LEGISM

LEGISM

(Latin (legis) -, Chinese fa jia - lit. school of law,) - one of the six main schools of OE. philosophy. The founders of the school of law are traditionally considered large politicians: Guan Zhong (. 8-7 centuries BC), Zi Chan (5 century BC) and Li Kui (5 century BC). The main theorists of L. were Shang Yang (4th century BC) and Han Fei (3rd century BC). The views of the first are stated in the book "Shang jun shu" ("Book of the ruler of the Shang region"), and the second - in the written monument "Han Fei-tzu". Shang Yang (Gongsun Yang, 390-338 BC) made the greatest contribution to the theory of L..
The basis of the L. doctrine is the doctrine of the unconditional supremacy of the legal law (fa) in the life of the roc-va and society. Only the ruler can be the creator of laws. “If everything is guided by law, the country will enjoy order,” Shang Yang wrote. His law included 1) a system of punishments and rewards as the basis for educating the people in the spirit of devotion to the ruler and 2) a system for assigning ranks of nobility and appointment to positions (instead of traditional system their inheritance). Shang Yang considered the system of strict punishments for violating the orders of the ruler, regardless of the severity of the crime, a source of "strength and virtue." He also considered denunciations and mutual surveillance, which he called the "system of mutual responsibility", as a significant addition to this policy.
An important element of Shang Yang's social theory was about the need to "weaken the people", turning it into a meek, obedient will of the ruler. "When stupid - it is easy to manage." Shang Yang explained this situation by the need to force the "people" not to "argue" and think about teaching, but to engage in agricultural labor and "think only about war." "The state can achieve tranquility through agriculture and war," he argued. Shang Yang's thesis was based on his conviction that, traditions and are incompatible with human nature - his innate desire for profit.
Shang Yang's teaching, supplemented by Han Fei's concept of the "art of government", was subsequently included in its main features in the political doctrine of imperial China (starting from the Han era - 3rd century BC - 3rd century AD) and formed the framework of the political culture of medieval China. Interest in the teachings of the Legalists was shown by many philosophers and politicians of China up to the end. 20th century

Philosophy: Encyclopedic Dictionary. - M.: Gardariki. Edited by A.A. Ivina. 2004 .

LEGISM

(from lat. lex, genus. case legis - law), the teachings of the school of lawyers, other Chinese. etikoiolytic. the doctrine of the management of man, society and the state. Arose and took shape at 6-3 centuries before n. e. Guan Zhong, Zi Chan, Li Kui, and especially Shang Yang, as well as Shen Buhai and Han Fai, who completed the construction of his theoretical theory, took an active part in the development of L. systems.

L. developed in a tense struggle with early Confucianism, together with which he strove to create a powerful, well-governed state, diverging, however, in philosophy substantiation and methods of its construction. If put forward morals. qualities of people, then L. proceeded from the laws and argued that it was incompatible with morality. The ruler needs to be well versed in the psychology of people in order to successfully manage them. Main influences - rewards and punishments, and the latter should prevail over the former. Center. L.'s program was occupied by the desire to strengthen the state by developing agriculture, building a strong army capable of expanding the country's borders, and stupefying the people.

The Legists created the concept of despotic. state based on the equality of all before the law. The only exception was the ruler - unity. creator of laws. L. played a decisive role in the formation of the imperial bureaucratic. management system that existed without fundamental changes until early 20 V. Main ideas L.: state economic regulation. processes in the country; systematic update state apparatus by appointing officials (instead of the traditional principle of inheritance of positions); a single principle of conferring ranks of nobility, positions, privileges and salaries for service in the army and military. merit; equal opportunities for promotion to adm. posts; a clear gradation within the ruling class; unification of bureaucracy thinking; personal official; censorship over the activities of employees state device.

Yang Yun - o, History of other whales. ideology, M., 1957, With. 400-09; Other whale. , v.2, M., 1973, With. 14-57, 210-83; Perelomov L. S., Confucianism and L. in political. history of China, M., 1981; Vandermeersch L., La formation du Legisme, P., 1965 ; W Ingtslt Chan, A source book in Chinese philosophy, Princeton, 1963, p. 251-61.

