legalism 1213

Legalism: Ends and MeansWorld History, 9St. Anne’s-Belfield

Tuesday, December 18, 12

Continuity: Ends

In terms of historical context, what did Legalism have in common with Confucianism?

In terms of goals, what did Legalism have in common with Confucianism and Taoism?


Key Legalist Concept I: View of Human Nature



• What was the Confucian view of human nature?



• What was the Confucian view of human nature? What were the means of Confucianism?




How would these means be implemented?





What view of human nature is revealed by Confucian means?






•What appears to be the Legalist view of human nature?







PEOPLE ARE INHERENTLY BAD AND DRIVEN BY SELFISH DESIRES!







PEOPLE ARE INHERENTLY BAD AND DRIVEN BY SELFISH DESIRES!

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


Key Legalist Concepts II: MeansRejection of Confucian Morality (Goodness)



1. Legalists believed that morality was based on selfish, individual motives



1. Legalists believed that morality was based on 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. Filial piety undermines a powerful military structure





2. Filial piety undermines a powerful military structure– Why would this be true?





2. 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




Key Legalist Concepts III: MeansThe 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?



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



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 stabilityRuler->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


Law Under the Legalists


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!


Day 2- The Basics of Legalism

1.Humans are inherently bad and driven by selfish desires

2.Confucian morality does not work to establish and maintain order

3.Strict laws and harsh punishments are necessary to create and maintain order.


What steps were taken by Shih Huang Ti to return peace, order, and stability

to China?


Do the ends justify the

means of strict laws and harsh

punishments (Legalist

philosophy)?Tuesday, December 18, 12

Which view on human nature is correct--the Confucian view

that people are innately good or the

Legalist view that humans are evil and

driven by selfish desire?


legalism 1213

Education