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Influence of legalism
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LEGALISM In this essay, I will be talking about legalism. Legalism is a political philosophy, in other words, an absolute monarchy. I chose this philosophy because it has a different logic, and it is harder to understand than the other beliefs. I have come up with three main points to explain Legalism the best way possible. Legalism was created in 250 BCE by the famous Chinese philosopher Han Feizi. Legalism promoted recruitment, so rulers had to be strict, which would cause all people to "accept" each other, because the ruler was the ruler, nothing could change from what he said. The advantage to this, is that it would cause little conflict between the people. It also supported war society, because in this belief, the warriors had to be dedicated, for the people to feel more safe and thought about. The old rules of chivalry which Chinese armies had always considered were ignored by the Qin as they crushed one state after another. This would affect the ruling of …show more content…
This was the time of the burning of many famous ancient Chinese books. In simpler words, intellectualism didn't have a success in society in those times. The many factious ancient Chinese books all came after this development of the philosophy. The developer of the Legalistic school was Hsun-Tsu. He had the same opinion as Han Feizi; humans were evil by nature. He believed humans could only behave morally however through habituation. His point was to let anyone from any age join this Legalistic school, so they could all follow his and Han Feizi's beliefs. Legalism had a social impact on society in those times, because all the various soldiers were trained for the upcoming wars, people started believing that they were bad by nature, and burning books. I think this philosophy has had one of the most changing impacts of the philosophies I ever knew. For further research, I discovered Legalists weren't allowed to hit or hurt
The emperor was able to use legalist policies to increase his power over his people. Shi Huangdi's philosophy of legalism says that all people are evil, and harsh laws must be made to keep them in line. If people are left alone, they will act badly. During the Warring States Period there were no strict laws, people rebelled, and the result was the chaos and disorder.
The Zhou dynasty collapsed from political turmoil which we later called the “Period of the Warring States” (403-221 B.C.E.). They are not religions because the people who follow Confucianism, Daoism and Legalism do not worship Gods. Confucianism and Daoism both share the belief in “the way”. Creating a society that’s orderly is what Confucianism is all about. Also Daoism belief is that people should find inner peace and live in harmony with nature. Legalism beliefs is that goodness is achieved by government total control over population. The philosophies of Confucianism, Daoism and Legalism are for guidance for people
Our ideas about laws and philosophy are borrowed from those of Justinian’s code, which was the main set of laws of the empire. For example, the Declaration of Independence says the “unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness.” (Doc. D) This is similar to the “maxims of law... to live honestly, to hurt
The lawyer and scholar believed that there should be one universal government ruling the people, this government would be a led by a mix of all three classes. He states how a monarchy would be the ideal rule, but is extremely unrealistic as all humans reason equally. By instating a mixed form of government, people would feel more of a connection with the laws and more of a personal responsibility to follow them if they had a part in creating them. Additionally, all people would be seen as equal before the law as all have equal capabilities and through effort, a common good can be achieved; the only thing differentiating humans is their variety of gifts, besides this, there is no variation. A person’s economic status by no means defines their ability to lead, by all groups participating in government, there are no idle citizens that are not a part of the
It has been said that Legalism takes after Daoism, borrowing some of its well-known ideas such as non-action or the usefulness of being empty. Though Legalism is typically grouped with the other early Chinese philosophers, it is actually quite a different system. Han Feizi’s Basic Writings, an exemplary text of Legalism, is aimed at how to successfully run an empire, and caters to one person in particular: the ruler. On the other hand, writings like the Dao de Jing are aimed more towards the individual and are personable. Still, it’s interesting to note that both texts talk about what it takes to be a good leader. In examining relations between Laozi’s Dao De Jing and Hand Feizi’s Basic Writings, one can extract both similarities and differences between Legalism and Daoism when it comes to how a leader should govern. Daoism and Legalism are similar in the fact that they both believe the leader should practice non-action and emptiness, believe that there should be a natural
During and after the Warring States period of Chinese history, many different philosophies were developed. One of these such philosophies is Legalism. In Legalism, people believe that no one can be trusted, and that everyone is selfish and evil. It teaches that the only way to get work done is with strict laws and harsh punishments. On the complete opposite side, in Daoism (a.k.a. Taoism), people believed that you don’t really need much of a government. Even the ruler doesn’t really do anything much. They just let the people live. The entire point of Daoism is to achieve “oneness with the Dao,” which is the path, or road to living in harmony with the world and nature. Another philosophy, Confucianism, is all about living in harmony with other people. It basically teaches you to respect your elders, people with more power than you, and people who have more knowledge and experience than you. By following any one of those philosophies, people try to live a good life by changing their
In this excerpt from Democracy in America Alexis Tocqueville expresses his sentiments about the United States democratic government. Tocqueville believes the government's nature exists in the absolute supremacy of the majority, meaning that those citizens of the United States who are of legal age control legislation passed by the government. However, the power of the majority can exceed its limits. Tocqueville believed that the United States was a land of equality, liberty, and political wisdom. He considered it be a land where the government only served as the voice of the its citizens. He compares the government of the US to that of European systems. To him, European governments were still constricted by aristocratic privilege, the people had no hand in the formation of their government, let alone, there every day lives. He held up the American system as a successful model of what aristocratic European systems would inevitably become, systems of democracy and social equality. Although he held the American democratic system in high regards, he did have his concerns about the systems shortcomings. Tocqueville feared that the virtues he honored, such as creativity, freedom, civic participation, and taste, would be endangered by "the tyranny of the majority." In the United States the majority rules, but whose their to rule the majority. Tocqueville believed that the majority, with its unlimited power, would unavoidably turn into a tyranny. He felt that the moral beliefs of the majority would interfere with the quality of the elected legislators. The idea was that in a great number of men there was more intelligence, than in one individual, thus lacking quality in legislation. Another disadvantage of the majority was that the interests of the majority always were preferred to that of the minority. Therefore, giving the minority no chance to voice concerns.
