin Shihuang united the six countries and establishedcentralizationThe autocratic feudal state played an important role and becameQin DynastyThe ruling ideology of.
After the Western Han Dynasty, the independent legalist school gradually disappeared, and its idea of rule of law was absorbed into the system of Confucianism,Combination of morality and punishmentAnd become a powerful tool to maintain the dictatorship of the landlord class.However, the Legalists of the Pre Qin Dynasty did notMaterialistAnd progressive thinkers still have a certain impact.
Fa Bu in the public
Legal essentialsSince the law is the basis for the monarch to govern the country, the people should abide by itCode of conduct, then the law should appear in written form, and make it known to the public, and strive to be "well-known".
Han Fei emphasized that "the law is the constitutional decree of the government, the punishment must be in the hearts of the people, the reward should be based on the prudent law, and the punishment should be based on the traitor decree" (Han Feizi, the law maker).There are two purposes for the promulgation of the law: one is to "make all people know where to avoid", so that they can discipline themselves with the law; the other is to supervise officials to judge cases openly and prevent criminals from asking for mercy outside the law.
Act in accordance with the law
We must act in strict accordance with the law and maintain its authority.Legalists firmly oppose the idea of benevolence and morality beyond "laws and regulations". Han Feizi clearly pointed out: "If the laws are clearly prohibited, we should check their plans. If the laws are clear, there will be no danger of internal turmoil. If we can plan, there will be no danger of death outside. Therefore, those who survive in the country are not benevolent and righteous."
Han Fei believes that "rule by law" should exclude all man-made factors, so as to avoid "people save political action and people perish political interest".As the saying goes, "If we abandon our common virtues, we will be in chaos; if we give up the dharma and let our wisdom prevail, we will be in danger."
No grade of punishment
Legalists believe that once a law is promulgated and takes effect, it must be "no personal relations between officials and no love of law", and the monarch and his officials should "follow the law and eliminate private affairs".It emphasizes that "law", as a unified standard to regulate the society, is "size, rope and ink, rules, weight, weight, and angle."objectivityAnd stability, in the process of application, will not change due to different subjective factors, and everyone should be treated equally.The so-called "monarchs and officials, both high and low, follow the law", "the law is not inferior, and the rope is not flexed", "the punishment is not to avoid ministers, and the appreciation of goodness is not to leave a man", all of which reflect the determination of the Legalists to enforce the law fairly.
Legal stability
"One Law" and "One Respect" emphasize the content and legislative power of unified law, and maintainStability of methodThat is, "One Method" and "One Zun".“The method is not consistent”The "one" refers to the content of the "law", instead of "the old is contrary to the new and contradicts the past", the "firm" refers to maintaining the stability of the law, and "changing the order of the day" will only be the way to subjugate the country, which also reflects the change of the position of the legalists from "reform" to "determination of the law" in the late Warring States Period. Only "politics and law are independent" can ensure that "politics and law are not two doors",Achieve the goal of unifying legislative power.[17]
Educational ideology
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Legalism is the representative of the pre Qin Dynastylandlord classA school of radical interests.Representatives include Li Xuan, Wu Qi, Shang Yang, Shen Dao, Shen Buhai, Han Fei, etc.
They are all advocates of "reform"Political reformFamily and thinkers, conforming to the trend of historical development, tried their best to assist some monarchs in carrying out social, political and economic reforms, and in some ways provided theories, principles and methods for maintaining the rule of the landlord class.
Legalists generally advocate reform and reform in politics and theory, and require strengtheningMonarchical power, advocating the replacement of "rule of law"“rule of li”In order to strengthen and consolidate the dictatorship of the landlord class, we should actively develop the feudal economy, encourage "farming" and strive to "enrich the country and strengthen the army".
staycultural educationIn this field, Legalists also put forward many educational theories and policies different from those of other schools.Among them, the outstanding thought representatives are Shang Yang and Han Fei.