Philosophical encyclopedic dictionary. - M.: Soviet Encyclopedia. Ch. editors: L. F. Ilyichev, P. N. Fedoseev, S. M. Kovalev, V. G. Panov. 1983 .

LEGISM

LEGISM (legisme, legalism) is the designation of the fa jia school accepted in Western science - “lawyers”, one of the main directions of ancient Chinese ethical and political (from Latin lex, Genitive, legis-law). The founders of the theory and practice of legalism are Guan Zhong (late 8th-7th centuries BC), Zi Chan (6th century BC), as well as Li Kui, Li Ke (perhaps this is one person) , Wu Qi (4th century BC). Shang Yang, Shen Tao, Shen Buhai (4th century BC) and Han Fei (3rd century BC; see Han Feizi) are recognized as the greatest theorists of Legalism.

The doctrine of legalism is based on the doctrine of the supremacy of a single legal law (fa) in the life of the state. The creator of the law can only be an autocratic ruler. In contrast to decency, laws can be changed and revised according to the needs of the moment. Others critical aspects legalism are the teachings about shu - the "art" of political maneuvering, primarily control over officials, and about shi - "power/violence" as a guarantor of governance based on the law. The ethical and political constructions of the Legalists were often supported by natural-philosophical ideas of a Taoist nature.

Legalism theorists created a coherent concept of a despotic state, functioning under the condition of the unlimited power of the ruler, who alone manages a unified administrative apparatus. They came up with an idea state regulation economics, ch. O. through measures to encourage agriculture and streamline taxation, a system of centralized state administration based on the principle of regular administrative division, the appointment of officials by the ruler instead of the traditional inheritance of positions, the assignment of ranks of nobility, awards and privileges for specific merits (primarily in military affairs), for the way of thinking of subjects, censorial supervision of officials, a system of mutual responsibility and group responsibility. Objectively political in line with legalism led to the limitation of the influence of the hereditary nobility and the destruction of some of the mechanisms for the functioning of traditional patronymy, which prevented the exercise of the sole power of the monarch, as well as to the strengthening of the role of regular administration.

According to the doctrine of legalism, the relationship of the ruler with the people can only be antagonistic. The task of the sovereign is to “weaken the people”. To do this, it is necessary to limit it and put the welfare of subjects in from the autocratic power. The key to the power of the state and strengthening the power of the ruler is efforts to develop agriculture and wage wars. Moral norms, traditions and culture should be outside the mind of the subject, because they distract him from the fulfillment of his main duties to the sovereign. The management of the people and bureaucracy should be based on the main imperative of human activity - "the desire for profit." Therefore, the main management methods were considered rewards and punishments with the dominance and maximum severity of the latter. The main measure of human dignity is devotion to the sovereign, unquestioning obedience to the law and military merit, which should be considered the basis for appointment to positions and conferring ranks of nobility. However, the ruler should not trust even the most worthy: it is necessary to encourage denunciation, to be vigilant and ruthless, not to transfer even a fraction of his power to his subordinates. At the same time, in matters of administration, the doctrine of Legalism prescribes to be guided not by personal whims, but only by “great benefits” for the state, taking into account the interests of subjects, primarily material ones.

