Chinese Language and Culture
Thursday, November 29, 2012
Sunday, October 21, 2012
Confucianism 儒家
Religion and philosophy in China
From a religious point of view, Chinese civilization has always been characterized
by its eclecticism, that is, Chinese people have been accumulating different philosophical
and religious concepts throughout the centuries without any need to abandon the
ones that existed previously. Hence, this eclecticism has led to an amalgam of
different philosophical and religious concepts from different sources (Confucianism,
Taoism, Buddhism, Chinese cosmology, etc.), which in China is known as popular
religion.
Historical Context
The main schools of thought that have influenced China so profoundly
such as Confucianism or Taoism, they first appeared and developed during the
second half part of the long-lasting Zhou dynasty. Historians usually split
this period into two other periods: Spring and Autumn period (chunqiu 春秋 722-481 BC) and Warring States
period (zhanguo 战国 481-221 BC).
For many centuries the Zhou dynasty kings had achieved to maintain
order, peace and harmony in their government that was composed of different
feudal states which were loyal to the central power of the Zhou family. Zhou
family, who had overcome the Shang dynasty and seized power, created a new
concept which justified the usurpation of power, the concept of the Mandate of
Heaven (Tianming 天命 ). According to the Mandate of Heaven, a despotic dynasty which hadn’t
run the State properly and had been cruel to people, could lose the favour of
Heaven and be overthrown. This loss of power could be preceded by certain signs
that announced a change of dynasty such as natural disasters (droughts, floods,
earthquakes), unproductive harvest seasons that followed periods of hunger,
which in turn led to popular rebellions which finally overthrew the reigning
dynasty.
The Hundred Schools of Thought or Zhuzi
baijia 诸子百家 appeared at the end of the Spring
and Autumn period as a response to the political crisis that was suffering
China in that period. The alliances that ancient sage Zhou kings had once
forged had brought centuries of prosperity, peace and harmony in society.
However, in the Spring and Autumn
period this ancient loyalties and alliances began to crumble progressively
until it led to a permanent state of war between neighbouring states which
fought for the sake of usurping the territories and resources of the other states
(Warring States period).
Among all the schools of thought that appeared in the Spring and Autumn period, only a tiny
portion of them survived (Confucianism, Taoism, Legalism, Mohism…). The fact
that the Hundred Schools of Thought appeared was due to the fact that new
answers and solutions were needed to deal this the problems of that period,
specially stressing the relation between men and the Cosmos (Taoism); the
relation of men, family, monarch and ancestral traditions (Confucianism) or men
and their relation with the State and its laws (Legalism).
Confucianism
Confucianism, which in China is called rujia 儒家, was the main ideology of imperial China since the instauration of the Han dynasty in 206 BC. Confucius and his
disciples strongly supported the model of government created by the founder
kings of the Zhou dynasty. The Mandate of Heaven (Tianming天命) was the main core of this
model of government which was structured like a big family, that is, it was a
hierarchical pyramid structure of family lineages on the top of which there was
the monarch or Son of Heaven (Tianzi天子). In this kind of social and political organization, the cult of
ancestors was really important because it was thanks to the ancestors power had
been transmitting generation after generation throughout the centuries. The
monarch had to worship his royal ancestors in the same way as the male members
of each family had to worship their respective ancestors. The cult of ancestors
is an ancient tradition that probably dates back from the origins of the
Chinese civilization which nowadays is still practiced, especially in rural
areas. Hence, we could assert that the cult of ancestors is the true and
original religion of Chinese people, though many elements from different
sources (Taoism, Buddhism, etc) have also been incorporated to this cult throughout
the centuries.
Confucius
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| Confucius 孔子 |
Confucius or Kong Zi 孔子 (as known by Chinese people) was a man who
lived between the 6th and 5th Centuries BC. He was probably
contemporary with Siddharta Gautama (Buddha) and Socrates. Confucius was born
in the small kingdom of Lu, situated in the present day province of Shandong. When
he was very young, Confucius already had a great knowledge of Chinese Classic
Books and he had a growing interest in Chinese ancient rites.
Confucius, who lived in the Spring
and Autumn period, was deeply upset because of the political crisis of his
country and hence he believed that it was necessary to regain the morality and
traditions of the past. Confucius compiled all the precepts and rituals of the
past because he considered that Chinese remote antiquity was a golden age in
which its sage kings had governed properly. Confucius thought that it was necessary
to emulate the example of the ancient kings’ rule.