Shang Yang's reform was a relatively thorough reform movement in various countries at that time, and the reform of culture and education was one of the contents of Shang Yang's reform.Shang Yang's Cultural and Educational Thoughts and theConfucianismIt is opposite.He accused "Confucianism" of“Lice”He said that "rites and music", "poetry and books", "benevolence and righteousness", "charity", "filial piety and fraternity" and so on are all things that harm the country and the peopleRetro ismIf we govern the country according to the doctrine of "the enemy must be cut down when he comes, and not be poor" (Agricultural War).As soon as the enemy comes, the territory will be invaded.If the enemy does not come, the country will certainly be poor.Shang Yang also denounced those who "eat without doing, honor without fighting, and respect without nobility" (Paintings)Slave ownerNobles and Confucian scholars are both "□ people".We must eliminate them and then quickly.However, when they used "poetry" and "books" as public opinion tools to attempt to carry out opposition activities, Shang Yang firmly advocated taking“Make laws clear through poetry”(Han Feizi · He Shi).
Standing on the position of the emerging landlord class, Shang Yang paid special attention to cultivating innovative reform talents for the emerging landlord class.He put forward: "Ban the people of wandering officials and show the people of farming and war" (Han Feizi, He Shi).
The so-called "people of wandering officials" mainly refer to those Confucian scholars and some tourists who are full of decayed and conservative ideology.They wag their lips and talk, idle, and do not produce.
Shang Yang believed that it must be prohibited and attacked.Shang Yang wanted to cultivate and promote the "people of farming and war" who had made practical contributions to the emerging landlord class in the feudal annexation war and the development of feudal economy.
Shang Yang believes that such innovators must be treated according to the principle of "letting their strength prevail over their virtue"Must beThe principle of "strength" is to cultivate, promote and appoint boldly.
stayEducation contentOn the other hand, Shang Yang opposes the Confucian education of "etiquette, music, poetry and calligraphy" and the indoctrination of "benevolence", "righteousness", "etiquette" and "wisdom" into studentsCode of Ethics。
Shang Yang believes that "Confucianism" is just some "high rhetoric and false argument", unrealistic "floating learning".In order to train "people of farming war" and talents who enforce the "rule of law", Shang Yang advocates learning laws and practical knowledge useful for farming war.
Shang Yang proposed“First Teach”Education program.The essence of "One Education" is to implement the unified education of the emerging landlord class. Its main content is to unify people's thoughts with the laws and policies of the emerging landlord class.
Shang Yang believed that "one teaching means listening" (Reward and Punishment).He emphasized that "the law is the people's order and the foundation of governance" (Zifen).It is clearly pointed out that "law" is the life of the landlord class and the basis of governing the country, so the people must strengthen the education of "rule of law"."Those who do not follow the law in their words will not listen. Those who do not follow the law in their deeds will not be high. Those who do not follow the law in their deeds will not do anything" (The Kings and Ministers).That is, we will not listen to any speech that does not conform to the law.Do not praise actions that do not conform to laws and regulations.Do not do anything that does not conform to the law.All statements and actions must be based on the "law" of the emerging landlord class.In order to implement the education of "rule of law", Shang Yang implemented the policy of "settingOfficial in charge of law", as the teacher of the world" ("Dingfen"), holding the power of education in the hands of the officials of the emerging landlord class.
In case of migration and death of the "official of the main law", he should immediately select a successor to "study the law", which shows that Shang Yang attaches great importance to establishing the leadership of the Legalist School in education.
In order to strengthen and consolidate the dictatorship of the landlord class, Shang Yang's emphasis on "rule of law" education is understandable, but he ignored the special role of schools in education and canceled the teaching of professional teachers and cultural knowledge, which is against the development of cultural educationobjective lawOf.It was also a great mistake for him to adopt a simple and crude policy of cutting off the old culture altogether.