The main ideological rival of Legalism was Confucianism. The fight against it permeates all stages of the formation and evolution of legalism as an independent ideological trend. The first stage (7th-5th centuries BC) is marked by the reforms of Guan Zhong in the kingdom of Qi, aimed at introducing uniform legislation, the rights of the hereditary aristocracy. At the second stage (4th-1st half of the 3rd century BC), the teachings of Shang Yang, Shen Buhai and Han Fei, who completed the detailed development of the legalism doctrine, were created. In the same period, for the first time, the theoretical synthesis of Confucian and Legalistic doctrines, which was realized in the teachings of Xun Tzu, clearly manifested itself. The third stage in the history of legalism was the most significant, despite the brevity: in 221 - 207 BC. e. legalism became the official ideology of the centralized Qin empire and the theoretical foundation of the system government controlled. Qin Shi Huang pursued a deliberate policy of restricting those cultures that threatened the dominance of the Legalist ideology. In 213 BC e. an imperial decree was executed on the burning of humanitarian literature stored in private collections, with the exception of divinatory texts, books on medicine, pharmacology and agriculture (literature in state archives has been saved). 460 Confucian scholars were buried alive in the ground, many of their like-minded people were exiled to the border regions. The government created by Qin Shi Huang was unable to ensure the preservation of the Qin empire after his death. keep. 2 in. BC e. as the influence of the bureaucracy, which needed an ideological justification for its place in society, increased, it was reborn at the court to Confucianism. Confucian-oriented thinkers were looking for ways of ideological synthesis with legalism, which increased the social role of bureaucratic institutions unprecedentedly, but severely limited the rights of officials in favor of the autocrat. In the writings of the “father” of orthodox imperial Confucianism, Dong Zhongshu, the Legalists are held responsible for all the troubles that have befallen the country, including the ruin of farmers, the increase in the amount of land in private ownership, the increase in taxes, officials, etc. However, the political program of the Dong Zhongshu was strongly influenced by the ideologues of legalism. He considered it possible to use violence for the purposes of administration, the use of the legalist system of rewards and punishments. Han Confucianism borrowed from Shang Yang the idea of ​​social mobility, replacing devotion exclusively to the ruler with faith in the omnipotence of Confucian teachings.

In the Middle Ages, legalistic doctrines were repeatedly addressed by the authors of reform projects aimed at strengthening state organization. However, in general, Confucians remained negative towards the ancient ideologists of legalism.

In con. 19 - beg. 20th century legalism attracted individual figures of the reform movement. For example, Mai Menghua, a student of Kang Yuwei, saw in the teachings of Shang Yang the idea of ​​limiting the power of the emperor within the framework of the law. In his opinion, China's backwardness is the lack of rule based on law. In the 1920-40s. statists became preachers of the ideas of legalism, aiming to strengthen the structures of the national state. Thus, Chen Qitian considered it necessary to directly borrow from legalist theorists in order to create a “new legalistic theory”. First of all, he was impressed by the ideas of strong power, a strong ruler and mutual responsibility. TO economic doctrines Kuan Zhong and Shang Yang were repeatedly approached by the leaders of the Kuomintang, including Chiang Kai-shek, who argued that legal state intervention in the economy marked the beginning of economic planning and the policy of "people's welfare". In 1972-76 the ideals of Legalism were used by the CCP in the ideological campaign of "criticism of Lin Biao and Confucius." Legists were declared supporters of "modernity" and reforms, Confucians - champions of "antiquity", which meant the practice and "building of socialism" before the "cultural revolution" of 1966-69; the confrontation between Confucianism and legalism was interpreted as a clash of ideologies, respectively, of the slave-owning and feudal society that was replacing it.

Lit .: Rubin V. A. Problems of the development of political thought in ancient China in the book of L. Vandermersh “The Formation of Legalism” .- “Peoples of Asia and Africa”, 1968. No. 2; He is. Personality in ancient China. M., 1993; Vasiliev L. S. The State and the Private Owner in the Theory and Practice of Legalism.- In Sat: 5th Scientific Conference“Society and in China”, v. 1. M., 1974; Perelomov L. S. Confucianism and legalism in political history China. M., 1981; Lidai fa jia zhuzuo xuanzhu (Selected works with commentaries by legalists of various eras). Beijing, 1974; Qi Li, Fa jia renwu qi zhuzuo jianjie (A brief introduction to the representatives of legalism and their works). Beijing, 1976; Creel H. G. Fa-chia: Legalists or Administrators,- The Bulletin of the Institute of History and Philology Academia Sinica, v. 4. Taibei, 1961; Tung-Tsu Ch "u, Law and Society in Traditional China. P., 1961; Wu T. C. H. Chinese Legal and Political Philosophy.- Philosophy and Culture East and West. Honolulu, 1962; Vandermeersch L. La Formation du legisme. Recherce sur la constitution d "une philosophie politique cnracteristiqiie de la Chine ancienne. P., 1965: Creel H. G. The Origins of Statecraft in China. Chi., 1970; Rubin V. Ancient Chinese Cosmology and Fa-chia Theory.- Explorations in Early Chinese Cosmology. L., 1984. See also lit. to Art. “Guanzi”, “Han Feyzi”, *Shang jun shu”.

