Legalism vs.

Confucianism

Justin Sandelin
History 134
Professor Errin Stegich
24 November 2014

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Two philosophies exist that shaped life in Imperial China: Legalism and Confucianism.
Though they share similarities, they are very different in what they value and what it meant for
the Chinese citizens. Glimpses of these philosophies can be seen in modern America and while
they both have their merits, Confucianism is ultimately better for this society to live under.
Before moving into the argument supporting Confucianism, it is important to know what
these philosophies entail. Legalism puts an emphasis on controlling a society above any other
human needs. Legalists believed that the people needed a government that would create strict
laws and enforce them with the harshest punishment no matter how severe the infraction. They
believed humans were evil by nature and rather than educating them or promoting ethical
principles, the only way to keep them from indulging in their true selves was by forcing them to
adhere to strict guidelines and not letting them be deceived by the idea of humanity.
Confucianism put more focus on morality and tradition. Confucians were on the opposite
side of the spectrum from Legalists and believed that people were inherently good. They
believed the government should uphold the traditions and rituals of the society and set the
precedent for the morality of the people (without violence, unlike the Legalists). According to
this philosophy, as long as the government remained positive and uplifting, they would work
toward the good of the people and the society would flourish.
Both philosophies can be seen in the context of a modern America. It seems that a lot of
laws that are in effect, specifically those related to minor drug charges, carry a lot of weight and
punishments that many view as harsh. These minimums cause the offender to be put in prison for
a long period of time rather than being rehabilitated and effectively persuaded to keep from
doing it again. At the same time, most people are in agreement that humans are born good and
that outside factors, including one's environment and how one is brought up, can affect if they

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grow up to know the difference between right and wrong. The American society also views
government the same as the Confucians; if the politicians running the country work in a positive
manner, they will ultimately work for the good of the country and its citizens.
Because of this, Confucianism is the better philosophy for modern America to live under.
If America lived under the philosophy of Legalism, the country would be run as a dictatorship.
The government would be able to control every aspect of a person's life and the smallest
wrongdoing would be strictly punished, even more so than it may be now. To live the life the
people want to live, they need to keep the freedoms guaranteed to them by the Constitution and
Legalism takes those freedoms away from them. Confucianism would also uphold the traditions
of the country and keep the value of those things this society deems important.
Between Legalism and Confucianism, Confucianism is the way to go to keep modern
America living the life it wants to live. Legalism would restrict its rights too much and cause the
society to be living in a dictatorship. While both philosophies play a part in the makeup of
America's government and laws, in order to protect its peoples' freedoms, values, and traditions,
Confucianism is the best policy.

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Works Consulted
https://web.cn.edu/kwheeler/chinese_legalism.html
https://web.cn.edu/kwheeler/chinese_confucius.html