What Replaced Legalism as the Official Philosophy of the Han Dynasty

The emperor and his chief advisor/premier Li Siu (also known as Li Si, l.c. 280-208 BC, another disciple of Xunxi) understood how well legalism had worked for the Qin in the war and adopted it as the official philosophy of the state in peacetime. According to historian and scholar Joshua J. Mark, Shi Huangdi ordered “the destruction of all history or philosophy books that did not conform to legalism, his family lineage, the State of Qin, or himself” and executed more than 400 Confucian scholars. Confucianism could be openly expressed again during the Han Dynasty. The suppression of legalism and legalistic philosophers reduced the danger of reaffirmation of philosophy and made it possible to explore opposing points of view. However, this does not mean that legalism has disappeared or no longer has an impact on Chinese culture. Legalism has remained a popular philosophy throughout China`s history into modern times. Whenever a government felt it was losing control, it resorted to a certain degree of legalism. Even when he was heir to the throne, Yuan criticized his father for enforcing the laws too harshly and suggested that he hire more Confucian masters.

In 48 BC. Emperor Xuan died, and the 27-year-old Yuan Emperor chose Confucians to lead his reign. Modest reforms have reduced spending and reduced penalties. In addition to the literature review, the public service review system has been expanded with a moral component. Emperor Yuan`s adoption of Confucian rituals and principles also led to the favor of parents in the name of filial piety. Unfortunately, nepotism and the resulting matriarchal influences contributed to the downfall of the ancient Han Dynasty over the next two generations. Under Yuan, anyone who passed the exams could become a disciple of a Confucian scholar, but soon the number was limited to a thousand. Playing a “crucial role in promoting the autocratic tradition of Chinese politics,” what is known as wu wei (or inaction) would become the political theory of fajia (or “Chinese legalists”), if not their general term for political strategy. The (qualified) inactivity of the ruler ensures his power and the stability of politics,[200] and can therefore be considered his most important technique.

[201] The “conception of the role of the sovereign as the supreme arbiter who firmly holds essential power” while leaving the details to ministers would have a “profound influence on the theory and practice of the Chinese monarchy.” [6]:99 According to Shen Buhai, who was strongly advocated by Han Fei, during the Han Dynasty until the reign of the Han Wudi rulers, rulers limited their activity “principally to the appointment and dismissal of its high officials,” a clearly “legalistic” practice inherited from the Qin Dynasty. [6]: 99 [202] Consequently, in the country of an enlightened ruler, there are no texts written in books and on bamboo strips, but the law is doctrine; There is no “speech” of the former kings, but the officials are the teachers; There is no private handling of swords, but beheading [enemies] is bravery. This year, historian Sima Qian was arrested for advocating for convicted General Li Ling. The historian was arrested and convicted, but refused to commit suicide because he wanted to finish his story. Not having enough money to buy a punishment switch, he suffered the humiliating punishment of castration, served as a eunuch palace scribe, and continued the work that gave us so much knowledge about ancient China. The “legalistic” current still has a great influence on administration, politics and legal practice in China. [29] [30] Government realists disagreed and pointed to Shang Yang`s success, relying on laws and punishments; but critics countered that it was short-lived and that the Qin policy was unscrupulous.

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