In order to make Qin rich and strong, Shang Yang took the agricultural war as the key to governing the country.He rewarded agricultural warfare and advocated strengthening agricultural warfare education.He said, "My teaching is that people who want to benefit cannot avoid farming, and those who avoid harm cannot avoid war."（《Cautiousness》）。
stayEducational approachOn the other hand, Shang Yang attached importance to training and increasing people's talents in the actual struggle through the agricultural war.He also believes that people's ingenuity has grown up in long-term combat.These all haveSimple materialismThe idea of.However, due to the limitations of the times and the class, his policy of "teaching by law" and rewarding "agricultural warfare" includedworking peopleThe oppressive and exploitative side of.
Han Fei summed up the historical experience and lessons of class struggle in the early and middle Warring States period, "Confucian scholars use civil law to violate laws, chivalrous men use martial arts to violate prohibitions, and people are masters of propriety"（《Wutong》）Is an important cause of chaos.He also believed that the "private schools" and the rulers at that time were "dual minded".This "private school" is a stumbling block for the emerging landlord class to implement the "rule of law".
Therefore, Han Fei categorically advocates the measures of "banning their behavior", "breaking down their group" and "splitting their party", that is, prohibiting the freedom of action of those who run private schools, and the freedom of speech and association.
Han Fei fiercely criticized and attacked other schools except Legalists, especially those that had the greatest influence at that timeConfucian School。He accused the Confucian doctrine of "propriety, music, poetry, and calligraphy" and the moral code of "benevolence, righteousness, filial piety, and fraternity" of "foolishness and falsehood", "education for poor countries", and "national subjugation"Words”It is the root cause of the country's poverty and weakness, and even the country's subjugation.
In Han Fei's view, the theories of other schools are contradictory, which can only lead to people's ideological confusion, regardless of right and wrong. If the rulers listen to their opinions, they will inevitably cause trouble.
Therefore, Han Fei advocated to prohibit all these contradictory theories that can only confuse people's minds, and set the law on one side.In particular, we should prevent people from being influenced by the ideas of schools other than Legalists, and strictly control their ideas.
Under the historical conditions at that time, Han Fei's Legalist School thought represented the interests of the radicals in the emerging landlord class. It was a progressive trend of thought and played a major role in establishing the unified regime of the landlord class.
However, Han Fei's legalist ideology also reflects the reactionary nature of the landlord class, that is, to exercise ideological control over the working peopleobscurantist policy。Han Fei's cultureAbsolutismThe development of culture and educationAcademic schoolOur prosperity is also extremely unfavorable.
Han Fei advocates cultivating "wise men" or "men who can learn from the law"（《cynicism of the world and its ways》）。These "wise and able people" are innovative figures who understand and resolutely implement the line of rule of law, and are fighters who actively support the "farming war" policy and fight for it.
Han Fei made a detailed explanation of the qualities and abilities that must be possessed by the "wise and able to follow the law". This kind of innovator must be a person loyal to the feudal monarch who "committed himself to the north, without two hearts", and can "go to private musicpublic law”"Don't speak in private when you speak, and don't look at yourself when you have eyes" (Youdu)feudalismThe so-called "good ministers" and "good generals" of national effectiveness.This kind of innovator should have the quality of "foresight and insight", "perseverance and perseverance" (Solitary Anger).
That is to say, it has progressive ideasHistorical viewAnd change ideas.
Politically astuteObservability。They have strong willpower and strong character to firmly implement the line of rule of law.In order to make the idea of "rule of law"IdeologyHan Fei inherited and developed Shang Yang's "One Religion" spirit and measures when China occupied the dominant position. He believed that it was necessary to ensure that "speakers must follow the law" in China, which meant that everyone's thoughts and speech should conform to the spirit of legalism and abide by national laws.
Under the guidance of this thought, Han Fei put forward the famous Legalist education program.He said, "Therefore, in a country where there are no books or letters, we should teach by law. There is no language of the former king,Take officials as teachers”(Wutong).
The essence of the so-called "writing without books and slips" and "language without the first king" is to abolish and liquidate the ancient timesSlaveryCultural classics andMoralizingIn particular, the "rites, music, poetry, calligraphy" and the "benevolence, righteousness, filial piety, and fraternity" advocated by Confucianism, and thus realized his idea of "teaching by law".
