Oriental Philosophy

1. Introduction to the
Philosophy of the Human
Person

3. Definition
Legalism, school of Chinese philosophy that
attained prominence during the turbulent
Warring States era (475–221 bce) and, through
the influence of the philosophers Shang Yang,
Li Si, and Han Feizi, formed the ideological
basis of China's first imperial dynasty, the Qin
(221–207 BCE).

4. Legalism in ancient China was a philosophical
belief that human beings are more inclined to
do wrong than right because they are
motivated entirely by self interest. It was
developed by the philosopher Han Feizi (c.
280 - 233 BCE) who drew on earlier writings of
the Warring States Period of China (476 - 221
BCE) by a Qin statesman named Shang Yang
(died 338 BCE).

5. Even though Legalism during the Qin
Dynasty resulted in huge loss of life and
culture, it should be remembered that
the philosophy developed during a time of
constant warfare in China when each state
fought every other for control.

6. THE ADOPTION OF LEGALISM
• For over 200 years the people of China
experienced war as their daily reality and a
legalistic approach to trying to control
people's worst impulses - controlling people
through the threat of severe punishment for
doing wrong - would have seemed like the
best way to deal with the chaos.

7. Shang Yang's legalism dealt with everyday
situations but extended to how one should
conduct one's self in war and he is credited
with the tactics of total war which allowed the
state of Qin to defeat the other warring states
to control China.

8. • Legalism became the official philosophy of
the Qin Dynasty (221 - 206 BCE) when the
first emperor of China, Shi Huangti, rose to
power and banned all other philosophies as
a corrupting influence.

9. • Confucianism was especially condemned
because of its insistence on the basic
goodness of human beings and its teaching
that people only needed to be gently
directed toward good in order to behave
well.

10. • During the Qin Dynasty any books which did not
support the Legalist philosophy were burned
and writers, philosophers, and teachers of other
philosophies were executed. The excesses of
the Qin Dynasty's legalism made the regime
very unpopular with the people of the time. After
the Qin were overthrown, Legalism was
abandoned in favor of Confucianism and this
influenced the development of the culture of
China significantly.

11. BELIEFS & PRACTICES
• Legalism holds that human beings are
essentially bad because they are inherently
selfish.
• According to the precepts of Legalism, if it is
in one's best interest to kill another person,
that person will most probably be killed. In
order to prevent such deaths, a ruler had to
create a body of laws which would direct
people's natural inclination of self-interest
toward the good of the state.

12. • Morality was of no concern to the legalist
philosophers because they felt it played no
part in people's decision-making process.
• In Legalism, laws direct one's natural
inclinations for the betterment of all. The
person who wants to kill their neighbor is
prevented by law but would be allowed to kill
others by joining the army.

13. •Legalism was practiced through enacting laws to
control the population of China. These laws would
include how one was to address social superiors,
women, children, servants as well as criminal law
dealing with theft or murder.
•Since it was a given that people would act on their
self-interest, and always in the worst way, the
penalties for breaking the law were severe and
included heavy fines, conscription in the army, or
being sentenced to years of community service
building public monuments or fortifications.

14. • Other philosophies which argue for people's
inherent goodness were considered
dangerous lies which would lead people
astray.
• The basic presupposition of Legalism is that
people are naturally inclined to wrongdoing,
and therefore the authority of laws and the
state are required for human welfare.

15. LEGALISM IN THE QIN DYNASTY
• The Zhou Dynasty (1046 - 221 BCE) slowly
began to fall apart .
• The seven states of China - Chu, Han, Qi,
Qin, Wei, Yan, and Zhao - all believed they
were fit to rule and replace the Zhou.
• These states battled with each other again
and again but none of them could gain an
advantage over the others.

16. • King Ying Zheng of Qin adopted Shang
Yang's philosophy of legalism in warfare
which was total war.
• Ying Zheng declared himself the first
emperor of China: Shi Huangti.

17. • Under Shi Huangti's reign those who broke
the law, even through minor offenses, were
sentenced to hard labor building the
Great Wall or the Grand Canal or the new
roads the Qin Dynasty required for moving
troops and supplies.

18. • Legalism remained in effect throughout the
Qin Dynasty until its fall in 206 BCE. After
the Qin had fallen, the states of Chu and
Han fought for control of the country until
Xiang-Yu of Chu was defeated by Liu Bang
of Han at the Battle of Gaixia in 202 BCE
and the Han Dynasty was founded.

19. • The Han Dynasty
--from 202 BCE to 220 CE.
--Silky Road
They originally kept a form of Legalism as their
official philosophy but it was a much gentler
version than that of the Qin. The Emperor Wu
(141-87 BCE) finally abandoned Legalism in
favor of Confucianism and also made it illegal
for anyone who followed the philosophy of Han
Feizi or Shang Yang to hold public office.

20. •Confucianism could be expressed openly again
during the Han Dynasty. The suppression of
Legalism and Legalist philosophers diminished the
threat of the philosophy taking hold again and
allowed for opposing views to be explored. This did
not mean that Legalism disappeared or that it no
longer had any affect on the Chinese culture,
however. Legalism remained a go-to philosophy
throughout China's history up into modern times.
Whenever a government has felt it might be losing
control it has resorted to some degree of Legalism.