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#202 The Legalists: Shang Yang and Han Feizi

9/23/2017

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Presentation:
  • James Albanese’s presentation on Han Feizi (韓非子).

Background:
  • You can see from the Axial Age in Chinese History timeline (PDF) that Shang Yang (商鞅, referred to in Ebrey as Lord Shang) was born before Zhuangzi (莊子) and died during his lifetime. Han Feizi was born six years after Zhuangzi’s death.
    • Generationally, they would be approximately the same age as Confucius’s grandchild and great-grandchild.
    • Together, foundations of what would become the Legalist school (Fajia 法家).
  • ​This was the latter half of the Warring States period (戰國時代 475-221 BCE):
    • Peripheral states aggressively consolidated power on the North China plain. Qin emerged gradually as the most powerful of these states.
    • States headed increasingly by “kings” who renounced their allegiance to the Zhou.
​
Picture

Discussion:
  • Based on your reading of Wills . . .
    • Which of the reforms initiated by Shang Yang  do you think were most significant? Why? (Hint: consider the broad categories of central control, standardization, meritocracy, and extraction).
      • How do these measures compare to the suggestions laid out by Confucius or Mozi?
    • What do you think the stories in Wills about scandal surrounding the ascension of Qin Shihuangdi (秦始皇帝) as emperor tell us about the structure of political power in early China?
  • Based on your reading of Ebrey . . .
    • Why does Lord Shang argue that “The wise person creates laws while the ignorant are controlled by them; the worthy alter the rites while the unworthy are held fast by them"? How might Confucius respond to Lord Shang's assertion? Which side do you find more convincing? Why?
    • Why might political leaders have found Han Feizi  appealing?

Application: The Hotchkiss Law Code

Examples from Qin law code:
  • “Suppose A stole an ox when he was only 1.4 meters tall, but after being in detention for a year, he was measured at 1.57 meters [i.e. adult height]. How is A to be sentenced? He should be left intact and made a convict laborer [the lower penalty].” (Ebrey, 52)
  • “Suppose A ran away from her husband and married B, who had also run away, without telling him [that she had a husband]. Two years later, after she had borne children, she told him, but he did not repudiate her. After they are caught, what should the sentence be? They should be tattooed and made convict laborers.” (Ebrey, 52)

Activity:
  • In groups of 2-3, identify 3 rules you would make at Hotchkiss to better align to legalist principles.
  • ​Justify your changes in relation to specific textual support from Ebrey (32-37). Be sure to explain how that textual evidence supports your proposed rules.

Homework: Assignment #203
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  • Courses
    • HS150 Global Thinking >
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      • HS150 In-Class
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    • Archived Courses >
      • Chinese History >
        • Ancient/Early Modern: Living China's History >
          • Living China's History (fall 2017) >
            • Course Information
            • Course Project
            • In-Class
            • Assignments
          • Living China's History (fall 2018) >
            • In-Class >
              • The Death of Woman Wang
            • Assignments
        • Modern: China's Fall and Rise >
          • China's Rise and Fall (spring 2019) >
            • Course Info
            • In Class
            • Assignments + Units
          • China's Fall and Rise (spring 2018) >
            • Course Information
            • In-Class
            • Assignments
        • Contemporary: Thinking about a Changing China >
          • Thinking about a Changing China (spring 2017) >
            • Course Information
            • In Class
            • Assignments
      • Japanese History >
        • Japan's Empire and its Legacies (fall 2016) >
          • Course Information
          • Daily Review
          • Schedule >
            • JE Unit 1
            • JE Unit 2
            • JE Unit 3
            • JE Unit 4
            • JE Unit 5
            • JE Unit 6
          • Research >
            • Issues of History
            • Research Schedule >
              • Checkpoint #2: Annotated Bibliography
              • Checkpoint #3: Outline
              • Checkpoint #4: Supplemental Pages
      • U.S. History >
        • Humanities History (2017-18) >
          • Course Information
          • In-Class
          • Assignments
        • Humanities History (2016-17) >
          • Course Information
          • In Class
          • Assignments >
            • U1: The American Revolution & the Constitution
            • U2: Defining the Nation
            • U3: 19th Century Social & Cultural Transformations >
              • Cemetery Project
            • U4: A House Divided
            • U5: Industry & Empire
            • U6: Progressive Promise & Disillusion
            • U7: Global Conflicts
            • U8: Civil Rights & Human Rights
      • More Course Descriptions
  • Skills
    • Reading >
      • Active Reading
      • Advanced Reading Strategies (Upper Mids and Seniors)
      • Outlining for Reading
      • Primary, Secondary, and Tertiary Sources
      • Analyzing Primary Sources with SOAPSTone
      • Analyzing Visual Primary Sources
      • Selecting & Evaluating Secondary Sources
    • Thinking >
      • What is History?
      • Historical Thinking Chart (PDF)
      • Breaking Down History with the SPICE Factors
    • Discussing >
      • Engaging in Class Discussion
      • Evaluating Discussion
    • Researching >
      • Identifying Research Topics & Questions
      • Note Cards
    • Writing >
      • Zero Draft
      • Thesis Statements
      • Forming Counterarguments
      • Formatting Chicago-Style Papers
      • Ford Library Guide to Chicago-style Citations (PDF)
    • Tech Tips
  • Reference
    • Chinese History Tools
    • Further Reading in Asian Studies >
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      • News
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