Confucius never invented any philosophical or political theory but he
recompiled and spread the traditions of ancient Chinese times which he
considered to be magnificent. In fact Confucius said about himself that he had
never invented anything, his only wish was to transmit the ancient traditions
that were written on the Chinese Classical Books.
VII-1 Confucius said, “I transmit but do not innovate randomly. I am so
faithful to and so fond of ancient culture that privately, I compare myself to
Lao Zi and Peng Zu.”
(Analects of Confucius)
Confucius said that the kings of his time acted out of self-interest and
didn’t care about the welfare of society as the ancient kings did. According to
what Confucius said, these ancient sage kings had benevolence 仁 (pronounced ren). This term is the core value of
Confucianism and this is precisely what Confucius urged everyone to pay
attention to. The word ren expresses
the virtue of fulfil one’s moral duties with the rest of society. In fact, if
we analyze the character 仁 (radical : person 亻and number two 二) it expresses quite clearly the meaning of this word,
that men are not alone in society and hence the importance of people behaving
properly. According to Confucius’ teachings, the proper behaviour was that
people’s conducts fitted the ancient rituals (good conducts for life in
society) which were written in the ancient Chinese Canons. When people are
benevolent, life in society is harmonious, people feel empathy for each other
and they respect each other.
VI-30 Zi Gong asked, “What do you think of one who can bring bountiful
benefits and better life to all the people? Is he benevolent?”
Confucius answered, “Far more than benevolent, he would be a sage for
whom Yao and Shun (two ancient sages) would be no match. A benevolent man is
one who helps others establish what he himself wishes to establish, helps
others achieve something he wishes to achieve. To be capable of treating others
as one would be treated oneself is the best way to be benevolent.”
XII-2 Zhong Gong asked what benevolence was. Confucius said, “Deal with
your work as earnestly and conscientiously as you receive a distinguished
guest; call up the common people for corvée labour as cautiously as if you were
at a sacrificial ceremony; never impose upon others what you dislike yourself.
By so doing, you will cause no resentment anywhere you go.” Zhong Gong said, “I
will follow what you have said even though I am not gifted.”
(Analects of Confucius)
Because of the fact that Confucius lived in a time of profound lack of
unity and military confrontation between the different Chinese states, he
decided to go from court to court struggling to teach monarchs and influential
people, urging them on the good conducts of people and good government.
However, Confucius never succeeded in his dream of pacifying his country and
convincing the rulers of his time to govern according to the rule of the
ancient sage kings. Hence, he decided to offer his services as a teacher of
anyone who wished to learn from him. Among his disciples there were rich and
noble men as well as poor and humble men, but Confucius never made any distinctions
because he was in favour of an education without any distinction of social
classes. In fact, Confucius firmly believed that belonging to nobility wasn’t
any guarantee of being a gentleman or a junzi
君子. According to Confucius, a junzi was a man who didn’t act out of
self-interest, but someone whose life was guided by a determined moral and
ethic rectitude. A junzi was a
virtuous and benevolent man and this condition wasn’t inborn, people who wanted
to achieve it had to work hard at it, and had to study the Chinese Classic
Books and put into practice the teachings that were written in there, because those
books accumulated all the wisdom of the ancient kings.
IV-10 Confucius said, “In dealing with the world, there are no definite
rules as to how things should be done. A gentleman simply does things according
to the actual situation.”
IV-11 Confucius said, “While the gentleman cherishes virtue, the petty
man cherishes his native place; while the gentleman cherishes the law, the
petty man cherishes his self interests.”
IV-12 Confucius said, “One will incur ill will if one does things to
one’s own interest.”
IV-16 Confucius said, “The gentleman sees righteousness; the petty man
sees profit.”
VII-37 Confucius said, “A gentleman is always broad-minded while a petty
man is always full of anxiety.”
XIII-26 Confucius said, “A gentleman always keeps even-tempered without
being arrogant while a petty man is arrogant without being even-tempered”.
(Analects of Confucius)
According to Confucius, family was the most important thing in society
and was the perfect form of government. In
the same way a father loves his son, and the son loves, respects and obeys his
father (filial piety); a ruler and his subjects should behave in the same way,
that is, if a ruler was benevolent to his subjects and provided them welfare,
his subjects would benerate him and obey him. In short, Confucius believed that
the state was just an extension of the family and, therefore, if all families practiced
the filial piety, its resulting benefits would also reach the Govern.
II-20 Ji kangzi (Jisun Fei, then a minister of Lu) asked, “What can I do
to make the people respect and be loyal to their superiors and try their best
in service?” Confucius said, “Be upright in their presence, and they will hold
you in respect; be filial and benevolent, and they will be loyal to you; use
the righteous and instruct the unqualified, and they will try their best in
service.”
