Legalism...?

Question

Legalism under the Qin?
what is legalism? what was the philosophy formed?
how does this code/philosphy reflect the rulers who created it?
would you want to live under legalism? why or why not??

Answer 1

Legalism was the central governing idea of the Qin Dynasty, culminating in the unification of China under the 'First Emperor' (Qin Shi Huang). Legalist thought has often been compared to the work of Italian political writer Niccolò Machiavelli and the Arthashastra of Kautilya.

Legalism was first created by Shang Yang. Hired by the then Duke Xiao of Qin, his task was to change Qin from a backward weak state to an advanced and strong one. Shang Yang made many reforms to the state, one of the most important ones would be the advance of rank, the stripping of nobility rank and laws to make both the aristocrat and common people equal. Such reform had been the advocate of a centralized system. The state of Qin may had been the first state in the world to have a central government.

Law was used to create paradox by which the Emperor's agents could then pick and choose what law would be enforced. The "art" (Shu) was in the clever excess of laws created, which, though individually simple and clear, created a framework where mere accusation would find most anyone of any station in violation of something, with their innocence difficult if not impossible to prove. Here the "special tactics" came to bear, as selective enforcement ultimately occurred at the pleasure of the Emperor. Power was expressed as much by prosecution of the law as by selection of which law to prosecute, and by the absence or cessation of prosecution due to yet another contravening law. Here the mystery of the Emperor's pleasure was communicated to the masses. Even those who wielded power on behalf of the Emperor were subject to the pernicious web woven under this doctrine of Legalism. The motivation of the Emperor was hard to know, as submission to one law readily brought one into conflict with another. Thus, only the Emperor was perfect. The controlling advantage was ever in the hands of the Emperor, who would always control the choice (or creation) of the final law to be brought to bear upon any situation.

The role of the ruler

Primarily members of the ruling class, the Legalists emphasized that the head of state was endowed with the "mystery of authority” (勢 shì), and as such his decisions must always command the respect and obedience of the people. The emperor’s very figure brought legitimacy. In emphasizing the power of ruler-ship, Legalists such as Shen Dao (ca. 350-275 BC) and Shen Buhai sought to devalue the importance of the charismatic ruler. Skillful rulers hid their true intentions and feigned nonchalance. To ensure that all of his words were revered, the wise ruler kept a low profile. Thus, theoretically, by cloaking both his desires and his will, the Emperors checked sycophancy and forced his subject to heed his dictates. While Shang Yang (the Prime Minister of Duke Xiao of Qin) would allow rulers to listen to musical instruments rather than focus on foreign policy, Han Feizi (the Legalist scholar most admired by the First Qin Emperor, Qin Shihuangdi) demanded more of the wise ruler. A good leader, by Han Feizi's standards, must not only accept the advice of loyal ministers when shown to be in error, but must also extend courtesy to those beneath him and not be too avaricious. The adept ruler also understood the importance of strictness over benevolence. Although the ruler was expected to be paternalistic, the Legalists emphasized that being too kind would spoil the populace and threaten the state's internal order. Interestingly, according to Han Grand Historian Sima Qian (ca. 145-86 BC), while the First Qin Emperor hid himself from the rest of the world (perhaps due to a desire to attain immortality) and thus maintained a low profile, he did not necessarily follow all of the Legalists’ advice on the role of the ruler.

Power politics between the philosophies

Most Chinese philosophers and political thinkers have had very negative views toward Legalism blaming it for what today would be considered a totalitarian society. Many Chinese scholars believe that it was a reaction against legalism that gave Chinese Imperial politics its personalistic and moralistic flavor rather than emphasis on the rule of law.

However, this view of the Qin may be biased, as most of the Chinese historical records were written by Confucian scholars, who were persecuted under the Qin.

Answer 2

Legalism is the belief in the rule of law, and that laws should be respected and followed even if you disagree with that.

I'd much rather live under a system where the rules of conduct are clearly defined (and written down), rather than having to guess what any given group of people would consider acceptable.