Ethical thought
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Legalism is rich in content and complete in structure, including ethical thoughts,social developmentThought,political thought And the idea of rule of law.
The most theme of legalist ethics is the proposition that human nature is evil.In the view of Legalists, it is the inherent nature of everyone from ancient times to modern times to be fond of benefits and evil, and to seek benefits and avoid disadvantages, which cannot be changed.
From the perspective of inheriting ideology and culture, the concept of evil human nature of Legalists is based ona pre-Qin philosopherTheory of evil natureInheritance of ideas.Xunzi's theory of evil nature is mainly manifested in the unsatisfying state of human's sensory desire.
Xunzi said in Xunzi: Evil Nature: "The eyes are lustful, the ears are pleasant to hear, the mouth is pleasant to taste, the heart is good, the bones, the body and the skin are smooth to lose. They are all born of human nature." He believed thatHuman instinctOn the basis ofPossessiveThe heart of harmony and good interests.
"Xunzi · Honor and Disgrace" wrote: "human feelings, appetite, clothing, fashion, behavior, and desire to accumulate wealth. However, it is also human feelings to be discontented over the years." At the same time, it is also believed that the common psychology of people is good honor and bad disgraceYao and ShunThere is no difference between common people and ordinary people, and the most glorious thing in the world is to masterpolitical rights。
《Xunzi Wang Ba》He said: "Fu Gui is the Son of Heaven, rich in the world, and is called the Holy King. He also controls people. People can't get it. It is the same desire of human feelings." Xunzi believed that this nature of human is unreasonable, which should be corrected by carrying out in-depth social practice, that is, 'changing one's nature into a hypocrite'.The forerunners and representatives of the Legalist School either talked about it before Xunzi or expanded it after XunziTheory of human natureThought.
《Tube · Forbidden》He said, "In the nature of ordinary people, one should not be afraid to see the advantages, and one should not be afraid to see the harms. Its merchants, who have traveled by multiple routes, have been working day and night, and those who are thousands of miles away from the sea are in the first place. When a fisherman goes into the sea, the sea is ten thousand feet deep, so he goes against the current, and those who ride hundreds of miles in danger, and those who do not go out overnight, are also in the water. So where the benefits are, although the mountains are ten thousand feet high, there is nothing to go up. Under the abyss, there is nothing to go into."
Shang Yang believes that human nature is beneficial, and the main manifestation of human nature is the desire and need for survival.
It is pointed out in the Book of Shang Jun · Suanchi that "the nature of the people is hunger for food, labor for loss, and bitterness for lossSaultThe humiliation leads to glory, which is the feeling of the people. "Because people have this need for survival, everyone should seek advantages and avoid disadvantages.
The Book of Shang Junshu · Suanchi: "The life of the people: take the advantages and weigh the weight, and power and seek profits." Shang Yang believes that human nature is born, human life is a life of pursuing fame and wealth, and all human behaviors are subject to the nature of good profits.The application of this theory of human nature in politics is the pursuit of nobility, and in economy is the pursuit of land and residence.
The Book of Shang Jun · Wrong Law points out that rulers can just use this person's theory of human nature to achieve their own rule, "there are likes and dislikes in life, so people can be governed; there are likes and dislikes in people, so rewards and punishments can be used."Han FeiHis theory of human nature was partly influenced by Xunzi's theory of evil nature, and at the same time, he also inherited Shang Yang's view that human nature is beneficial.
Han Fei believes that people's good interests are mainly rooted in people's survival needs. He believes that the stomach and intestines are the root, and you can't live without food.Everyone has a desire for profit. Any behavior of a person is dominated by the nature of profit. Even between father and son, the emperor and his subjects, it is also profit oriented.Han Fei cited the infanticide custom in the society to show that this idea has evolved into selfishness.