II-21 Someone asked Confucius, “Why don’t you participate in government?”
Confucius answered, “In The Book of Historical Documents, we read, `Be filial
to your parents and love your brothers.´ If I am able to influence government
by spreading this idea, then I am actually involved in government. What is
meant by participating in government if you think what I am doing has nothing
to do with government?”
(Analects of Confucius)
Confucius thought that a good government could only be achieved if
everyone accepted his social rank within society acting and behaving in
accordance with his social position.
XII- 12 The Duke Jing [Ching] of Qi {Chi], asked
Confucius about government.
Confucius replied, 'There is government, when the
prince is prince, and the minister is minister; when the father is father, and
the son is son.'
'Good!' said the duke; 'if, indeed; the prince be not
prince, the minister not minister, the father not father, and the son not son,
although I have my revenue, can I enjoy it?'
(Analects of Confucius)
What Confucius said in this last paragraph is that if nobody fulfilled
his function within society and government in a proper way, no matter if there
was plenty of resources in the state, many people wouldn’t have access to them because
of the greed of others who would take away what doesn’t belong to them.
Confucius never focused much attention on the metaphysical problems of
life. His only wish was that men’s lives reached a high degree of perfection
within family, society and government. In fact, in one of the chapters of the
Analects, Confucis is asked about death and spirtits by one of his disciples,
but Confucius says:
XI-12- Ji Lu asked about serving
the spirits of the dead. The Master said, “While you are not able to serve men,
how can you serve their spirits?” Chi Lu added, “I venture to ask about death?”
He was answered, “While you do not know life, how can you know about death?”
(Analects of Confucius)
Confucius didn’t focus his attention on the good or evil nature of men
either, that is to say, if men tended to be good or evil in an inborn or
natural way. However, two of his most brilliant disciples, Mencius (Meng Zi)
and Xun Zi, focused their attention on these kind of matters and they had two
opposed opinions. Mencius who was very optimist about the nature of mankind
thought that men were good by nature. Xun Zi, on the other hand, was very
pessimist or realistic and believed that men were evil by nature, hence the
importance to educate them in order to lead them in the right direction.
Documentary About Confucius
Excellent Lecture About Confucius
Excellent Lecture About Confucian Society
Movie About The Life Of Confucius
Taoism 道家
Philosophical Taoism or Daoism (transcribed according to the rules of
the Chinese phonetic transcription system of pinyin) was a school of thought
contemporary to Confucianism. This school of thought was represented by three
men whose works have become the trilogy of Taoism. The first one was Lao Zi 老子, a semi
legendary character who was supposed to write down the book of Tao or Dao de jing 道德经. The second
one was Zhuang Zi 庄子 who wrote a book which bears his name, and Lie
Zi 列子, author of
the Classic of the Perfect Emptiness.
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| Lao Zi 老子 |
The most important concept in philosophical Taoism is the concept of Tao
or Dao 道 which literally
means “way” or “path”. This term is also used in Confucianism, Buddhism and
other Chinese schools of thought though it has different meanings in each one
of these schools of thought. According to Taoism, Dao is an entity that was not
created because it already existed before there was time and space. Therefore,
Dao is infinite and no one can define it nor describe it because it has no
physical features. According to Taoists everything in life is constantly
flowing and changing except the Dao, hence everything in the Universe stems from
the Dao and will ultimately return to
it in an eternal flow.
Vacuity is a very important concept for Taoists who associate it with Dao. Vacuity is something which few
people pay attention to, yet it is really important because it gives sense to
life, not-being gives sense to being.
11.
The Utility of Not-Being
Thirty spokes unite around the
nave;
From their not-being (loss of their individuality)
Arises the utility of the wheel.
Mold clay into a vessel;
From its not-being (in the vessel's hollow)
Arises the utility of the vessel.
Cut out doors and windows in the house (-wall),
From their not-being (empty space) arises the utility of the house.
Therefore by the existence of things we profit.
And by the non-existence of things we are served.
From their not-being (loss of their individuality)
Arises the utility of the wheel.
Mold clay into a vessel;
From its not-being (in the vessel's hollow)
Arises the utility of the vessel.
Cut out doors and windows in the house (-wall),
From their not-being (empty space) arises the utility of the house.
Therefore by the existence of things we profit.
And by the non-existence of things we are served.
(Book
of Tao)
However, according to Taoism, the Dao cannot be named, cannot be delimited because the Dao we are talking about is not the real
Dao, the real Dao is something infinite and
unattainable to human rational knowledge.
