Legalist Perspective Of Legalism

In contrary to its contemporary antagonist philosophical schools, who advocate the practices of humanness and the rightness and set ideal of the past, the Legalists, in their complete rejection of the traditional ethics, embraces the efficacy of political power and uphold a society of laws and punishments. As the old feudal states decayed and the smoke of endemic warfare suffused, the need for a more rational government that can afford greater centralized power so as to strengthen a state against its rival increased substantially among the Warring States. Such a rising urge necessitated the emergence of the Legalists and further predetermined the Legalists’ inherent nature – realistic, totalitarian and problem-solving – which, with the realization

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. 233 B.C.E.), “past and present have different customs”(101); at a “critical age” of the chaotic Warring States, “to try to use the ways of a generous and lenient government to rule the people,” is like trying to “drive a runaway horse without using reins or whip” (101). As a public defiance of the past, this fundamental believe in a changing world clearly draw the boarder between the Legalists and other schools headed by Confucianism, which was confirmed by Han Fei: “it is obvious that humaneness cannot be used to achieve order in the state” (102). It is not clear at this point whether it is rational for the Legalists to conclude that Confucianism is of no use to be applied in the current society. However, we should be able to say, as has been proven throughout the history, that Legalists were correct on their firm believe in change-to-fit. More importantly, those ideas had opened up the space for the Legalists to apply further

Holding such a point and in their general rejection to the Confucianism, the Legalists are in another way implying that Confucianism thoughts could make people stronger intellectually. The reason why the Legalists would rather prefer weaker people is that they believe the sophistry of philosophers would bring confusion, idleness to the people. This is however never well proved in the text. Han Fei also pointed out that: “the way of enlightened ruler is to unify the laws instead of seeking for wise men, to lay down firm policies instead of longing for men of good faith”