L. S. Perelomov

New Philosophical Encyclopedia: In 4 vols. M.: Thought. Edited by V. S. Stepin. 2001 .

See what "LEGISM" is in other dictionaries:

Legalism- (lat. legis zan, kyt. fa jia “zaңgerler mektebi”) kytai philosophy syndagy mektep, sayasi aleumettik, құқyқtyқ іlіm. Negizin kalaushylar Shan Yan Zhane Han Fei bollyp esepteledi. Wasps philosophylyk mekteptin okilderі kogamnyn sayasi kurylysy adamnyn zhuris… … Philosophical terminderdin sozdigі

LEGISM- "School of law", is formed in the 4 3 centuries. BC. theoretical substantiation of the totalitarian despotic government of the state and society, which was the first in Chinese theory to achieve the status of a single official ideology in ... ... Legal Encyclopedia

The school of law is formed in the 4th-3rd centuries. BC. theoretical substantiation of the totalitarian despotic government of the state and society, which was the first in Chinese theory to achieve the status of a single official ideology in ... ... Collier Encyclopedia

Philosophical school of the Zhangguo (Warring States) era, also known as the "School of Lawyers" (Chinese 法家, Fajia; English Legalism). The main idea of ​​the school was the equality of all before the Law and the Son of Heaven, which resulted in the idea of ​​distributing titles not ... ... Wikipedia

- (legisme, legalism) Adopted in app. science is the designation of the fa jia school of lawyers, one of the main. directions of ancient whale. ethical politics. thoughts (from Latin lex, genus case legis law) The founders of the theory and practice of L. are Guan Zhong (end 8 7 ... Chinese philosophy. Encyclopedic Dictionary.

LEGISM- school of law (fajia) in traditional Chinese philosophy. The foundation of the school dates back to the period of struggling states (Zhanguo), flourishing to the period of the Qin Empire (221-202 BC). The main provisions of L. are set out in the book Shang Yang Shang jun shu (... ... Modern Philosophical Dictionary

Legalism, or the school of law, is formed in the 4th-3rd centuries. BC. theoretical substantiation of the totalitarian despotic government of the state and society, which was the first in Chinese theory to achieve the status of a single official ... ... Collier Encyclopedia

法家, pinyin: fǎjiā, pall. : fajia).

The main idea of ​​the school was the equality of all before the Law and the Son of Heaven, which resulted in the idea of ​​distributing titles not by birth, but by real merit. According to the ideas of legalism, any commoner had the right to rise to any rank, up to the first minister.

The largest representative of early legalism and the founder of the doctrine - Shang Yang (c. 390-338 BC) - the initiator of the famous reforms that legalized private ownership of land in the country. The projects of reforms and decrees drawn up by him were included in the treatise Shang jun shu (The Book of the Governor of the Shang Region).

The main ideas of the school:

• The equality of all before the Law and the Son of Heaven was proclaimed and, as a result, the idea of ​​distributing titles not by birth, but by real merit, according to which any commoner had the right to rise to the rank of first minister, appeared. Shang Yang recommended to nominate in the first place those who proved their devotion to the sovereign in the service in the army.
• Success in politics is achieved only by those who know the situation in the country and use accurate calculations.
• The experience of previous rulers should be assimilated. And at the same time, "in order to benefit the state, it is not necessary to imitate antiquity."
• The economic situation in the country is very important for politics.
• In the field of administration, it was proposed to concentrate all power in the hands of the supreme ruler, to deprive the governors of power and turn them into ordinary officials. A smart ruler, says the treatise Shang jun shu, "does not condone turmoil, but takes power into his own hands, establishes the law and restores order with the help of laws."
• In order to ensure the representation of the wealthy strata in the state apparatus, the sale of bureaucratic positions was envisaged.
• Shang Yang made only one requirement for officials - to blindly obey the sovereign.
• It was supposed to limit communal self-government, to subordinate family clans and patronymics to the local administration.
• It was also proposed to establish uniform laws for the entire state. The law was understood to mean repressive policies (criminal law) and administrative orders of the government.
• Shang Yang considered the relationship between the government and the people as a confrontation between the warring parties. “When the people are stronger than their authorities, the state is weak; when the authorities are stronger than their people, the army is powerful.” In a model state, the power of the ruler is based on force and is not bound by any law.
• The slightest offense should be punished by death. This punitive practice was to be supplemented by a policy aimed at eradicating dissent and stupidity of the people.
• The supreme goal of the sovereign's activity is the creation of a powerful state capable of uniting China through wars of conquest.

Legalism was divided into early and late. The later followers of Shang Yang abandoned the most odious provisions of the doctrine and, filling legalism with moral content, brought it closer to Taoism and Confucianism.

Main figures and directions

• Shen Buhai - Patriarch of the Legists (385-337 BC). His theory of state administration was used during the Han Dynasty and is included in the content of Confucianism.
• Guan Zhong is a supporter of absolute total control by the state, up to control of drafts in dwellings, as well as a supporter of state assistance to the poor.
• Shang Yang - a supporter of militarism, who turned Qin into one of the strongest principalities, encouraged crafts and Agriculture, for populist purposes, enslaved merchants, dissolved the entire non-military aristocracy.
• Wei Liaozi, a supporter of making legalism more humane in the Confucian spirit, remained a theorist, believed that all crafts that were not related to the production of weapons should be banned.
• Prince Han Fei and Li Sy are supporters of combining legalism with Taoist ideas of naturalness (the state should not interfere with the lives of its inhabitants), who served

LEGISM,"School of law", is formed in the 4-3 centuries. BC. the theoretical substantiation of the totalitarian and despotic government of the state and society, which was the first in Chinese theory to achieve the status of a single official ideology in the first centralized Qin empire (221–207 BC). Legist teaching is expressed in authentic treatises of the 4th-3rd centuries. BC. Guanzi ([Treatise] Guan teachers [Zhong]), shang jun shu (Ruler's Book [areas] shang [Gongsun Yana]), Shenzi([Treatise] Shen teacher [drunk]), Han Feizi ([Treatise] Han Fei's teachers), as well as less significant ones due to doubts about authenticity and content non-differentiation regarding the “school of names” and Taoism Dan Xi Tzu ([Treatise] Deng Xi's teachers) And Shenzi ([Treatise] Shen teacher [Dao]).

During the latent period of the 7th–5th centuries. BC. protolegist principles were worked out in practice. Guan Zhong (? - 645 BC), adviser to the ruler of the kingdom of Qi, apparently was the first in the history of China to put forward the concept of governing the country on the basis of "law" (fa), defined by him as "the father and mother of the people" ( Guanzi, Ch. 16), which was previously used only as a definition of a sovereign. Law Guan Zhong opposed not only the ruler, over whom he should rise and whom he should limit in order to protect the people from his unbridledness, but also wisdom and knowledge that distract people from their duties. In order to counteract vicious tendencies, Guan Zhong, also, apparently, the first, proposed using punishment as the main method of management: “when people are afraid of punishment, it is easy to manage” ( Guanzi, Ch. 48).

This line was continued by Zi Chan (c. 580 - c. 522 BC), the first adviser to the ruler of the Zheng kingdom, according to Zuo Zhuang(Zhao-gun, 18, 6), who believed that "the path (tao) of Heaven is far, but the path of man is close and does not reach it." He broke the tradition of "judgment in conscience" and for the first time in China in 536 BC. codified criminal laws, ebb in metal (apparently, on tripod vessels) “code of punishments” (xing shu).