1. On the Absolute Tao
The Tao the can be told of
Is not the Absolute Tao;
The Names that can be given
Are not Absolute Names.
Is not the Absolute Tao;
The Names that can be given
Are not Absolute Names.
The Nameless is the origin of Heaven and
Earth;
The Named is the Mother of All Things.
The Named is the Mother of All Things.
Therefore:
Oftentimes, one strips oneself of passion
In order to see the Secret of Life;
Oftentimes, one regards life with passion,
In order to see its manifest forms.
Oftentimes, one strips oneself of passion
In order to see the Secret of Life;
Oftentimes, one regards life with passion,
In order to see its manifest forms.
These two (the Secret and its
manifestations)
Are (in their nature) the same;
They are given different names
When they become manifest.
Are (in their nature) the same;
They are given different names
When they become manifest.
They may both be called the Cosmic Mystery:
Reaching from the Mystery into the Deeper Mystery
Is the Gate to the Secret of All Life.
Reaching from the Mystery into the Deeper Mystery
Is the Gate to the Secret of All Life.
(Book of Tao)
Taoism versus Confucianism
Firstly, the concept of Dao in both Taoism and Confucianism is completely different.
According to Confucians, the Dao is
the way that followed the ancient sage kings. It is their moral and ethics, the
perfection they reach in government. Therefore, the Confucian Dao is something created by men, mankind
is the centre of all things. According to Taoists, however, Dao already existed before the earth and
heaven were created. It is timeless because it has always existed. It is
indefinable, limitless, immutable and empty. Everything in heaven and earth has
stemmed from the Dao and will return
to it time and again.
Confucians valued educations above all, without a
proper education (study of Chinese Classics) men couldn’t perfect themselves.
However, Taoists rejected conventional education and all rational knowledge
because they believed that rational knowledge moved men away from the real
knowledge of nature (the Dao). People
who have education want to define and enclose the world, they want to possess
it, but the only thing they get is the external appearance of things and not
the real nature of things. They only noticed the external features but they are
unable to notice and understand the “whole”. For instance, Confucians believed
that in order to run government and society properly was necessary a
rectification of names, that is, things should be named properly, using names
that really described the real nature of things, and therefore misunderstandings
would be avoided. Taoists, on the other hand, preferred a knowledge that
derived from experience. Knowledge should be free from prejudices. Taoist sages
like observing things as they are, they don’t have any desire to define them
nor possess them because they don’t want to change the natural course of things.
Confucians stressed the importance of rites li 礼. These rites did not only refer to
religious ceremonies and offerings to ancestors, they also referred to human
relationships such as protocol, etiquette and suited behaviour within society.
Nevertheless, Taoists believed that rites are only a convention agreed by men
and therefore they have no value. In fact, they thought that rites corrupt
society and move men away from the real nature of the Dao.
Confucians
believe that family and life within society was the most important. A Confucian gentleman or junzi was a person who professed benevolence ren 仁. His moral and his acts suited what it was prescribed
in the Chinese Canons, that is, his acts were exemplary like the Chinese
ancient sage kings. Taoist sage, on the other hand, preferred to live in a
modest and austere way, he wanted to move away from society in order to be in
perfect harmony with nature and thus to be closer to the Dao. Taoist sage maxim is wuwei
无为 which means “non-doing” or “non-action”. However,
wuwei should not be understood as “not
working” or “not doing anything at all”, wuwei
simply means “not interfering” in the natural becoming of the Universe.
Documentary about Taoism
Dao De Jing 道德经
Excellent Lecture about Taoism
Other videos about Taoism
Legalism 法家
Although
Confucianism and Taoism have been the most representative schools of thought in
China and the ones that have been spread overseas, we cannot underestimate the
importance of a third school of thought that appeared and developed in the same
historical period as Confucianism and Taoism: the legalist school, which in
Chinese is called fajia 法家.
The founders
of this school of thought were Shang Yang 商鞅 (390-338 a.C), Shen Buhai 申不害 (-- 337 BC) and Shen
Dao 慎到 (395-315 BC). Shang Yang was one of the most
important figures in Legalism because he was the first who introduced legalist
reforms in the state of Qin. Thanks to those reforms, the state of Qin achieved
to defeat the rest of states and, its king, Qin Shi Huang, was able to proclaim
himself the first emperor of the unified China in 221 BC.