《Han Feizi, Six Anti》"When parents give birth to a son, they congratulate each other and kill each other when they give birth to a woman. This is all due to their parents' clothes. However, if a man is congratulated and a woman is killed, he should plan for the future and make profits." Han Fei believes that,confucianThe saying that monarchs and officials should treat each other with faithfulness, benevolence and righteousness is unreliable.
《Han Feizi, Nanyi》: "I will do my bestWithJunshi, JunzhongNobilityIn order to match the city.The relationship between the monarch and his subjects is not that of father and son. It is counted. "
In short, the Legalist theory of human nature is a reflection of that eraprivate ownershipAnd merchandiseeconomic developmentThe product of the exchange of goods is the reaction of people's interests on the basis of equal value exchange of goods. It also provides a theoretical basis for the legalist thought of rule of law. In a sense, it is historically progressive.
Integrity concept
Honesty is an important part of the Chinese traditional moral code, with a common standard of adult standing, which has been pointed out by Chinese sages since ancient times.Legalist elites are no exception.
"Honesty" means sincerity and openness.The basic meaning of "trust" is honesty, no doubt and no deception.Guan Zhong, a pioneer of Legalists, believes that honesty is the worldCode of ConductHe explained how to be honest from two aspects.
First of all, Guan Zhong attaches importance to honesty and integrity, and brings it into the category of virtue."The first king values honesty, and honesty is the tie of the world. A good official does not rely on the clan, and a scholar does not rely on external power. A frank interest does not attack, and a frank preparation does not serve. Therefore, preserving the country, setting the state, and listening to the enemy. Those who believe are benevolent. Those who cannot be deceived are wise. Those who are both wise and benevolent are adults."（《Tube · Pivot》）。"His king believes in wisdom and holiness, and his officials are upright. How can he know that his king believes in holiness and holiness? He said," Be careful to use the power and be good at listening. It is wise to use the power and holy to listen to the letter. Those who believe in holiness will be rewarded by heaven. Those who can't faint and forget will be cursed by heaven. "（《Pipe · Four hour》）。
Second, Guan Zhong believed thatMoralityIt is extended to the criminal and military fields.He was separated in《Pipe · Right repair》、《Tube · Plate Method Solution》He pointed out in Guanzi · Nine Abolitions: "Rewards and punishments are based on what they see, although they do not see, how dare they act?"
Wu Qi and Shang Yang and other reformers put honesty into the reform measures and attached great importance to the role of honesty in the process of advocating and implementing the reform. To a certain extent, he relied on honesty to lay the foundation for the reform. He knew how to win the hearts of the people with honesty and establish the image of a reformer from honesty.Wu QidaoHonesty and trustworthinessHe was supported by the people and maintained his moral image.
It is recorded in The Spring and Autumn Annals of the Lv Family, Shen Xiao: "Wu Qi governed the Xihe River and wanted to tell the people to trust him. He set up a watch outside the South Gate every night and day, and ordered Yu Zhong to say, 'If someone is afraid of the appearance of the South Gate tomorrow, he will be a senior official.' Tomorrow, when the sun is up, there will be no one who is afraid of the watch. The people said, 'This must not be believed.' One person said, 'Try the watch, and don't reward it. What harm is it?' Go to the watch and call on Wu Qi.Wu Qi emerged from his own sight, and became an official.At night and day, he set up a watch again, making it like the city before.The city entered the gate to fight for the watch, and the watch could not be rewarded. Since then, people believe in Wu Qi's reward and punishment. "
Sima QianAccording to Shiji · Biographies of Shang JunWei YangbyZuo Shuchang, pawnOrder of Definitive Reform。The order has already been made, but it is not in the market, and people are afraid of disbelief. It has already set up a tree of three zhang in the south gate of the national city. Those who can recruit people to move to the north gate will be given ten gold coins.People are strange and dare not move.He replied, 'Give 50 gold to those who can move.'One person moved in and gave 50 gold coins to show that he would not be cheated.The pawn orders. "
As a legalistA masterHan Fei absorbed Shang Yang and othersEarly legalist schoolFirst of all, he believes in utilitarianism.
