The [Not So] Hidden Curriculum of the Legalist State in the Book of Lord Shang and the Han-Fei-Zi

Abstract

This paper draws some parallels between the experience of a subject in a socalled "Legalist" state with that of a contemporary student in Western schooling today. I explore how governance in the Book of Lord Shang and the Han-Fei-Zi can be interpreted as pedagogy. Defining pedagogy in a relatively broad sense, I investigate the rationalizations for the existence of the state, the application of state mechanisms, and even the concentration of the ruler's power and how they teach subjects habits, attitudes, and sensibilities in a similar fashion to what Philip Jackson called the "hidden curriculum". Through his framework of "crowds, praise, and power" this paper will explore how governance teaches and what those subjected to it learn. This study also attempts to provide some insight into the usefulness of approaching "Legalist" texts with a positive sociological lens.

The political initiative of Taiwan’s education for sustainable development: Looking through the lens of Chinese legalism

“…This positional power provides the EPA with the authority to apply fa (e.g., the Environmental Education Act to define the standards for sustainable behavior) and shu (e.g., monitoring performance through a rewards and punishment system) to deliberatively manage the process of policy enforcement within government units, government-funded organizations, and K-12 schools. This analysis supports King's (2018) and Peng's (2000) assertions that Chinese Legalism can be used as a heuristic tool to explore modern legislative practice in East Asia and possibly other countries.…”