Nevertheless,
the most representative and important legalist philosopher was Han Fei Zi韩非子 (280-234 BC). Han Fei Zi and Li Si 李斯 (280-208 a.C), who was the prime minister of the emperor Qin Shi Huang
Di, were disciples of the Confucian philosopher Xun Zi 荀子, from whom they learned that all men are born evil and greedy. This
aspect would enormously influence their opinion about men in relation to State
and laws.
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| Han Fei Zi 韩非子 |
Han Fei Zi
wrote a book which bears his name and where he stated his legalist ideas. In
one of the chapters of this book, Han Fei Zi wrote a textual analysis of the book of Lao Zi which is particularly
interesting from the point of view of having a better understanding of the Book
of Tao and its influences on the legalist school, especially on Han Fei Zi.
The Chinese
character fa 法, which means “law”, perfectly describes the essence
of this school of thought. For legalists, the most important of all things was
law, and all citizens of a state had to be subject to the laws except the
monarch. Despite the fact that law codes already existed in China since ancient
times, in ancient times, particularly during the first centuries of the Zhou
dynasty, the sage kings had governed by the power of rites, which was the type
of government supported by Confucius. Governing by the power of rites meant
that there were certain pre-established behaviour codes of conduct which had
their origins in the ancient Chinese tradition. These behaviour codes or codes
of conduct were like a tacit agreement between the monarch and his subjects,
each person had his role within society, his moral duties which had to carry
out in order to maintain social order, peace and harmony within society. The
most important moral duties were:
1.
The cult of
ancestors. This was the core of all Chinese tradition. All men had the moral
duty to worship their ancestors and make offerings in order to pacify their
ancestors’ souls. Thus, the living people would be helped by their ancestors.
2.
Practice
filial piety. All sons had the moral duty to obey, respect and worship their
parents, and never question them even though when parents might be wrong.
3.
Profess benevolence
ren仁 to all the people.
4. Respect
the ancient rites which defined the relationships of people from different
social classes (etiquette, behaviour codes, offerings and ceremonies, etc).
Each individual had to accept his position and his role within society and
carry it out diligently.
In this kind
of government, family and State was the same thing, and in the same way a son
obeyed and worshiped his parents (filial piety), the subjects accepted the
monarch as their ruler, they obeyed him, respected him and worshiped him as if
it was a father. The monarch, in turn, had the moral duty to be benevolent with
his subjects who were loyal to him, he had to make offerings to his royal
ancestors in order to pacify their souls so that they brought good fortune to
the kingdom (to have good crops, to avoid natural disasters and uprisings which
might make the ruler lose the Mandate of Heaven).
In this kind
of government, the law codes had a secondary importance, because the most
important was the moral duty of respecting the protocol codes which were
established between the different social strata which had an almost religious
or holy nuance.
Despite the
fact that in China punishments xing 型 had always existed for punishing bad conducts, in
this kind of government by the rites, the most important wasn’t severe
punishments, the most important was to instruct the ignorant people and
offenders and lead them to the right way by giving them example of what a right
conduct should be. According to Confucius, when the government punished their
subjects harshly (death penalty, tortures, etc) it was because something wasn’t
working properly within society and government. If the monarch wasn’t behaving
properly, his subjects wouldn’t behave properly either, and people wouldn’t
know what’s good from bad, what’s moral and what’s immoral.
However,
legalist didn’t believe in this kind of Confucian ideal government because they
thought that all men were born evil, and so to avoid social disorder, a code of
laws had to be established. Everyone in the State had the duty to know this
legal code which was published in every town and village, and was read in
public by government officials for those people who were illiterate in order to
deter them from breaking the law. This legal code had to be explicitly written
and obeyed by all the citizens of the State except the monarch. Otherwise,
punishments had to be inescapable and extremely harsh and cruel.
When the
legalist reforms were first introduced to the Qin State and afterward to all
the territory of the Qin dynasty, society and government were organized in a
way that laws had to be strictly obeyed and thus nobody could conspire against
the emperor. Among all the reforms that were carried out in the Qin state and
dynasty were the reorganization of families and the suppression of the aristocratic
privileges of noble classes who were, from then on, subject to the laws as the
rest of the common citizens. This measure was a radical change for Confucians
who had always advocated the privileges of the noble descent.
All households
were reduced in number of members, putting an end to the traditional large
Chinese family advocated by Confucians. All households were demarcated and
registered in small groups of families who were designated as a “mutual
responsibility” unit. This meant that if a person from that group of families
broke the law, the rest of the members who knew what had happened, had the duty
to report him to the authorities. Otherwise, all the members of the group would
receive the same punishment as the offender.