It is recorded in Han Feizi - Nan Yi that:“Prince Wen of JinThe general fought with the Chu people, and called his uncle to ask him: 'I will fight with the Chu people, and they are outnumbered. What can I do for them?'My uncle said: 'When I heard about it, I was very polite and honest;Between battle lines, we are not tired of deceit.You are just cheating. 'Duke Wen resigns his uncle because of callYongjiBut he asked, 'I will fight with Chu people. They are outnumbered. What can I do for them?'Yongji said to him, 'Burn the forest and fields, steal many animals, and then there is no need to have no animals;Tell the people deceitfully, steal it for a while, and it will never be recovered. 'Duke Wen said, 'Good!'Say goodbye to Yongji.He defeated the Chu people with his uncle's plan.When you return, you will be honored first by Yongji and then by your uncle.The officials said:‘ChengpuMy uncle is guilty of conspiracy.The husband uses his words and then his body, right? 'Duke Wen said: 'This is not what you know.My husband and uncle have the right to speak at once;Yongjiyan is the benefit of all ages. 'ConfuciusHearing this, he said: 'It's appropriate to be a tyrant of the Duke of Wen!They know both the power of the moment and the benefits of the world. '"Second, Han Fei is generous in praising the virtue of integrity.
《Han Feizi, External Storage, Top Left》He praised Duke Wen of Jin for defending the country with integrity.“Jin Wengong Attacks YuanAfter wrapping up ten days of food, he asked the doctor for ten days. On the tenth day of the original period, he could not attack the enemy. He struck gold and retreated. He left the army. Some scholars came out of the original period and said, 'I will go down in three days.'The officials left and right admonished, saying, 'The original food is exhausted, so you should treat it.'The official said: I will stay with the scholar for ten days. If I don't go, I will lose my faith.I won't do anything if I lose my promise. 'So he gave up his army and left.The original man heard and said, 'If there is a monarch who believes, can he not return?'It is a surrender to the public.ConfuciusWhen I heard it, I wrote: 'Those who attack the original and win the defence believe it.' "
View of righteousness and benefit
Legalists
Guan Zhongzai, a pioneer of Legalism《Guan Zi · Herdsmen》It is put forward in the article: "If you have a solid warehouse, you will know etiquette. If you have enough food and clothing, you will know honor and disgrace.".That is, to seek the root of morality from the material life and affirm the decisive significance of "benefit" to "righteousness".Not only that, Legalists also believe that moral concepts will change with the change of social material life, and they are absolute utilitarians.
In the chapter of Wutong, Han Fei said: "In ancient times, the husband did not plough, and the grass and trees were enough to eat; the woman did not weave, and the skin of animals wasstockingsAlso.The people do not struggle because they do not have enough resources to support themselves. The people are few and have more money.It is not good to give generous rewards, and not to punish severely, but to govern the people.It is not too many to have five sons today, and there are five sons. The eldest father has twenty-five grandchildren before he dies.It is because the people are numerous, but they have few goods and money, and they are hard working, but they can't provide enough. Therefore, people struggle, although they are rewarded and punished many times, they will not be free from chaos. "Legalists insist on people'sMoral standardsIt is directly and closely related to the material foundation of societyMaterial wealthEnough to satisfy peopleMaterial requirementsPeople will behave humanely and morally.
During the Spring and Autumn Period and the Warring States Period,Chinese societyDuring the period of "people have few things" and "striving for strength", benevolence, righteousness and morality have retreated.Shang Yang proposed that "benefit comes from the land" and "fame comes from the war", and Han Fei also clearly proposed that "work hard but not hard", otherwise the country would face the crisis of poverty, backwardness and even national subjugation.
Legalists believe that the so-called "heart of loving others" of Confucianism is actually "hurting people", while the complicated Confucian etiquette of benevolence and righteousness is not only useless and harmful to people, but also the beginning of tyranny.Legalists insist that benefit is the cause of people's behavior, which is bothSocial factsIt is also the principle that the society should advocate.This is consistent with and inherited from the Legalists' theory of human nature, which is beneficial and self serving.
