In choosing which philosophy of statecraft is better between Confucianism, Daoism, or Legalism, we are able to dive right into the facts provided by the Norton Anthropology. To say that one of these theories is better or worse than another is impossible without understanding each philosophy as its own. These Chinese philosophies’ are on opposite ends of the spectrum, but have a few small ideas that they share in common.
Laozi inspired the philosophy of Daoism in ancient China around the 6th century BC. The key concept of Daoism is to go throughout life doing nothing, also known as “non-action” from page 1344 in the Norton Anthropology. When someone is able to accomplish this then all things that happen during their lifetime will not be as
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Introduced by Qin, “Legalism is the sanctioning of military action in order to survive or advance political agendas”, San Jose State University. People may be wondering how this philosophy is connected to the others that are clearly more focused on individual lives. We have to look at the origin of Legalism in ancient China; there are three requirements, Shih, Shu, and Fa.
Starting with Shih, it is referred to as “power and position, Shu is administrative techniques and methods, while Fa is a comprehensive system of laws. This system was implemented during the warring states period between 300-200 BC. Therefore, instead of following a code of ethics that Confucius and Laozi present, you are forced to follow the civil law implemented by the party in charge.
On San Jose’s State University 's website, it talks about legalism and we can find there is evidence of those who didn 't follow the laws were either punished or exiled. In Western Civilization such as the United States, we have something that is similar, which is referred to as Marshall Law. The first intention of Legalism seems practical, especially during the warring period as it was meant to keep citizens safe, but they continued to use the same system beyond this Warring
Legalism was practical and ruthless. Legalists did not concern themselves with ethics, morality, or propriety, but with harsh and mutual punishments. When Judge Dee was questioning Hsu Deh-tai about the secret passage and Hsu was denying it all, Judge Dee gave him cruel torture. "The judge then ordered the constables to give Hsu Deh-tai fifty lashes with the thin rattan. They tore Hsu 's robes from his back, and soon the rattan swished through the air. Long before the number fifty was reached, blood streamed from Hsu 's back, and his screams resounded through the hall." (193) Hsu would not confess and that is when Judge Dee got upset and powerfully yelled,
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.
To begin, Confucianism is a system of philosophical and ethical teachings founded by Confucius. Confucianism was the code of ethics accepted as the certified religion of most of the immense empires in the territory since the Han Dynasty. Confucianism provided an outline of ethical and religious beliefs that most of the Chinese expanded to make other religions such as Daoism and Legalism. To expand, Confucianism was founded by Confucius and his beliefs on the political and social order of China. Confucius believed that everything would fall into place if children had respect for their parents and if the rulers were honest. In Confucianism, specific roles were followed by each person in the family. The head of the family, the father, was the one primarily in control and then it was the oldest son that was next in line. Confucius had the belief that a ruler has to be everything he wants
In conclusion, governments as we know right now, falls way behind what Lao-tzu seems to believe. The reason is because it disobeys his tendency in peace, contradicts the fact that he is against people’s unfinished desires power, and opposes his disapproval in materialism.
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
Amidst the chaos of political instability and constant warring of the Zhou era, arose many intellectual thinkers that brought such profound impact in the field of politics, religion and philosophy. Even to the day, their influence can be espied in the many matters of China. Confucianism became the paramount school of thinking and later significant philosophies such as Daoism and Legalism gained immense recognition as well. Each party had their own proposals for creating an idealistic political society where the many problems they faced in their everyday lives could be eliminated. All three approaches were very distinct but at the same time, they contained certain similarities as well. In my reasoning, I find that Confucianism and Daoism could be paralleled in many ways to find several common grounds. On the other hand, Legalism goes on to take a more unique approach which was much different from the previous two.
As was the case in China, Cao depicts the two forms of belief existing alongside one another, and not necessarily practiced exclusively to one another. Confucianism involves the concern for worldly affairs and order within a rigid social hierarchy, with importance placed on filial piety and family relations. Daoism is a way of thought that encompasses ideas of transcendental worlds of spirit through observation of simplicity, a comprehension of natural law and order, and a desire to lead with compassion, rather than force.