[…] If so,
how to get rid of delicate villainy? By making the people watch 6 one
another in their hidden affairs. Then how to make them watch one another? By
implicating the people of the same hamlet in one another's crime. When everyone
knows that the penalty or reward will directly affect him, if the people of the
same hamlet 7 fail to watch one another, they will fear
they may not be able to escape the implication, and those who are evil-minded,
will not be allowed to forget so many people watching them. Were such the law,
everybody would mind his own doings, watch everybody else, and disclose the
secrets of any culprit. For, whosoever denounces a criminal offence, is not
held guilty but is given a reward; whosoever misses any culprit, is definitely
censured and given the same penalty as the culprit. Were such the law, all
types of culprits would be detected. If the minutest villainy is not tolerated,
it is due to the system of personal denunciation and mutual implication […].
(Han Fei Zi. Chapter 55: Regulations and Distinctions)
By
means of this despotic and authoritarian system, people had to be on the alert
all the time for fear that anybody would report them to the authorities, so
they rarely dared to break the law or conspire against the State or the
monarch.
The
essence of legalism can be summarized in three key words:
The
first one is fa 法, which means “law”. All states should
have a legal code where it is explicitly written which are the crimes and which
are punishments for those crimes.
The sage in
governing the people considers their springs of action, never tolerates their
wicked desires, but seeks only for the people's benefit. Therefore, the penalty
he inflicts is not due to any hatred for the people but to his motive of loving
the people. If penalty triumphs, the people are quiet; if reward over-flows,
culprits appear. Therefore the triumph of penalty is the beginning of order;
the overflow of reward, the origin of chaos.
Indeed,
it is the people's nature to delight in disorder and detach themselves from
legal restraints. Therefore, when the intelligent sovereign governs the state,
if he makes rewards clear, the people will be encouraged to render meritorious
services; if he makes penalties severe, the people will attach themselves to
the law. If they are encouraged to render meritorious services, public affairs
will not be obstructed; if they attach themselves to the law, culprits will not
appear. Therefore, he who governs the people should nip the evil in the bud; he
who commands troops, should inculcate warfare in the people's mind. If
prohibitions can uproot causes of villainy, there will always be order; if
soldiers can imagine warfare in mind, there will always be victory. When the
sage is governing the people, he attains order first, wherefore he is strong;
he prepares for war first, wherefore he wins.
(Han Fei Zi. Chapter 55: Regulations and Distinctions)
Legalist didn’t see the law as something unchangeable
like the Confucian rites. On the contrary, laws were subject to changes
according to the circumstances of a particular moment. In this point, we can
see some influences of Taoism, particularly the Taoist concept that everything
is constantly changing and that men have to adapt to that natural changing
state of things.
Indeed, it
is the people's nature to abhor toil and enjoy ease. However, if they pursue
ease, the land will waste; if the land wastes, the state will not be in order.
If the state is not orderly, it will become chaotic. If reward and penalty take
no effect among the inferiors, government will come to a deadlock.
Therefore, he who wants to accomplish a great achievement but hesitates to apply
his full strength, cannot hope for the accomplishment of the achievement;
he who wants to settle the people's disorder but hesitates to change
their traditions, cannot hope to banish the people's disorder. Hence there is
no constant method for the government of men. The law alone leads to political
order. If laws are adjusted to the time, there is good government.
If government fits the age, there will be great accomplishment. Therefore, when
the people are naïve, if you regulate them with fame, there will be good
government; when everybody in the world is intelligent, if you
discipline them with penalties, they will obey. While time is moving on, if
laws do not shift accordingly, there will be misrule; while
abilities are diverse, if prohibitions are not changed, the state
will be dismembered. Therefore, the sage in governing the people makes
laws move with time and prohibitions change with abilities. Who can
exert his forces to land-utilization, will become rich; who can rush his
forces at enemies, will become strong. The strong man not obstructed in his way
will attain supremacy.
(Han Fei Zi. Chapter 54: Surmising the Mentality of the People: A
Psychological Analysis of Politics)
The second key word is shu 术 which literally means “technique” or “art”, and it
refers to the monarch’s skills to manipulate his ministers and counsellors in
order to achieve his secret purposes which have to assure the stability of the
State. The monarch never had to show his
feelings, his preferences or opinions. Otherwise, his ministers, knowing what
the monarch likes and dislikes, they would know how to please him, and they
could secretly conspire against him at the same time.
