Introduction

Ancient China was made up of different states. For a time, they were controlled by the Eastern Zhou dynasty. Around 475 BCE, the dynasty lost its control. This marked the beginning of the Warring States period. Almost 100 small states began fighting one another. Many states survived this period of conflict. However, seven large states had the most power. Among these were the Qin and the Han.

The Warring States period lasted about 300 years. The battles changed how people viewed human nature. Many people believed that humans were selfish. They needed tough laws to keep them under control. A group of leaders came up with a new idea for government. It was called legalism.

Legalism was a system of tough laws. It created punishments and rewards for certain behaviors. Leaders believed that legalism would make the state stronger. They felt that if people followed these rules, then the state would be strengthened.

Legalism became important following the Warring States period. The Qin tried to create order in this time of war. The state had two different kinds of leaders. There were legalists, and there were Confucianists. Confucianists were more peaceful. They believed there would be order if everyone lived by a code of conduct. They wanted people to respect one another. Legalists also wanted to create order. However, they thought this could only be done through tough laws.

The founders of legalism

Shang Yang was one of the early philosophers of legalism. He reorganized the Qin state under the leader Duke Xiao. Shang Yang divided the Qin area into different regions. Each one had its own governor.¹ Shang Yang set up a new system for paying taxes. He also required people to join the army. His biggest achievement was making a tough legal code. It was designed to make the people fear him. Eventually, Shang Yang fell out of favor with Duke Xiao. The Qin leader had him killed.

Han Feizi wrote a series of essays on legalism. They became a guide for Chinese rulers. Han Feizi believed that tough laws were important. Strong leaders needed to make sure people followed them. Han Feizi worked as an official for the Han. One day, the Qin leader attacked the Han. The Han leader sent Han Feizi to make a deal with the Qin. Han Feizi ended up staying at the emperor’s court. His teachings became influential in the principles of legalism. Here are two brief excerpts from his work that demonstrate those principles:

On Having Standards: “In our present age he who can put an end to private scheming and make men uphold the public law will see his people secure and his state well ordered; he who can block selfish pursuits and enforce the public law will see his armies growing stronger and his enemies weakening. Find men who have a clear understanding of what is beneficial to the nation and a feeling for the system of laws and regulations, and place them in charge of the lesser officials; then the ruler can never be deceived by lies and falsehoods. Find men who have a clear understanding of what is beneficial to the nation and the judgment to weigh issues properly, and put them in charge of foreign affairs; then the ruler can never be deceived in his relations with the other powers of the world…”

On Wielding Power: “The ruler does not try to work side by side with his people, and they accordingly respect the dignity of his position. He does not try to tell others what to do, but leaves them to do things by themselves. Tightly he bars his inner door, and from his room looks out into the courtyard; he has provided the rules and yardsticks, so that all things know their place. Those who merit reward are rewarded; those who deserve punishment are punished. Reward and punishment follow the deed; each man brings them upon himself. Therefore, whether the result is pleasant or hateful, who dares to question it? When compass and rule have marked out one corner of truth, the other three corners will become evident of themselves.”

Han Feizi showed a strong leader can establish order and create wealth and success. Laws are important and benefit all people. But these laws must be clearly written and strongly enforced. Society must also be taught to obey the law.

Han Feizi did not meet a good end. Qin leader Li Si imprisoned Han Feizi. Li Si was jealous of Han Feizi’s knowledge and skills. He feared Han Feizi might take over his position at court. So Li Si ordered Han Feizi to drink poison, killing him.

Li Si (c. 280-208 BCE) became the leading legalist philosopher. He implemented the ideas of the legalists across the growing Qin state. His achievements include the construction of the Great Wall to protect against invaders. He also helped create a universal system of writing. But Li Si was critical of Confucianism. This created conflict with Confucian scholars. Confucianists argued that people could be taught to follow order through culture. Legalists believed in strict laws and force. At one point, Li Si prohibited history education. He called for the burning of books. This increased the conflict between legalists and Confucianists.

Legalism lost its popularity by the beginning of the Han Dynasty. The Han emperor preferred Confucianism to legalism. He kicked out all followers of the legalist philosophy from the government. Most people did not believe legalism would last.

1 A feudal system of government was set up so that a ruler or aristocrat would exchange land for services from lower classes of citizens. These services included military protection or food. Each person in the system would benefit. However, these benefits could be unequal.