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The pros and the cons of legalism
Legalism significance
How did legalism influence the world
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Legalist was first proposed by a Qin statesman named Shang Yang and developed by the philosopher Han Feizi who had a big influence during the Warring States Era of China. Legalist played a very important role in ancient China history and Legists believe that human beings are more inclined to do wrong things than right things because they are motivated entirely by their own benefits. It had a positive influence but its development during the Qin Dynasty resulted in “burning of books” which is a disaster for Chinese culture. So the question is: Are there more advantages than disadvantages of Legalist theory’s growth?
The benefits of Legalist can be discussed in various ways. Legalist states that human beings were born evil because they are inherently selfish. No one will concern for others more than
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The most infamous one should be the “burning of books”, it is also called “burning of books and burying of scholars”. Because of the outstanding role that Legalist played during the unification wars. Ying Zheng decided to keep utilize Legalist as the Qin’s guiding ideology. Along with the Legalist’s expansion. Emperor Ying Zheng started to burn the books, many ancient books and records were burnt for good except The History of Qin Dynasty and books on medicine, divination and tree planting, etc. All other schools were considered as “heterodox” at that time. The history event was proposed by Li Si, prime minister of the Qin and he is also a Legist. He stated that all works by scholars of different schools should be burnt; also that those who dare to satiric the rulers will get a death sentence along with their families; and that those who had not burned the listed books within one month will be banished to finish the community service. Because of this event, Ying Zheng and Li Si became the symbol of evil and brutal in people’s mind, which can be a lead of Qin’
Each dynasty had plenty of unique aspects they created. Although many are more well-known than others, not all of them were considered the most effective or beneficial, so not all aspects were continuities. Although many of the changed systems worked at the time, they were not compatible at the time, hence why they had to be altered or defected from. Even though it may not be as apparent as the use of the continued aspects, the abandoned aspects had their uses too. Obviously, the continued features are important because they were used throughout later time periods of China, and some ideas even spread outside of the civilization. However, the less superficial and less easily-recognized importance of the changed features is that they teach why or why not something works. Failure teaches more than any success can, so that is why the trial-and-error of cast-aside ideas is so important. Between the dynasties of the Zhou, the Qin, and the Han, there have been many continuities and changes that have developed across the timeline of
During 221 BC, China went through a time called the Warring States Period. Emperor Shi Huangdi rose to power during this time and defeated his enemies and consolidated rule in China. Emperor Shi Huangdi was the first person to unify China in all of history. The emperor was able to use legalist policies to increases his power over his people. Shi Huangdi philosophy of legalism says that all people are evil, and harsh laws must be made to keep them in line. If people are left alone, they will act badly. During the Warring States Period
As for the political structure the initiation of a legal system was motivated by the fact that they needed a principal role in the religious, economic, and military fields. In having a legal system they were able to distinguish the right from the wrong. Rules and regulations were fixed, the different forms of contracts were deleted, and justice was administered to the markets.
Shanghai in the 19th and early 20th century was a unique city. The combination of its status as an entrepôt, the complexity of its society, and the very existence of the International and French concessions all contributed heavily to the difficulty of protecting law and order within the city. The focus here is on the political and civic; the French Concession is not a major object of concern, as it was subject to many of the same vicissitudes and issues as the International Settlement, and differs only slightly in the path it took to handle them. The factors that most heavily influenced the law and order of Shanghai, therefore, were extraterritoriality, the international settlement and its governing body, and the coexisting criminal justice systems.
There are many Chinese Philosophies within the world, including Confucianism, Daoism, and Legalism, in which they have all originated as a result of the collapse of the Zhou dynasty in China, however, they do not all have the same beliefs.
The "Historical Records," written by Sima Qian, is a historical account which showcases how the corrupted legalist system of the Qin Dynasty led to the loss of the Mandate of Heaven and the fall of the Empire. Qian, who lived during the Han Dynasty, used the example of Li Si, the Chief Minister of the Emperors of the Qin Dynasty, to emphasis the newly accepted Confucian values. It was the shortcomings of Li Si which led to the fall of the Qin Dynasty as well as his own death. However, Qian is careful to note that prior to his downfall, Li Si followed many Confucian values which allowed him to rise up from a commoner to his eventual position as Chief Minister. These dual lifestyles of Li Si, and their respective consequences, in many ways parallels the two systems implemented by the Qin and Han Dynasties. Using the values written in the "Analects of Confucius," the work of Li Si to establish the Qin Dynasty can ultimately be assessed as a failure, due mainly to his weaknesses outweighing his strengths later in his life. Bearing in mind that the "Historical Records" were written with Confucian values as the ideal way of life, it can be seen how Li Si was portrayed as a good advisor for the Qin ruler, but a bad advisor for China.