The lord
of men has the duty of devoting his attention to secrecy. For this reason, when
his delight is revealed, his conduct will be slighted; when his anger is
revealed, his prestige will fall to the ground. The words of the intelligent
sovereign, therefore, are blockaded in such wise that they are not communicable
outwards and are kept in such secrecy that they are unknowable. Therefore, to
find ten culprits with the wisdom of one person is an inferior way, to find one
culprit through the mutual watch of ten persons is a superior way. As the
intelligent sovereign takes both the superior and the inferior ways, no culprit
is ever missed. Members of the same group of five families, of the same
village, and of the same county, all live like close neighbours. Who
denounces anybody else's fault, is rewarded; who misses anybody else's
fault, is censured. The same is true of the superior towards the inferior and
of the inferior towards the superior. Accordingly, superior and inferior, high
and low, warn each other to obey the law, and teach each other to secure
profits. By nature everybody wants to live in fact and in reputation. So
does the ruler want both the name of being worthy and intelligent and the fact
of rewarding and punishing people. When fame and fact are equally complete, he
will certainly be known as lucky and good.
(Han Fei Zi. Chapter 48: Eight Canons)
According to legalists, monarchs only had to let their
ministers make proposals and decisions for them. If ministers didn’t know which
were the real motivations of the monarch they didn’t know if their proposals
and decisions would please the monarch or not, so they would be cautious. Thus,
according to the proposals and the results obtained, if the ministers’ actions
were good or not for the stability of the State, the monarch would choose whether
to punish them or reward them.
Who
knows ruler and minister differ in interest, will become supreme. Who regards
the difference as identity, will be intimidated. Who administers the state
affairs in common with his ministers, will be killed. Therefore, the
intelligent sovereign will scrutinize the distinctions between public and
private interests and the relative positions of benefit and harm, so that
wicked men will find no chance to act.
The
inferior ruler exerts his own ability; the average ruler exerts people's
physical strength; and the superior ruler exerts people's wisdom. For this
reason, in case of emergency he gathers the wise men, listens to each one, and
calls a conference. If he does not listen to each one, consequent results will
be contrary to antecedent words. If consequent results are contrary to
antecedent words, there will be no distinction between the stupid and the
wise. If the ruler does not call a conference, there will be hesitation and no
decision. Without decision, everything will come to a standstill. If the ruler
adopts one of the counsels himself, he will have no fear of falling into the
trap of rapacious people. Therefore, he should let everybody utter his
opinions. After opinions are settled, he should hold them
responsible for equivalent results. For this purpose, on the day
that opinions are uttered, he should make written memoranda. Thus, the
organizer of wise men verifies their words after starting the tasks; the
organizer of able men estimates their merits after seeing their works.
Success and failure leave evidence, which reward and punishment follow
respectively. If tasks are successfully accomplished, the ruler harvests their
fruits; if they fail, the ministers face criminal charges.
Compare
different words and thereby know the true one. Change the perspectives and
thereby detect the choice abode. Stick to your own view and thereby hold
your extraordinary standpoint. Unify the system of personnel
administration and thereby warn the courtiers. Dignify your words
and thereby scare distant officials. Cite the past facts and thereby check the
antecedent words. Keep detectives near by the officials and thereby know their
inner conditions. Send detectives afar and thereby know outer affairs.
Hold to your clear knowledge and thereby inquire into obscure objects. Give
ministers false encouragements and thereby extirpate their attempts to infringe
on the ruler's rights. Invert your words and thereby try out the suspects. Use
contradictory arguments and thereby find out the invisible culprits.
Establish the system of espionage and thereby rectify the
fraudulent people. Make appointments and dismissals and thereby observe
the reactions of wicked officials. Speak explicitly and thereby persuade people
to avoid faults. Humbly follow others' speeches and thereby discriminate
between earnest men and flatterers. Get information from everybody and know
things you have not yet seen. Create quarrels among adherents and partisans and
thereby disperse them. Explore the depths of one culprit and thereby warn the
mind of the many. Divulge false ideas and thereby make the inferiors think
matters over.
The lord
of men has the duty of devoting his attention to secrecy. For this reason, when
his delight is revealed, his conduct will be slighted; when his anger is
revealed, his prestige will fall to the ground. The words of the intelligent
sovereign, therefore, are blockaded in such wise that they are not communicable
outwards and are kept in such secrecy that they are unknowable. Therefore, to
find ten culprits with the wisdom of one person is an inferior way, to find one
culprit through the mutual watch of ten persons is a superior way. As the
intelligent sovereign takes both the superior and the inferior ways, no culprit
is ever missed. Members of the same group of five families, of the same
village, and of the same county, all live like close neighbours. Who
denounces anybody else's fault, is rewarded; who misses anybody else's
fault, is censured. The same is true of the superior towards the inferior and
of the inferior towards the superior. Accordingly, superior and inferior, high
and low, warn each other to obey the law, and teach each other to secure
profits. By nature everybody wants to live in fact and in reputation. So does
the ruler want both the name of being worthy and intelligent and the fact of
rewarding and punishing people. When fame and fact are equally complete, he
will certainly be known as lucky and good.
