The Legalism of Han Fei-tzu and Its Affinities with Modern Political Thought

Moody, Peter R.

doi:10.5840/ipq197919317

Cited by 12 publications

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“…20 20 Peter Moody has examined the exaltation of the public at the cost of the private in the Hanfeizi . He claims that “the point of Legalism is the power of the state, not the private advantage of the ruler” (1979, p. 329). For Philip Ivanhoe, “in the end, the ruler is reduced to being a kind of phantom oiler of the vast state machinery” (2011, p. 41).…”

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Amoralism in theHanfeizi

Escoffier

2024

Philosophy Compass

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This article surveys three possible ways to assess morality in the Hanfeizi. The first is the “traditional” outlook, according to which Han Fei disregards all moral considerations in politics. The second acknowledges the presence of moral questions in the text but maintains that it ultimately promotes amoralism as an essential feature of the Legalist state. A (less common) third way is to say that there is a moral core to Han Fei's political philosophy. I will defend the third way, which shifts the perception of the Hanfeizi from a mere manual of political manipulation to a comprehensive ideal vision for the world. This interpretation necessitates a recognition of how political morality can coherently exist alongside an apparent divide between private ethics and political action. This is something that those seeking more systematic forms of ethics in the Hanfeizi might overlook.

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Amoralism in theHanfeizi

Escoffier

2024

Philosophy Compass

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Han Feizi

Harris¹

2019

The International Encyclopedia of Ethics

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Han Feizi was the last great philosopher of China's Warring States period and traditionally has been characterized as the synthesizer of legalist thought, which is often described as an amoral, totalitarian political vision aimed at consolidating and increasing the ruler's power. While he expands the ideas of earlier legalists and argues against the morality‐based political visions of Confucians, Daoists, and Mohists, his focus is on ideas that work, regardless of source. Han Feizi develops an amoral political realism arising from his understanding of the realities of the natural world and human nature and argues for the development of a strong, stable, and well‐organized bureaucracy, an inviolable legal code, and the rejection of virtue‐based politics. His goal is to create a system that doesn't rely upon the wisdom, talents, character, or characteristics of any particular individual but is rather a mechanistic leviathan requiring little in the way of active attention.

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Han Feizi’s Thought and Republicanism

Elstein

2011

Dao

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HAN Feizi's philosophy is usually represented as an amoral autocracy where the ruler is the sole political power and runs the state by controlling the people through rewards and punishments. While his system is formally autocratic, this article argues that the purpose behind this system bears some similarity to the republican political ideal of non-domination. In this interpretation, HAN Feizi makes the ruler the sole power to mitigate the danger of the state being dominated by ministers. He does not employ republican institutions, but attempts to discourage the ruler from using his power capriciously in order to increase order and security in the state, which are his ultimate political values. HAN Feizi is not a republican, but this similarity suggests that when revised for today's very different circumstances, HAN Feizian philosophy's focus on impartial law can make a contribution to contemporary Chinese political thought.

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The Legalism of Han Fei-tzu and Its Affinities with Modern Political Thought

Cited by 12 publications

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Amoralism in theHanfeizi

Amoralism in theHanfeizi

Han Feizi

Han Feizi’s Thought and Republicanism

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