Han Feizi’s criticisms of Confucian and Mohist political recommendations are often thought to involve materialist or historicist arguments, independently of their epistemological features. Drawing largely on Amia Srinivasan’s recent taxonomy of genealogical arguments, this paper proposes a genealogical reading of passages in “The Five Vermin [五蠹 wudu]” and “Eminence in Learning [顯學 xianxue].” This reveals Han Feizi’s arguments to be more comprehensively appreciated as problematizing Confucian and Mohist political judgments as arising from undermining contingencies, rendering them irrelevant, if not detrimental, (...) to any lasting excellence of a state. In doing this, it is also suggested that there is a ‘master argument’ underlying Han Feizi’s criticisms, according to which the epistemology of the Confucians and Mohists are fundamentally unreliable. (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)

This paper explores the relation of order and welfare for Han Fei's philosophy. It will be claimed that the Legalist did indeed show concern for the overall quality of life of society, claiming that his model state would lead to a substantial increase for the individual's welfare. On the other hand, although he acknowledges (and cares) for these positive consequences, Han Fei does not attach any value for legitimizing the system he proposes to them. Even if there were any value (...) attached to benefitting the people, it would be indirect. For Han Fei, a welfare does not legitimize the system but is a consequence of the ‘right system’. He is not concerned with letting the people live better for the sake of the people, but rather with having healthy and motivated subjects, as these are at the same time consequences of, and requirements for, a strong and stable state. The novelty of this paper is to interpret Han Fei's philosophy as welfare-maximization through a specific understanding of the role of virtue. (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)

Feizi’s philosophy is usually represented as an amoral autocracy where the ruler is the sole political power and runs the state by controlling the people through rewards and punishments. While his system is formally autocratic, this article argues that the purpose behind this system bears some similarity to the republican political ideal of non-domination. In this interpretation, Han Feizi makes the ruler the sole power to mitigate the danger of the state being dominated by ministers. He does not employ republican (...) institutions, but attempts to discourage the ruler from using his power capriciously in order to increase order and security in the state, which are his ultimate political values. Han Feizi is not a republican, but this similarity suggests that when revised for today’s very different circumstances, Han Feizian philosophy’s focus on impartial law can make a contribution to contemporary Chinese political thought. (shrink)

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.

One of Han Feizi’s most subtle criticisms of Confucianism targets a central feature of its moral cultivation program, namely an appeal to modelling oneself on ancient sages. According to Han Feizi, this ideal of model emulation is doomed to failure due to imperfect knowledge of past exemplars, the fact that certain ideals of practice may not be applicable to (or catastrophic for) some practitioners, and the additional fact that one cannot always rely on past examples to provide good guidance for (...) future events. As Eric Hutton points out, this line of critique bears striking similarities to one offered by Bernard Williams against virtue ethics. Accordingly, this emulation problem poses difficulties not only for Confucianism, but also more generally for virtue ethics. This paper argues that the emulation problem can be overcome by appealing to the Confucian Xunzi’s account of the role of ritual (li) in moral cultivation. Specifically, the ways in which ritual promotes moral development provide the Confucians (and, by association, virtue ethics) with the means of devising a sufficiently sophisticated account of emulation to meet the challenge lobbied by Han Feizi and Williams. (shrink)

Christian B. Miller has noted a “realism challenge” for virtue ethicists to provide an account of how the character gap between virtuous agents and non-virtuous agents can be bridged. This is precisely one of Han Feizi’s key criticisms against Confucian virtue ethics, as Eric L. Hutton argues, which also cuts across the Aristotelian one: appealing to virtuous agents as ethical models provides the wrong kind of guidance for the development of virtues. Hutton, however, without going into detail, notes that the (...) notion of rituals in the Confucian tradition may be able to sidestep Han Feizi’s criticism. In this essay, I wish to explore not only how the notion of rituals, alongside its corollaries in Xunzi’s Confucian program for ethical cultivation, indeed addresses Han Feizi’s criticism, but also observe that Aristotle’s tragic poetry plays functionally equivalent roles in his own understanding of ethical upbringing. I will begin by considering Han Feizi’s critique of ethical cultivation in virtue ethics as such and how it poses a specific problem for the acquisition of the ‘constitutive reasoning’ shared by Aristotle and Xunzi. I will then briefly note that this problem trades on the synthetic structure of human nature found in both Aristotle and Xunzi (the rational/irrational parts of the soul and the heartmind/five faculties), which grounds the way they understand ethical action and agency. Finally, I will suggest how both Aristotle and Xunzi understand the role of the arts in their extensive programme of ethical cultivation, allowing them to respond to Han Feizi’s attack as too narrow a construal of their respective ethical projects. It is hoped that, through this, we may gain a better sense of how more recent virtue ethicists may similarly draw on aesthetic resources for ethical development. (shrink)