(Han Fei Zi. Chapter 48: Eight Canons)
This way of governing is clearly influenced by the
Taoist maxim of the “non action” or wuwei
无为.
Hence
the saying: "The ruler must not reveal his wants. For, if he reveals his
wants, the ministers will polish their manners accordingly. The ruler must not reveal
his views. For, if he reveals his views, the ministers will display their hues
differently." Hence another saying: "If the like and hate of the
ruler be concealed, the true hearts of the ministers will be revealed. If the
experience and wisdom of the ruler be discarded, the ministers will take
precautions." Accordingly, the ruler, wise as he is, should not bother but
let everything find its proper place; worthy as he is, should not be
self-assumed but observe closely the ministers' motivating factors of conduct;
and, courageous as he is, should not be enraged but let every minister display
his prowess. So, leave the ruler's wisdom, then you will find the ministers'
intelligence; leave the ruler's worthiness, then you will find the ministers'
merits; and leave the ruler's courage, then you will find the ministers'
strength. In such cases, ministers will attend to their duties, magistrates
will have definite work routine, and everybody will be employed according to
his special ability. Such a course of government is called "constant and
immutable".
Hence
the saying: "So quiet, it rests without footing; so vacant, it cannot be
located." Thus, the intelligent ruler does nothing, but his ministers
tremble all the more. It is the Tao of the intelligent ruler that he makes the
wise men exhaust their mental energy and makes his decisions thereby without
being himself at his wits' end; that he makes the worthy men exert their
talents and appoints them to office accordingly without being himself at the
end of his ability; and that in case of merits the ruler gains the renown and
in case of demerit the ministers face the blame so that the ruler is never at
the end of his reputation. Therefore, the ruler, even though not worthy,
becomes the master of the worthies; and, even though not wise, becomes the
corrector of the wise men. It is the ministers who do the toil; it is the ruler
who gets the spoil. This is the everlasting principle of the worthy sovereign.
(Han Fei Zi. Chapter 5: The Tao of the Sovereign)
Finally, the word shi 势, which it means “power” or “authority”,
is referring to the authority of the monarch. If a monarch wanted to maintain
his power and authority he never had to delegate powers to his ministers. The
monarch had to keep all his authority for himself and it was only him who had
to be in charge of deciding who had to be rewarded and who had to be punished. Otherwise,
his subjects wouldn’t respect him, his authority could be questioned and, finally,
his ministers would end up seizing the power of the State.
If
dismissal and appointment have no constant rule, the sovereign's prerogative
will be profaned; if matters of reward and punishment are administered in
common by the sovereign and the inferiors, the sovereign's authority will be
shaken. For this reason, the intelligent sovereign does not listen with the
attitude of love nor does he scheme with the sense of delight. For, if he does
not compare the words he heeds, his prerogative will be shaken by rapacious
ministers; if he does not make use of the ministers' wisdom and strength, he
will be harassed by the ministers. Therefore, the sovereign, when enforcing
regulations, is as magnificent as heaven, and, when using men, is as mysterious
as the spirit. For heaven cannot be confuted and the spirit cannot be harassed
by human beings. When the position functions and the training is strict, though
the ruler acts contrary to the world, nobody dares to disobey. Once blame and
praise prevail under a unified system, nobody dares to dispute. Therefore, to
reward the wise and punish the violent is the best way to exalt good people; to
reward the outrageous and punish the wise is the extremity to exalt bad people,
which is said to be rewarding participants in wickedness and punishing
opponents to it.
Now,
rewards should not be otherwise than liberal, so that the people will consider
them profitable; honours should not be otherwise than attractive, so that the
people will consider them glorious; censures should not be otherwise than
strict, so that the people will consider them severe; and blame should not be
otherwise than odious, so that the people will consider it disgraceful.
Thereafter, the ruler will universally enforce his laws. When prohibitions and
censures of private families mean no harm to the people, and when men of merit
deserving reward and culprits deserving punishment are always known, the system
of intelligent service is accomplished.
(Han Fei Zi. Chapter 48: Eight Canons)
Excellent Lecture about Legalism
Friday, October 5, 2012
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