Mohism & Legalism

The End of Feudal China Collapse of Zhou Dynasty

Disintegration of state Social disorder Rise of independent kingdoms

The Hundred Schools of Thought Only Six were important

School of Names (名家 , míngjiā) Yin-Yang School (陰陽家 , yīnyángjiā) Confucianism (儒家 , Rújiā) Taoism (道家 , Dàojiā) Mohism (墨家 , mòjiā) Legalism (法家 , fǎjiā)

Mohism Founded by Mòzǐ (墨子 ) 470–391

Concerned with saving society Rejects appeal to past Rejects partiality

Mohism A principle by which to judge principles:

Does it benefit the country and the people A kind of Utilitarianism Benefits (利 , lì) are simple material goods

Makes the ideal state a bit dull

Mohism Universal Love (兼愛 , jian ai)

‘Impartial Concern’ Passes the Benefit Test, unlike the partial

concern of the Confucians

Mohism Universal Love (兼愛 , jian ai)

When we come to think about the cause of all these calamities, how have they arisen? Have they arisen out of love of others and benefiting others? Of course we should say no. We should say they have arisen out of hate of others and injuring others. If we should classify one by one all those who hate others and injure others, should we find them to be universal in love or partial? Of course we should say they are partial. Now, since partiality against one another is the cause of the major calamities in the empire, then partiality is wrong.

Mz 16.1 (‘Universal Love III’)

Mohism The Will of Heaven

Why pursue good of others? Because Heaven wills it

Heaven will reward and punish accordingly

Mohism The Absolutist State

People have many interests, which may conflict

Mozi said: In the beginning of human life, when there was yet no law and government, the custom was "everybody according to his own idea." … and so arose mutual disapproval among men. … The disorder in the (human) world could be compared to that among birds and beasts.

Mz 11.1

Mohism The Absolutist State

People have many interests, which may conflict A single ruler is needed to stop this disorder

Yet all this disorder was due to the want of a ruler. Therefore (Heaven) chose the virtuous in the world and crowned him emperor.

Mz 11.2

Legalism The School of Law (法家 , fǎjiā )

Justified the modern state

Legalism Hán Fēizi (韩非子 )

280–233

Legalism Han Feizi

Realised times had changed Could no longer rely on

lǐ (礼 , ‘conventions’) to guide the nobles xìng (刑 , ‘punishments’) to rule the commoners

Required a new form of order Found it in fǎ (法 ) : Law, standards, norms

Legalism Human Nature characterized

naturally self-interested Has ‘two handles’ – reward & punishment

In ruling the world one must act in accord with human nature. In human nature there are the feelings of liking and disliking, and hence rewards and punishments are effective.

HFz 48

Legalism Principles of Shāng Yāng (商鞅 , d. 338)

yī mín (一民 ; ‘one people’) Provides for legal equality for all

dìng fǎ (定法 ; ‘fixing the standards’ ) Provides for objectivity of interpretation

Since the officials well know that the people have knowledge of fa and orders … they dare not treat the people contrary to the fa …

Legalism Motivating the Laws

‘the enrichment of the state and the strengthening of its military capacity.’

Diversity of opinion was damaging – ban it. Lack of standards in culture was damaging –

create such standards

Legalism Offices are created hierarchically

There are objective criteria for the performance of each office

Each level applies reward/punishment to the lower level for success/failure to perform

Legalism The Ruler requires

shì (勢 ): authority the power to make his commands be obeyed

shù (術 ): methods the ability to handle his subordinates

fǎ (法 ): law to guarantee impartiality and justice

Legalism Was not forgiven for its atrocities