The Ideology of Legalism Shang Yang, State Power, and the Art of Ruling in Ancient China (original) (raw)
2015
NB: Old - needs updating and several resources to add, but hopefully of use and/ or interest. Work in progress: the article will be completely reshaped and updated as a chapter in a volume scheduled at the beginning of 2022: In Search for the Self. Law and Virtue, Private and Public, Love and Body, Facets of the Self in Late Imperial China The evolution of Confucianism: Between the " rule of law " and the " rule of human being ". Ambiguities and creativity in long-term debates and variations of anthropological dimensions of human beings. 1 Key words: The " rule of law " , the " rule of human being " , new anthropological dimensions of human beings, evolution of Confucianism, Taizhou school. We often raise questions on the flexibility and evolutions of ideologies: Confucianism is an example of a practical ideology has adapted itself to the great social changes from the times of its founder to the present day society. The five cardinal relations, wugang 五綱, as well as the contents of many instructions, reflected a certain kind of society in a certain period, and necessarily were adapted to the transformations during the centuries. In order to last longer the doctrine could not but be transformed according to the changes of society, hierarchy, mobility, etc. My reflections will start from the examination of the different meanings concerning the fazhi-renzhi 法治/人治 debates, and them I will shortly analyse some cases of construction of new anthropological dimensions in late imperial period. The old order that Confucius intended to restore collapsed with the end of the Zhou dynasty. The contribution of Legalism to social-political efficiency was the creation of a written penal law that could be objectively applied to the whole population, and the establishment of a unique system in the country. Confucian alternative of government by moral suasion opposed Legalism and finally survived to it because considered human beings endowed with moral sense. The so called Imperial Confucianism was a compromise between the Legalist foundation of the Empire and the ideal rules by Rites (lizhi 禮治). The strength of law alone was not enough to get consensus, to control people and insure order and cooperation, because men respond also to their sense of justice and their ideals, and cannot be ruled only by the fear of punishment and the hope of prize. Thus Confucianism has contributed to human morality and social harmony by stressing the moral need of human beings and the optimistic trust into in their education. The priority of the principle of conscience on the principle of authority had been expressed by Confucius: The Master said, "If the people be led by laws, and uniformity sought to be given them by punishments, they will try to avoid the punishment, but have no sense of shame. If they be led by virtue, and uniformity sought to be given them by the rules of propriety, they will have the sense of shame, and moreover will become good." 子曰：「道之以政，齊之以刑，民免 而無恥；道之以德，齊之以禮，有恥且格。」 This article has been produced in the ambit of my research project on the representation of emotions and states of mind in late imperial China. It is a preliminary survey on a few aspects of a more complex question on the concept of self.