sábado, 12 de febrero de 2011

Legalism - 法家

The Legalist school most famous proponent and contributor was Han Fei Zi (韓非子) who proposed the following three tools for a ruler to govern his subjects:

Fa 法; literally "law or principle": The law code must be clearly written and made public. All people under the ruler were equal before the law. Laws should reward those who obey them and punish accordingly those who dare to break them. Thus it is guaranteed that actions taken are systematically predictable. In addition, the system of law ran the state, not the ruler, a statement of rule of law. If the law is successfully enforced, even a weak ruler will be strong.

Shu 術; "method, tactic or art": No one can fathom the ruler's motivations, and thus no one can know which behaviour might help them getting ahead; except for following the 法 or laws.

The Legalists emphasized that the head of state was endowed with the "mystery of authority” and as such his decisions must always command the respect and obedience of the people. The state (country) comes first, not the individual. The emperor’s very figure brought legitimacy. In emphasizing the power of rulership, Legalists 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.

Shi 勢; "legitimacy, power or charisma": It is the position of the ruler, not the ruler himself or herself, that holds the power. Therefore, analysis of the trends, the context, and the facts are essential for a real ruler.

One of the first adopters of Legalism was the statesman Shang Yang who advocated the belief that all people are fundamentally flawed and humanity was selfish and evil, therefore harsh punishments are required to keep them in order. Shang Yang became prime minister of the Qin and transformed the state into a vigorously regulated machine, the sole purpose of which was the elimination of all rivals. Shang Yang swept away the aristocracy and implemented a meritocracy – those who achieved could reach high places and birth privilege was reserved exclusively for the ruler of the state. Previously the army had been controlled by nobles and constituted of feudal levies. Now generals could come from any part of society, provided they had sufficient skill. In addition, troops were highly trained and disciplined. In this way Qin become the most powerful state in China before it eventually brought all of the six other states together (Qi, Chu, Han, Yan, Zhao, and Wei) under Qin Shi Huang, the first emperor of a unified China.

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