His contemporary and also a dignitary of the Zheng kingdom, Deng Xi (c. 545 - c. 501 BC) developed and democratized this undertaking by publishing the "bamboo [code of] punishment" (zhu xing). According to Dan Xi Tzu he expounded the doctrine of state power as a sole implementation by the ruler through the "laws" (fa) of the correct correspondence between "names" (min 2) and "realities" (shi). The ruler must master a special “technique” (shu 2) of management, which involves the ability to “see with the eyes of the Celestial Empire”, “listen with the ears of the Celestial Empire”, “argue with the mind of the Celestial Empire”. Like Heaven (tian), he cannot be "generous" (hou) to people: Heaven allows natural disasters, the ruler does not do without the application of punishments. He should be “serene” (ji 4) and “closed in himself” (“hidden” - cang), but at the same time “majestic-powerful” (wei 2) and “enlightened” (min 3) regarding the lawful correspondence of “names” and "realities".

In the period from the 4th to the first half of the 3rd c. BC. on the basis of individual ideas formulated by predecessors, practitioners of public administration, and under the influence of certain provisions of Taoism, Mohism and the "school of names", legalism was formed into a holistic independent teaching, which became the sharpest opposition to Confucianism. Humanism, love of the people, pacifism and ethical-ritual traditionalism of the latter were opposed by legalism to despotism, reverence for authority, militarism and legalistic innovation. From Taoism, the Legalists drew the idea of ​​the world process as a natural Way-Tao, in which nature is more significant than culture, from Mohism - a utilitarian approach to human values, the principle of equal opportunities and the deification of power, and from the "school of names" - the desire for the correct balance of "names" and "realities".

These general attitudes were concretized in the works of the classics of legalism Shen Dao (c. 395 - c. 315 BC), Shen Buhai (c. 385 - c. 337 BC), Shang (Gongsun) Yang (390 -338 BC) and Han Fei (c. 280 - c. 233 BC).

Shen Dao, originally close to Taoism, later began to preach "respect for the law" (shang fa) and "respect for the power" (zhong shi), since "the people are united by the ruler, and matters are decided by the law." The name Shen Dao is associated with the promotion of the category “shi” (“imperious force”), which combines the concepts of “power” and “strength” and gives content to the formal “law”. According to Shen Dao, "It is not enough to be worthy to subjugate the people, but it is enough to have power to subdue the worthy."

Another important legalistic category of "shu" - "technique/art [management]", which defines the relationship between "law/pattern" and "power/force", was developed by the first adviser to the ruler of the kingdom of Han, Shen Buhai. Following in the footsteps of Deng Xi, he brought into legalism the ideas of not only Taoism, but also the “school of names”, reflected in his teaching on “punishments/forms and names” (xing ming), according to which “realities must correspond to names” (xun ming ze shi). Focusing on the problems of the administrative apparatus, Shen Dao called for "elevating the sovereign and belittling officials" in such a way that they would be responsible for all executive duties, and he, demonstrating "non-action" (wu wei) to the Celestial Empire, secretly exercised control and authority.

Legist ideology reached its apogee in the theory and practice of the ruler of the Shang region in the kingdom of Qin, Gongsun Yang, who is considered the author of a masterpiece of Machiavellianism. shang jun shu. Having accepted the Mohist idea of ​​a machine-like structure of the state, Shang Yang, however, came to the opposite conclusion that it should win and, as Lao Tzu advised, stupefy the people, and not benefit them, for: “When the people are stupid, they are easy to control . And all this is due to the law” (ch. 26). The laws themselves are by no means inspired by God and are subject to change, since “the smart one makes laws, and the stupid one obeys them, the worthy one changes the rules of decency, and the worthless one is curbed by them” (ch. 1). “When the people are stronger than their authorities, the state is weak; when the authorities are stronger than their people, the army is powerful. [...] When transgressions are hidden, the people have overcome the law; when crimes are severely punished, the law has won over the people. When the people overcome the law, confusion reigns in the country; when the law conquers the people, the army is strengthened” (ch. 5). Therefore, the authorities should be stronger than their people and take care of the power of the army. The people, on the other hand, must be encouraged to engage in the dual most important business - agriculture and war, thereby relieving them of innumerable desires.

