‘Legalism’ is a term that has long been used to categorize a group of early Chinese philosophers including, but not limited to, Han Fei (Han Feizi), Shen Dao, Shen Buhai, and Shang Yang. However, the usefulness of this term has been contested for nearly as long. This essay has the goal of introducing the idea of ‘Legalism’ and laying out aspects of the political thought of Han Fei, the most prominent of these thinkers. In this essay, I first lay out (...) how the term Legalism could be useful and what would be necessary in order for it to serve that use. I then turn to an investigation of certain aspects of the most prominent Legalist philosopher, Han Fei, that is quite important for understanding his philosophy and situating him in the context of the early Chinese philosophical milieu. In particular, I focus on an analysis of Han Fei's conception of the Way (dao), arguing that features of his philosophy most often discussed, namely, his advocacy of law (fa), administrative techniques (shu), and positional power (shi), arise out of his conception of a cosmic Way. I then turn to Han Fei's understanding of the role of history, demonstrating how it differs radically from the views of his contemporaries, raising serious challenges to Confucian, Daoist, and Mohist conceptions of history. (shrink)

This is a study of the ninth chapter of the Huai-nan-tzu, a Chinese philosophical text compiled in the mid-second century BC. The chapter (entitled Chu-shu [The techniques of the ruler]) has been consistently interpreted as a proposal for a benign government that is rooted in the syncretic Taoist principles of the Huai-nan-tzu and is designed to serve the best interests of the people. I argue, on the contrary, that the text makes skilful (and deliberately deceptive) use of vocabulary from the (...) major philosophical traditions of the day, in an attempt to subdue all philosophical sectarianism and wrench various antecedent philosophical ideas into the justification of a supreme political state. The best interests of the people are understood as nothing more than their material needs, since the text also denies that the ruler's subjects are possessed of 'minds' in any philosophical sense. It is this process of systematically undermining other philosophical traditions that I call 'insidious syncretism. '. (shrink)