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LEGALISM

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The Legalist thinkers, who have been given credit for the Qin dynasty’s success in unifying the country (see Chapter 3), have been termed “un-Chinese” because of the harshness of their philosophy and the severity of the sanctions they proposed to enforce their views. Reacting to the crises of fragmentation and disorder, the Legalists prescribed policies aimed at unity and centralization. These objectives were not in themselves objectionable; however, the methods of implementing them eventually provoked unrest. The Legalists’ doctrines had become so discredited that, once the Qin dynasty fell, no statesman in Chinese history who wished to be successful could propound the philosophy, though it continued to influence Chinese governmental practices.

Most students associate Legalism with the Qin, but the development of its principles predated the rise of that absolutist dynasty. According to earlier sources, Guan Zhong (d. 645 BCE), a minister of the state of Qi, had attempted to persuade his ruler, Duke Huan, to initiate policies that would strengthen the state. In a work entitled Guan zi (Master Guan), which actually appears to have been compiled several centuries later, Guan Zhong’s later disciples described the institution of the ba (hegemon), a powerful figure who imposed peace and stability on the fractious states of his era in the name of the Zhou king, whose survival he perceived to be essential. He proposed the granting of authority to a ruler who had a mandate to strengthen the military, to enact laws governing an extraordinary range of behavior, to promote a growth in population (since a large population was said to be an indication of state power), and to enrich the state through government monopolies on salt, iron, and wine and other fiscal practices. Guan Zhong’s realistic statecraft, as well as his emphasis on law and a powerful state with great influence over its subjects’ lives, presaged and perhaps influenced the Legalist thinkers of later centuries.

Like Guan Zhong, Wei Yang (d. 338 BCE) or Gongsun Yang (more commonly known as Lord Shang) was a political actor as well as a principal exponent of Legalism. Born in the state of Wei, he subsequently shifted his allegiance to the state of Qin, served Duke Xiao, and helped to subjugate his own native land. Later sources credit Lord Shang with unifying and centralizing the “feudal” lands of Qin and with curbing the nobility’s authority. The centralized state of Qin appointed officials to enforce its will on the population. He argued that peasants should own their land and should be obligated to pay taxes directly to the state rather than turning over a share of their produce to “feudal” nobles. A state with full granaries would be both prosperous and powerful. Lord Shang also proposed that the population be organized into groups of five or ten men who would be encouraged to denounce subversives or those among them who challenged the state.

Lord Shang relied on law (fa) to regulate society. In this turbulent time, he believed in a strong state that would conquer the rest of China and ensure stability and peace. The state needed to be prosperous and seemingly invincible to achieve this goal, a task that entailed control of its people. A system of rewards and punishments had to be instituted in order to enforce state power. The state’s interest would prevail over the individual’s rights and concerns, and obedience to the law was the single most important value to be impressed upon the people. The values associated with Confucianism (righteousness, benevolence, and wisdom), as well as the rituals of music, dance, and filial piety, were irrelevant, if not harmful. Lord Shang was unabashedly amoral, for he believed that the Confucian virtues would create a weaker state. He proposed a system that would enable governments to be the absolute masters, and argued that laws were essential in restraining the evil and depraved nature of mankind. Though the rare gifted man could overcome the general depravity, laws and administrative methods could not be abandoned if the state wished to avert chaos. Most men could not control their evil ways without the sanction of harsh punishments to keep them in line. Thus, the ruler needed to enforce the laws evenhandedly and punish transgressors from any and all classes. For the first time, the nobility would be treated in the same way as the rest of the population and would be liable to the same sanctions as ordinary people.

Lord Shang’s views reputedly influenced Duke Xiao, who adopted many of his adviser’s suggestions to strengthen Qin. However, Lord Shang did not benefit from the Qin state’s success. When his patron died, the new ruler turned out to be one of his earlier antagonists, which compelled him to flee in order to survive. The army he quickly organized was routed, and he was captured and torn apart by chariots, a grisly end for a man who, ironically, advocated harsh punishments.

In the following century, Han Fei Zi (?280–233 BCE) emerged as the leading Legalist philosopher. Born to a noble family in the small state of Han, as a young adult he studied with the renowned Confucian Xun Zi in Chu. Returning to his own state, he continually offered advice to the rulers, but they repeatedly rejected his suggestions. Thus, he disseminated his ideas by writing a work that attracted the attention of the Qin king, who eventually subjugated and united China and became the first emperor in the Chinese tradition. Qin attacked Han Fei Zi’s native land in 234 BCE, and the panicked rulers called upon the philosopher whom they had earlier rebuffed to serve as an envoy to their attackers. The Qin king was, at first, hospitable to Han Fei Zi, but his chief minister, Li Si, who had also studied with the Confucian Xun Zi, persuaded the king that Han Fei Zi was duplicitous and treacherous. Han Fei Zi was imprisoned and subsequently committed suicide with poison provided by Li Si.

Han Fei Zi’s death serves an ironic counterpoint to his realistic, tough-minded political philosophy. He appealed to the rulers of the “feudal” states, counseling them to tighten control over the economy and government and to crush dissenting and troublesome individuals. Like the Lord of Shang, he emphasized law and governing policies rather than morality and family as the principal means of social control. Harsh laws were required in turbulent times, such as the late Zhou period, and proper administrative regulations were essential in controlling the aristocracy as well as the bureaucracy that the ruler recruited to govern the state. The ruler had to be all-powerful yet he ought to refrain from day-to-day decision making, turning that responsibility over to his administrators. Han Fei Zi had an extremely harsh view of human motivations, advising the ruler to be wary of his closest associates. The ruler also ought not to show much compassion because mercy would undermine state stability. Only by severe laws would the ruler manage to dominate the five vermin – the scholars who question the laws, the speechmakers who champion deceitful policies, the wealthy who seek to evade military service, the soldiers who transgress upon the laws, and the merchants and craftsmen who produce wasteful, luxury goods. Han Fei Zi argued that the ruler should encourage agriculture, develop a powerful military, and enforce harsh laws. Only then would China achieve stability and order.

Legalism thus offered a severe though initially effective philosophy. The emphasis on harsh punishments, centralized government, promotion of agriculture, growth of the military, and authoritarianism and curbs on the aristocracy enabled Qin to expand its power and to enlarge the territory under its control. Initially situated in the Wei river valley in the modern province of Shaanxi, Qin had a splendid base from which to annex neighboring lands. The “feudal” states on the eastern coast of China were hemmed in whereas Qin was not surrounded. It faced no states to the west since non-Chinese nomadic peoples roamed the region. Encounters with these foreigners exposed the Qin to cavalry warfare and refined their military skills. The Qin thus had definite advantages when it began to move eastward, seeking to centralize and unify China.

Although this golden age of Chinese philosophy played a vital role in the definition of Chinese civilization, social changes (including the eventual centralization of the country and the rise of the shi, or merit-based class) and also military and technological developments (such as the use of cavalry, more sophisticated irrigation works, and bronze and jade ornaments, weapons, and coinage) were also significant in the rise of a great empire.

A History of China

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