Shi is fundamental and indispensable in understanding Han Fei’s political philosophy. Han Feizi presents a political term with different meanings such as power, status, and situation. Han Fei’s doc...

In the Confucian tradition, the ideal government is called "benevolent government" (ren zheng), central to which is the ruler's parental love toward his people who he deems as his children. Hanfeizi criticized this seemingly innocent political idea by pointing out that (1) not only is the state not a family but even within the family parental love is short of making the children orderly and (2) ren as love inevitably results in the ruin of the state because it confuses what (...) is right/meritorious with what is not, thus disrupts the legal system. In this paper, I defend Confucian virtue politics against Hanfeizi's criticisms. I argue that by failing to grasp the complex nature of ren that encompasses both emotion (ren as love) and moral virtue (ren as filiality), Hanfeizi also failed to understand the actual process in which the ruler's parental love is extended to the people. (shrink)

‘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)

'Bao wei quan' 保位權 (‘Preservation of position and power’) (hereinafter: BWQ) is an essay advising rulers on how to preserve their position of power and maintain control over the bureaucracy. It is a part of one of the most authoritative premodern Chinese texts, the Chunqiu fanlu 春秋繁露 (The Luxuriant Dew of the Spring and Autumn Annals), which is traditionally ascribed to pivotal Han dynasty scholar Dong Zhongshu 董仲舒 (c. 195–115 BCE). This paper argues that the BWQ establishes a type of (...) naturalistic approach to rulership. In this vision, the state and its social and political order is rooted in the constitution of human nature, and is perceived as a place where human tendencies can be followed and fulfilled, but also controlled. In addition, the BWQ’s political discourse and its view of government is built around complementary processes, such as reward/punishment, political power/moral power, non-action/action, actuality/fam etc. The art of rulership thus consists of keeping these opposites in balance. (shrink)

This paper divides the sophisms and paradoxes put forth by Chinese thinkers of the pre-Qin period of China into six groups: paradoxes of motion and infinity, paradoxes of class membership, semantic paradoxes, epistemic paradoxes, paradoxes of relativization, other logical contradictions. It focuses on the comparison between the Chinese items and the counterparts of ancient Greek and even of contemporary Western philosophy, and concludes that there turn out to be many similar elements of philosophy and logic at the beginnings of Chinese (...) and Greek civilizations. (shrink)

It is widely held that there are no indigenous roots in China for the rule of law; it is an import from the West. The Chinese legal tradition, rather, is rule by law, as elaborated in ancient Legalist texts such as the Han Feizi. According to the conventional reading of these texts, law is amoral and an instrument in the hands of a central ruler who uses law to consolidate and maintain power. The ruler is the source of all law (...) and stands above the law, so that law, in the final analysis, is whatever pleases the ruler. This essay argues, to the contrary, that the instrumentalism of the Han Feizi is more sophisticated and more principled than the conventional reading acknowledges. It suggests that, by examining the text of the Han Feizi through the lens provided by American legal theorist Lon Fuller, we can detect an explicit articulation of what Fuller called the internal morality of law. The principles of this morality are elaborated and their importance explained. In this way, the Han Feizi is retrieved as a significant reference point for thinking about legal reform in China today. (shrink)

This paper examines the creation of Daoism in its earliest, pre-Eastern Han period. After an examination of the critical terms "scholar/master" and "author/ school", I argue that, given the paucity of evidence, Sima Tan and Liu Xin should be credited with creating this tradition. The body of this article considers the definitions of Daoism given by these two scholars and all of the extant texts that Liu Xin classified as "Daoist." Based on these texts, I then suggest an amended definition (...) of Daoism. In the conclusion, I address the recent claim that the daojia /daijiao dichotomy is false, speculating that disagreement over this claim arises from the context in which Daoism is considered: among the other pre-Qin "schools of thought" or among other world religion. (shrink)