Confucianism was used by the Han Dynasty, and was far more successful than Legalism for several clear reasons. Confucianism was thought up by a philosopher named Confucius. Confucianism focuses primarily upon leading by example, and respecting basic relationships, such as teacher and student, or ruler and subject. Confucius’s main thoughts were compiled into texts. These texts are what inspired the first emperor of the Han dynasty to adopt the philosophy. The Han dynasty lasted for almost four hundred years, and most historian’s think that it was how the dynasty was governed that made them so successful.
As for the precondition of the Legalists’ thoughts, there are a few fundamental premises or judgments that we can find from the texts. As an independent school of thoughts in order to distinguish itself among all Hundreds of Schools and set aside all past ideals and standards, the Legalists, first of all, believed in the inevitability of a constant change in society. As noted by Han Fei (d.
Legalism was practical and ruthless. Legalists did not concern themselves with ethics, morality, or propriety, but with harsh and mutual punishments. When Judge Dee was questioning Hsu Deh-tai about the secret passage and Hsu was denying it all, Judge Dee gave him cruel torture. "The judge then ordered the constables to give Hsu Deh-tai fifty lashes with the thin rattan. They tore Hsu 's robes from his back, and soon the rattan swished through the air. Long before the number fifty was reached, blood streamed from Hsu 's back, and his screams resounded through the hall." (193) Hsu would not confess and that is when Judge Dee got upset and powerfully yelled,
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
At the end of the Zhou Dynasty or the Warring states period , of the surving few big states in the land, the Qin dynasty became the most powerful. Once the Qin emperor conqured all the kingdoms he wanted to maintain absolute power, The emperor, Shih Huang Ti, was determined to be an absolutist ruler and opposed to writings on good government such as those in the Classics. In 213, it is believed, he ordered the burning of all texts that appeared threatening to him. A period infamously referred to as the “Burning of the Books.” It was a dark time for Chinese scholars. The emperor destroyed a lot of literature and he reduced the one hundred school of thoughts to one that which he approved.
For example they may consider lying to be worn, but in the instant of someone asking where there family was with intern to kill them, lying would be seen as morally right in order to save there family. Therefore the flexibility of this theory allows people to not be tied that to a particular set of rules, and allows people to in a sense think for themselves and have ultimate autonomy. Autonomy being a important right may believe everyone should have, in this case this theory could be considered best because it gives people complete autonomy in a sense.
...nd the legal positivist approach has come to be the satisfactory for the meanwhile. But as it stands that question still has room for improvement, but maybe more so the question of legal positivism has a need for revision. Plenty of legal positivist have reach their own consensus, formed their own factions, and possibly escaped the two main forms of debates, but I feel legal positivist discussion can be aided simply by time, trial and error. As the world becomes more connected and new nations are formed, additional theorist will approach the debate. In time they will need to craft their own augmentations to the discussion, and develop their own legal systems. Inevitably we will see a continuing stream of knowledge contributing to the comprehensive debate, answering questions with an entirely different perspective, independent on dominating themes present today.
If medication heals one's corporeity, then law is the medicine for society, maintaining the process of societal order. If religion rectifies one's soul, then law is the religion for society, shaping people's morality and leading to a harmonios society. Law is the "operating system" shaping the society! But is also influenced by people, politics, and social institutions, therefore reflecting the society as a whole! The diverse and multifaceted nature of law, but also it's inseparable relationship permeating almost all aspects of the society attracts and induces me to study law at degree level.
6. Moral legalism is somewhat of an anal approach to a situation. There is no reasoning involved. If it goes against a right, it is automatically dismissed. One problem is moral legalism does not accept exceptions to rules; But in fact, there are exceptions to rules. Therefore moral legalism presents a conflict.