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Legalism

Why we choose this topic

Close relationship

Essential

Representative culture in China which has a long history

Only digital lecture to introduce Legalism, and we want to let YOU to understand more about Legalism
Structure of OUR presentation

1.Introduction

1.1 Topic

1.2 Why we choose this topic

1.3 Structure the presentation

2. Legalism

2.1 What is Legalism?

2.2 Advantages and examples of Legalism

2.3 Disadvantage and examples of Legalism

3. Legalism in modern world

3.1 What has been reference

3.2 What is improved

3.3 What is fallen behind

4. Conclusion
WHAT
Legalism is one of Sima Tan’s six classical school of thought in Chinese philosophy.

Legalism stressed the importance of legal rule and clauses.

Representative figure for this school was Han Fei.

Shen Buhai(400B.C.-337B.C.), Shang Yang(390B.C.-338B.C.) and Han


Fei(281B.C.-233B.C.)

Legalism developed at Qin 秦 during the period 360-338

Han Fei Zi had been a follower of Xunzi(313B.C.-238B.C.). They


believe that human nature is incapable of good.
Advantages
Evolution
The Legalists imply that everything is changeable: as socioeconomic conditions change, human behaviour changes as well

Sociology

There were much fewer crimes and the laws taught the people to act better.

“the people go for benefits as water flows downwards” (Shang jun shu 23:131) . The people covet wealth and fame; they are afraid of
punishments: one should establish a combination of positive and negative incentives.

State

There will no civil/regional wars

When the people are weak, the state is strong; hence the state that possesses the Way
strives to weaken the people” (Shang jun shu 20: 121)

the text advocates inflicting heavy punishments for even petty offenses, as only then will the people be sufficiently scared as to
behave properly
DisAdvantages
Totalitarianism
an authoritarian government, dictatorship

High Standard

The standard is too high; strict and usually had extremely harsh punishments

It is difficult for people to reach the standards. It is easy for people to give up.

Christian’s attitude towards Legalism

Controlling, cocky and callous.


Effect of Legalism - What has been reference

Planned Economy

Wei (魏) - Li Kui (李悝)


Depending on the economics status to distribute welfares
Depending on the ability of the farmers to distribute farms

County System

Qing (秦) - Li Si (李斯)


30 provinces in China 56 states in USA
77 Counties in Qing Dynasty

Weights and measures (度量衡)

Qing (秦) - Shang Yang (商鞅)


Length, Volume, Weights (長度、容量、重量)
Bucket, Balance and ruler (平斗桶、權衡、丈尺)

Law

Qi (齊) - Guan Zhong (管仲) Hong Kong Basic Law, State Law etc.
The first legalist in China that set laws and system in economics
Improved

County System Tong, 2012 晚清七十年•第5章 中國郡縣起源考(附跋)

The King did not want to give too much land to the lord so many lands have no lord to manage and the King was not able to manage them too.
Therefore, a product of yuan ling (懸令) is produced.

Imagine: Place with no governer

Weights and measures (度量衡) Chiu, 2007 中國古代度量衡制度研究

Duodecimal system

Hexadecimal system
Decimal system
Thirty Decimal system

Quantenary system

C1 Figure 1 Chart of measurements in all dynasty in China


Fallen behind
C2

Planned Economy

Depending on the economics status to distribute welfares

?
1 Poor + subsidy from government + don’t need to work = Hea-ly and not painful

2 Rich = Rich Fairness

3 Can just earn a living + little help from government + work as dog + OT +
heavy tax + no house + saving for the initial deposit + waving economy
status + $4000 = Painful everyday I don’t want to work but I need to work
because I will have no money to spend

Law

Zhang & Cho, 2004 法理學與法史:問題點與文獻源 Although the law was straight, it was fair. (雖嚴且公,雖苛且正)

Rosato & Utah, 2004


C3
The responsibility of law is related to ‘rights’ that human is in the centre of law.
Arbour, 2008
Conclusion

After the research, we learn:


Some history of Legalism.
Legalism is one of the core idea in China.
There are advantages and disadvantages induced by Legalism.
The minority understand Legalism: Ethical thoughts, social development thoughts, political thoughts, and the idea of the rule of law
Over 3 explode 4
Legalism

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