Managing people should be based on an understanding of their vicious, selfish nature. “If [govern] people as kind (shan), they will love their loved ones; but if [rule] people as vicious, they will love these orders. Cohesion [of people] and mutual surveillance [comes from being] controlled as vicious. Where [people are treated] as virtuous (shan), misdeeds are hidden; where [people are treated] as vicious, crimes are severely punished” (ch. 5). “People inherently strive for order, but their actions create disorder. Therefore, where people are severely punished for minor offenses, offenses disappear, and serious [crimes] simply have nowhere to come from.”

“Punishment gives birth to strength, strength gives birth to power, power gives birth to greatness, greatness (wei 2) gives birth to grace/virtue (de). So, virtue derives its origin from punishment” (ch. 5), therefore “in an exemplary government there are many punishments and few rewards” (ch. 7). “Eloquence and a sharp mind contribute to disorder; ritual and music promote licentiousness; kindness and humanity are the mother of offenses; the appointment and promotion of [virtuous people] is the source of vice” (ch. 1). The most important means of combating these "poisonous" phenomena of "culture" (wen) is recognized as war, which inevitably implies iron discipline and general unification.

Han Fei completed the formation of legalism by synthesizing the system of Shang Yang with the concepts of Shen Dao and Shen Buhai, as well as introducing some general theoretical provisions of Confucianism and Taoism into it. He developed the connection between the concepts of “tao” and “principle” (li 1), which was outlined by Xun Tzu and most important for subsequent philosophical systems (especially neo-Confucianism): “Tao is that which makes the darkness of things such that determines the darkness of principles. Principles are signs (wen) that form things. Tao is that by which the darkness of things is formed. Following the Taoists, Han Fei recognized for Tao not only a universal formative (cheng 2), but also a universal generative-revitalizing (sheng 2) function. Unlike Song Jian and Yin Wen, he believed that Tao could be represented in a "symbolic" (xiang 1) "form" (xing 2). The grace (de) that embodies the Tao in a person is strengthened by inaction and lack of desires, because sensory contacts with external objects waste the “spirit” (shen) and “seed essence” (ching 3). “A wonderful smell, a delicate taste, strong wine, fatty meat, pleasant to the mouth, threaten with illness. Pretty appearance and smile, white teeth, pleasing the senses, harm the seminal essence. Therefore, excess and excess are removed, and then there is no harm to the body ”(ch. 8). “If the spirit is not completely wasted under the influence of external objects, the preservation of the personality is achieved. Such completeness is called acquisition, i.e. acquisition is the acquisition of personality. All grace (de) accumulates due to inaction, is fulfilled due to the absence of desires, reaches a calm state due to the absence of thoughts, grows stronger in the absence of application; but if you act and desire, then there is no place for grace” (ch. 20).

From this it follows that in politics it is useful to maintain quiet secrecy. “Deeds come to a positive result thanks to the mystery, and word projects collapse due to the fact that they are discovered” (ch. 12). It is necessary to indulge in one’s nature and one’s predestination, and not “teach people humanity and due justice,” which are as inexpressible as intelligence and longevity: “Now there are those who say to people:“ I can certainly make you smart and long-lived. But the whole world considers this nonsense: after all, the mind [is given] by nature, and longevity [is given] by predestination (min). Nature and destiny are things that people cannot comprehend. And to seduce people with what they cannot do, the whole world calls [this] nonsense. [...] The mind of the people cannot be used as well as the heart of a child” (ch. 50).

The next extremely short historical period in the development of legalism became for him historically the most significant. Back in the 4th c. BC. it was adopted in the state of Qin, and after the conquest of neighboring states by the Qin and the emergence of the first centralized empire in China, it acquired the status of the first all-Chinese official ideology, thus ahead of Confucianism, which had great rights to it. However, the illegal celebration did not last long. Having existed for only a decade and a half, but leaving a bad memory of itself for centuries, struck by utopian gigantomania, cruel servility and rationalized obscurantism, the Qin empire at the end of the 3rd century. BC. collapsed, burying under its rubble the formidable glory of legalism.