Confucius thought that society needed to return to the Dao while Daoism teaches that we need to follow the Dao or else we will not continue to live. Confucius was “not the one who was born with knowledge, [but is the] one who loves the past and is diligent in seeking it” (Confucius and the Analects 51). Both traditions support a following of the Dao, but their approach to living the Dao is very different. Confucianism is very explicit in what is right and wrong. A major source of information for what is right and what is wrong are the Analects, where conversations “focus on the practicalities of interpersonal relationships, personal cultivation in the context of those relationships, and the relationship of personal cultivation on the part of rulers and ministers to the conduct of government” (Confucius and the Analects 42). This is important because it shows how important Confucius thought that human and social relationships were to and how they can help society return to the old ways. In section 2.3 of the Analects, Confucius
While the Way can be considered an intangible idea of how to live your life, others believe it is an omnipotent force that shapes all things and cannot be named. Confucianists believe the former, where they have a superior chance of achieving a better life through ritual. Daoists, however, trust in nonaction, in not interfering with nature, to have a better and longer life. Conversely, the Daoist idea can only hold true in an ideal society, since it would be hard to employ. I will argue that a Confucianist society is better, because it relies on action in a society, the use of virtue with rituals to learn, and the overall betterment of the self to create order in the community as a means of reaching Way.
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.
It can also be argued that the political activities of Chairman Mao’s Communist China were more of a continuation of traditional Imperial China, based heavily in Confucian values, than a new type of Marxist-Leninist China, based on the Soviet Union as an archetype. While it is unquestionable that a Marxist-Leninist political structure was present in China during this time, Confucian values remained to be reinforced through rituals and were a fundamental part of the Chinese Communist ...
The way the Chinese have conceived of their past, and of themselves, was profoundly shaped by the Shiji. The Shiji, or Historical Records, was a monumental work composed of 130 chapters written during the Han dynasty by Sima Qian. It presented the past from several perspectives: a chronological narrative of political events; topical accounts of key institutions; and biographies of individuals that Qian saw as important. The political narrative began with the Yellow Lord and continued through the Xia, Shang, and Zhou dynasties, down to the Han dynasty and Emperor Wudi of Sima Qian's day. Chronological charts with genealogical data and information on government posts came next, such as the calendar, state ritual, the construction of waterworks, and government finance. Thirty chapters were devoted to the ruling houses of the states of the Zhou period, recounting the reigns of successive rulers. These were supplemented by seventy chapters on other important individuals, including not only great officials and generals, but also people not associated with the government, both the famous and infamous including: philosophers, poets, merchants, magicians, and even rebels. Even non-Han people along the frontiers were described in narrative accounts. The emergence of a unified empire out of the warring States of pre-Qin China, the consolidation of the former Han, and the relations between the empire and the surrounding people groups were major themes in the Shiji. Qian’s records also offer insights through his role as a historian and his attempt to resolve a life changing experience he distinguished in his own life. Equally important, Sima Qian, by writing so well on so much, had a profound impact on Chinese thinking about government, pers...
Law is a social construct, which is a result of various external social influences like culture, history, politics, economy and power. It describes the society that it exists in as it is the ideologies and values of a society that are embodied as rules and principles of law. Law constructs a framework for the society, according to the goals, interests and understandings of the people of that society i.e. It reflects the ideals, ideas and ideologies of a distinct legal culture.
There is a similar bond between the Confucians and the Tao in the category rules and behavior. They both believe that you must act accordingly in some way. These two are different also in the sense that Tao believe the life is to be lived according to the Tao and Confucians believe to live it according to actions. Also, the Confucians believed you need to understand the relationship with family, and to follow the five goals of Confucianism. The Buddhists had a totally different idea for this though; they believe that you just need to follow behavior in the ways of the eightfold path and the nine precepts.
According to Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct." Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions.