legalism 1112

9
Philosophy: Law, Methods, Power-base World History I St. Anne’s-Belfield

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Page 1: Legalism 1112

Legalist Philosophy:Law, Methods,

Power-base

World History ISt. Anne’s-Belfield

Page 2: Legalism 1112

Continuity with Confucianism and

Taoism In terms of goals, what did Legalism have in

common with Confucianism and Taoism?

Page 3: Legalism 1112

Key Legalist Concepts IView of Human Nature

According to Confucius, what was the principle responsibility of the ruler?

• Confucius had suggested that men should be governed primarily by the MORAL EXAMPLE of a good ruler

• What was the Confucian view of human nature? What appears to be the Legalist view of human naturePEOPLE ARE INHERENTLY BAD AND DRIVEN BY

SELFISH DESIRES! Historically, on what was this view of human nature based?

Page 4: Legalism 1112

Key Legalist Concepts II:Refutation of Conventional Morality

3. Filial piety undermines a powerful military structure– Why would this be true?Instills a sense of shame so that you won’t dishonor law and propriety

1. Legalists believed that morality was based in selfish, individual motives How could Confucian morality be used for selfish gain?

–Useless to try to educate people in morality; they’ll just be selfish

2. Confucian morality does not work under modern circumstances

-What changed between ancient and modern times which made morality obsolete?

Page 5: Legalism 1112

Key Legalist Concepts III:The Concept of Law

Stability required rule by law and a powerful state

– According to Legalists, what did the establishment and maintenance of a strong state and rule by law require? Ruler considered the

cornerstone of stability Ruler->rule by law->

strong state->stability

Instead of morality, Legalists emphasized the importance of

harsh and inflexible law enforced by a powerful ruler

as the only means of achieving an orderly, prosperous society

Page 6: Legalism 1112

Law Under the Legalists

Legalists argued for an elaborate system of laws defining fixed penalties for each offense, with no exceptions for rank, class or circumstances- NO ONE IS ABOVE THE LAW EXCEPT THE RULER!

Page 7: Legalism 1112

Key Legalist Concepts IV:The Concept of Methods

“Methods” were key to the construction and maintenance of a stable, powerful monarchy

Only ruler should use Methods Different from law; intended to govern ONLY the

relations between kings and their minsters Goal is to keep royal court off balance to preserve

the power of the ruler

Page 8: Legalism 1112

The Ch’in DynastyThe Legalists’ dreams and

nightmares were realized when in 221BC China was unified

under the Ch’in Dynasty as the result of putting Legalist ideas

into practice.

Page 9: Legalism 1112

Shih Huang Ti brought order to China as he

standardized, centralized, and unified

China.Standardization

Centralization

Unification

Why was Shih Huang Ti a great ruler?