#202 The Legalists: Shang Yang and Han Feizi

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.

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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