In much of pre-Qin political philosophy, including those thinkers usually labeled Confucian, Daoist, or Mohist, at least part of the justification of the political state comes from their views on morality, and the vision of the good ruler was quite closely tied to the vision of the good person. In an important sense, for these thinkers, political philosophy is an exercise in applied ethics. Han Fei, however, offers an interesting break from this tradition, arguing that, given the vastly different goals (...) of moral theory and political theory, it would be disastrous to rely upon the former to undergird the latter. He develops a distinctly amoral political philosophy that avoids many of the problems he sees as arising from a reliance on particular virtues on the part of the ruler or others within the state. In this paper, I analyze the source of normativity in Han Fei’s political philosophy, arguing that he demonstrates a keen understanding of the problems inherent in any system that relies upon moral standards to develop a strong, stable, and prosperous state. Rather, he demonstrates how an understanding of human nature, along with a recognition of facts about the natural world, allows for the development of a non-moral political philosophy that relies on a systematic bureaucracy and an inviolate system of law, one which will be much more successful, he believes, than anything his competitors can construct. (shrink)

This paper focuses on an early Chinese conception of genealogical argumentation in the late Warring States text Han Feizi and a possible response it has to the problem of genealogical self-defeat as identified by Amia Srinivasan —i.e., the genealogist cannot seem to support their argument with premises their interlocutor or they themselves can accept, given their own argument. The paper offers a reading of Han Fei’s genealogical method that traces back to the meditative practice of an earlier Daoist text the (...) Zhuangzi and its communicative strategy, providing a conception of genealogy aimed at undoing fixations on political systems in order to bring about a more adaptive state—specifically, genealogy that does not require epistemological commitment to its premises. (shrink)

Han Fei (around 280 to 233 B.C.) advocates a strong and orderly state based on the absolute authority of the state and the law. Han Fei is usually not associated with human rights. His philosophy is difficult to reconcile with civil and political human rights, even if some of his political concepts support the realization of certain human rights. However, Han Fei’s ideas help us to gain a better understanding of the People’s Republic of China’s official human rights narrative. The (...) PRC emphasizes collective social and economic human rights, views the authority of the Communist Party as a prerequisite for the realization of human rights, and advocates rule by law, i.e. using the law as a tool of governance. This largely conforms to Han Fei‘s views on the role of the authority of the state and the law, and the relationship between the government and its citizens. (shrink)

Han Fei was a central figure in Chinese Legalism, which was a leading school of thought in the Warring States period of China, and which left a huge imprint on political culture in imperial China. This article examines the complex duality of public and private interests in Han Fei’s political thought, a crucial aspect of his thinking. I argue that Han Fei adopted a sophisticated statist approach to understanding public and private interests. For Han Fei, public interests are embodied in (...) the state while private ones have dual functions. On the one hand, private interests threaten public ones by inviting corrupt material interests, personal morality, and knowledge, as well as human relationships. On the other hand, self-centered human psychology plays a dialectic role in strengthening the state. (shrink)

Although there has been a resurgence of interest in virtue ethics, there has been little work done on how this translates into the political sphere. This essay demonstrates that the Confucian thinker Xunzi offers a model of virtue politics that is both interesting in its own right and potentially useful for scholars attempting to develop virtue ethics into virtue politics more generally. I present Xunzi’s version of virtue politics and discuss challenges to this version of virtue politics that are raised (...) by the Legalist thinker H an Fei. I show that not only is Xunzi’s virtue politics capable of surviving the challenges raised by his contemporary, he offers an account that is in many ways both attractive and plausible, one that may usefully be brought into conversation with contemporary visions of virtue politics. (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)

One of Han Fei’s most trenchant criticisms against the early Confucian political tradition is that, insofar as its decision-making process revolves around the ruler, rather than a codified set of laws, this process is the arbitrary rule of a single individual. Han Fei argues that there will be disastrous results due to ad hoc decision-making, relationship-based decision-making, and decision-making based on prior moral commitments. I lay out Han Fei’s arguments while demonstrating how Xunzi can successfully counter them. In doing so, (...) I argue that Xunzi lays out a political theory restricting the actions of the ruler through both the use of ritual and law, which allows him to develop a theory that legitimizes government while at the same time constraining itself. Xunzi’s political theory makes important strides in its attempt to recognize the importance of the ruler as a moral exemplar while also restricting his control in the political process. (shrink)

Our paper is intended to follow the streams of thought along Chinese classicism that fostered hostility towards literary culture and merged into Han Feizi's work, by mid-3rd Century BC. On the one hand, Confucian tradition was prone to an elitist and anti-democratic approach to government, and set a precedent for mistrust in the use of eloquence and bookish culture. On the other, Taoism developed a theoretical contempt towards intellectualism, material culture, and scientific and technical progress, going as far as to (...) fancy unlettered utopias. On the basis of sheer utility and functionality, the Legalist school, whose latest link is represented by Han Feizi, would be receptive to both streams and take mistrust in traditional literary culture to its height. Assimilation of these ideas by Qin Shihuang, the First Emperor, led to implementation of anti-literary radicalism by banning any freedom of speech and, ultimately, by burning books and erudites. Mutatis mutandis, we suggest that a connection may be drawn between that historical process and today's Neoliberal hostility towards the Humanities. (shrink)

A major obstacle to the political revival of Confucianism has been its tension with the rule of law. Systemic features of Confucianism such as social hierarchy (and the corresponding social inequal...

In this essay I revise, based on the notion of the ‘enlightened ruler’ or mingzhu and his critique of the literati of his time, the common belief that Han Fei was an amoralist and an advocate of tyranny. Instead, I will argue that his writings are dedicated to advising those who ought to rule in order to achieve the goal of a peaceful and stable society framed by laws in accordance with the dao.

In his treatise Han Fei Zi, the Chinese ancient thinker Han Fei proposes a governance structure that emphasizes the institutionalization of legal norms, judicious sovereign intervention, and ministerial obligations. These three core concepts of Han’s legal thinking are informed by both the Taoist law of Nature and the Confucian philosophy as is expounded by Xun Zi. Recognition of the Taoist and Confucian influences brings to light the ethical and normative dimensions of Han’s legal thought, dimensions that, I propose, provide new (...) insights into China’s legal and institutional reforms today. (shrink)