After starting the Chinese Empire, Shihuangdi based the empire on a harsh law system called legalism and was also influenced by Confucianism. Since Shihuangdi was the only ruler of the empire, the government was considered a strong central monarchy. When the Chinese empire had a good start, they expanded their territories to northern Vietnam, Korea, and the northwest steppes. Shihuangdi believed the harsher the empire the more respected, so he invested heavily into a strong military army a...
Niccolo Machiavelli, John Locke, and John Stuart Mill present three distinct models of government in their works The Prince, Second Treatise of Government, and Utilitarianism. From an examination of these models it is possible to infer their views about human nature and its connection to the purpose of government. A key to comparing these views can be found in an examination of their ideas of morality as an intermediary between government and human nature. Whether this morality must be inferred from their writings or whether it is explicitly mentioned, it differs among the three in its definition, source, and purpose.
As for the precondition of the Legalists’ thoughts, there are a few fundamental premises or judgments that we can find from the texts. As an independent school of thoughts in order to distinguish itself among all Hundreds of Schools and set aside all past ideals and standards, the Legalists, first of all, believed in the inevitability of a constant change in society. As noted by Han Fei (d.
Chapter two offers clarity on the subject of legalism and, through the words and actions of Reverend Martin Luther King, Jr., chapter two also conveys the dangers of blind obedience. The foundation of legalism is based on a set of laws that are intended to enforce morally correct behavior. Ultimately, in the grand scheme, these laws should protect personal rights, beliefs and safety whilst promoting ethical conduct. However, as Reverend Martin Luther King points out, laws should be carefully scrutinized for unfair and unreasonable policy that may only benefit a limited audience or agenda. If such laws are deemed unjust, doing nothing makes a person an equal contributor in the vain of moral corruption. Throughout the chapter it is shown that
The central aim of this essay will be to support the legal-positivist that law and morality are strictly separable. In its simplest form many understand legal positivism to be the existence and content of law, which depends on social facts, and not on its merits. I will engage closely with the work of John Austin and his concept of law, which offered a developed and progressive piece of work from Bentham, focusing on Austin’s The Province of Jurisprudence Determined (1832) in order to demonstrate one of the earlier accounts of legal positivism. By exploring Austin’s theory of sovereignty, in which he outlines that in every state there exists an authority to which a large mass of citizens show compliance, I will address the consideration that
Law is a tool in society as it helps to maintain social control, promoting social justice. The way law functions in society and its social institution provide a mechanism for solutions. There are many different theories of the function of law in relation to society in considering the insight they bring to different socio-legal and criminological problems. In the discussion of law’s role in social theory, Leon Petrażycki and Eugen Ehrlich share similar beliefs in the jurisprudence of society. They focused their work on the experience of individuals in establishing meaning in their legal relations with others based on the question of what it means to be a participant in law. Jürgen Habermas presents a relationship between law and morality. From a certain standpoint, law is a key steering mechanism in society as it plays an educational role in promoting conducts, a mean of communication and it
Legal realism defines legal rights and duties as whatever the court says they are. Out of all the legal theories we have examined in class, I personally believe that this is the one that best exemplifies the purpose of law and would best suit and benefit society. The Dimensions of Law textbook defines legal realism as “the school of legal philosophy that examines law in a realistic rather than theoretical fashion; the belief that law is determined by what actually happens in court as judges interpret and apply law.”
The philosophy of Confucius is called Confucianism. It was start with Confucius. It emphasized personal and governmental morality, correctness of social relationships, justice and sincerity. His followers competed successfully with many other schools during the Hundred Schools of Thought era only to be suppressed in favor of the Legalists during the Qin Dynasty. Following the victory of Han over chu after the collapse of Qin, Confucius's thoughts received official sanction and were further developed into a system known as Confucianism. With further development in late hundred years,