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)

Writing only decades apart, Han Feizi (ca. 250 BCE) and Kautilya (ca. 300 BCE) were two great political thinkers who argued for strong leaders, king or emperor, to unify warring states and bring peace, who tried to show how a ruler controls his ministers as well as the populace, defended the need for spies and violence, and developed the key ideas needed to support the bureaucracies of the emerging and unified states of China and India respectively. Whereas both thinkers disliked (...) the new merchants, Han Feizi seems content with a traditional feudal economy, whereas Kautilya wanted to use the state to increase production and the wealth in the king's treasury. Kautilya also had much more extensive discussions of war and diplomacy. (shrink)

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)