Legalism’s Appealequality: a prince be punished the same way as a commoner

Reward and Punishment by Lord Shang (390 BC – 338 BC)

http://uwch-4.humanities.washington.edu/~WG/~188/Required%20Readings/

Theoretical rationale for LegalismHuman Nature Is Evil

Ebrey 35 CR3 online “Encouraging

Learning” by Xunzi http://uwch-

4.humanities.washington.edu/~WG/~188/188%20Course%20Reader_2011/

Han Fei (Ebrey 38)(ca. 280 BC - 233 BCE)

Government is based on law, not on virtue as Confucius believes

http://uwch-4.humanities.washington.edu/~WG/~188/Required%20Readings/

Confucius’ ideal is idealistic at his best; and naïve at his worst;

守株待兔 【 shǒuzhūdàitù 】

stand by a stump waiting for more hares to come and dash themselves against it; trust to chance and windfalls.

Rabbit won’t come! Those who think

they can take the ways of the ancient kings and use them to govern the people of today all belong in the category of stump watchers!

Five Verminhttp://uwch-4.humanities.washington.edu/~WG/

~188/Required%20Readings/The%20Five%20Vermin_Hanfei.pdf

Now the Confucians and Mo-ists all praise the ancient kings for their universal love of the world, saying that they looked after the people as parents look after a beloved child.

The Confucians with their learning bring confusion to the law;

Five VerminFive Groups of people

Speechmakers propound false schemes and borrow influences from abroad, furthering their private interest and forgetting the welfare of the state’s altars of the soil and gran.

Its swordsmen gather bands of followers about them and perform deeds of honor, making a fine name for themselves and violating the prohibitions

Five Vermin

Its merchants and artisans spend their time making articles of no practical use and gathering stores of luxury goods, accumulating riches, waiting for the best time to sell, and exploiting the famers.

Two Handles (Han Fei)How to Rule?

Reward Punishment

Li Si, Chancellor of the Qin Dynastyca. 280 BC – 208 BC)

Burning books (213 BCE)

460 scholars were buried alive

Feng and Shan ceremony at Mt. Tai

Unification of the written language

Small Seal Script