Shang Yang pointed out in the Book of Shang Jun · Kaisai: "I call benefit the root of righteousness." In short, in the view of Legalists, human nature is good for benefit, and people are also pure and nakedInterests"Benefit" is the driving force of all human behaviors and interactions.Under the control of this view of justice and benefit, Legalists thinkers also touched on the topic of public and private. Legalists affirmed "benefit", but there were "public and private" points. They advocated to do public things privately.The "public" of Legalists is based on the interests of the monarch."Private", of course, refers to the people ruled by the monarch.
Shang Yang asserts in the Book of Shang Junshu - Right Cultivation: "Therefore, the relationship between public and private is the foundation of survival and death." Because "the distinction between public and private means that the villain is not weak, and the unworthy person is not jealous of merit." He means that we must "appoint the worthy and promote the capable", rather than "appoint people by favoritism", so as to achieve justice and fairness, so as not to cause disputes and fight for the ruling position of the king.
Be cautiousIt is said in Shenzi Weide, "Anyone who sets up a public institution should abandon the private sector."
Han Fei《Han Feizi, Ornamental Evil》Li also pointed out that "private righteousness leads to chaos, and public righteousness leads to governance." It is intended that in order to safeguard the "public interests of the people", private interests and desires must be eliminated.
Historical limitations
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Confucianists wrote articles to slander Legalists for "not being close to each other, not being different from the nobility". In the feudal autocratic society, they used all methods to measure and judge.
The Legalists have opposedHereditary systemShang Yang, those dignitaries are not willing to acceptLegal constraintsSo the representative figures of Legalists, such asChu StateWu Qithe Qin stateIn the end, Shang Yang paid the price of life for the reform.
There was also a cautious attitude that supported the hereditary system and opposed the idea that scholars should become officials if they were good at learning. In the Song Dynasty, with the increasingly strict ethical code, this statement was naturally not allowed to continue. Some scholars pointed out that the First Emperor orderedBurn booksIt has little influence.
In fact, since the Southern and Northern DynastiesConfucianismThey tended to be dignitaries. During the Song, Yuan, Ming and Qing dynasties, a large number of books collected by the residence were destroyed after every war.
Confucians, as the existing winners, no longer develop the theoretical existence that runs counter to the Confucian system, so that even the internal winners of Confucianism are few.
Method, technique and potentialThe close combination of the three is advocated by Han Fei, the epitome of legalist thought. Han Fei clearly pointed out that "the great thing of human ownership is not the rule of art", "to follow the law is to govern, and to copy the lawCastration"If you don't have skills, you will do harm to the superior, and if your officials don't have laws, you will do harm to the inferior. This is not a thing that can't be done without. It's all the stuff of emperors."
The supremacy of law over power is an important part of modern rule of law.The control of law over power is the basic feature of modern rule of law.
In the process of unifying China, the goal of Legalists is to enrich the country and strengthen the army. How to achieve this goal, Legalists believe thatAgricultural warfareHowever, the Legalists recognized that "when it comes to the internal affairs of the people, it is not difficult to suffer from agriculture, and when it comes to the external affairs of the people, it is not difficult to fight".
The hardships of farming and the difficulties of war are the great obstacles to the implementation of agricultural warfare. Then, by means of rewards and punishments, the people can follow their orders and overcome their difficulties to go to the farming war. Only when the people work hard, the country will be strong and prosperous.
In the view of Legalists, enriching the country and the people, and strengthening the country and strengthening the people are opposite, and they cannot have both. "Legalists' theory of" strengthening the country and the people "reflects the rights and obligations of the country and the people.On this issue, the Legalists advocate unlimited expansion of national rights and narrowing of people's interests, which is a crisis of the Legalist theory.If the people are too weak toSurvivalIt will no longer restrain the country's food, but will rise to grab food. At that time, any rewards and punishments will lose their effect, and the country will no longer be strong.This simpleLaw of unity of oppositesLegalists did not realize that.