Confucianism, by the middle of the 2nd c. BC. achieved revenge in the official orthodox field, taking into account previous experience through the skillful assimilation of a number of pragmatically effective principles of the Legalist doctrine of society and the state. Morally ennobled by Confucianism, these principles were implemented in the official theory and practice of the Middle Empire until the beginning of the 20th century.

Even in spite of the persistent Confucian idiosyncrasy on legalism, in the Middle Ages the prominent statesman, reforming chancellor and Confucian philosopher Wang Anshi (1021-1086) included in his socio-political program small misdemeanors"), about the encouragement of military prowess (at 2), about the mutual responsibility of officials, about the refusal to recognize the absolute priority of "ancient" (gu) over modernity.

At the end of the 19th - beginning of the 20th century. legalism attracted the attention of reformers, who saw in it a theoretical justification for limiting the imperial omnipotence by law, consecrated by official Confucianism.

After the fall of the empire, in the 1920s–1940s, the “etatists” (guojiazhui pai) began to propagate the Legist apologetics of statehood, and, in particular, their ideologist Chen Qitian (1893–1975), who advocated the creation of “neolegism”. Kuomintang theorists led by Chiang Kai-shek (1887–1975) held similar views, declaring the legist nature of state planning of the economy and the policy of "people's welfare".

In the People's Republic of China, during the "criticism of Lin Biao and Confucius" campaign (1973–1976), the Legists were officially declared progressive reformers who fought conservative Confucians for the victory of emerging feudalism over obsolete slavery, and the ideological predecessors of Maoism.

Shang Yang (390-338 BC), the ruler of the Shang region, is considered the founder of Legalism. He states that the people have dissolved, strive for pleasures, forget their main occupation - agriculture, and the revenues of the treasury are falling. General appeals no longer help, speeches in the style of Confucius - too. That is why it is necessary to establish uniformity in thoughts and actions: strengthen the bureaucratic and punitive apparatus, introduce strict norms that define all spheres of life, mandatory for everyone and guaranteed by the “fa” punishment, and not by the “li” ritual, and put things in order. The Latinized name of the school ( "fa" - order) - "legism". In the writings of the "legists" the state was seen as a self-sufficient institution, the meaning and purpose of the existence of society, oriental despotism.

Shang Yang, who acted as the ancient Chinese Machiavelli, outlined his views in the treatise “The Book of the Governor of the Shang Region.” “When the people are weak, the state is strong, when the state is strong, the people are weak. Therefore, a state that follows the true path seeks to weaken the people,” says the section “How to weaken the people.” According to Shang Yang, a lot of criminals will certainly appear in the state if management is built on the basis of human virtue. Only in that state will there be a firm order, where virtuous people are considered as potentially vicious.

Good government must be based on uniform laws binding on all. Entering into controversy with Confucius, Shang Yang declared unattainable the image of a humane ruler who follows the principles of philanthropy and justice.

Shang Yang saw effective method government in punishment. “Good government is done through punishment,” emphasizes the chapter “Severe Directives.” In an effort to strengthen the role of punishment, Shang Yang attached particular importance to the system of mutual responsibility, which connected not only relatives and neighbors, but also people engaged in a common cause.

Shang Yang singled out two main occupations - agriculture and war, which should subjugate all other human interests. In order to justify the need to concentrate the efforts of the people on agriculture and the conduct of wars, a special term "United" is introduced. For Shang Yang, the “perfectly wise” ruler was the one who was able to force the people to engage in agriculture, and at the same time to wage wars of conquest.

At the beginning of the Han era, neither Legalism nor Confucianism was an official ideology. Individual emperors (for example, Wen-di) studied Legalism not without enthusiasm. At the same time, by the middle of the II century. BC e., as the strengthening of the court bureaucracy went on, Confucianism again began to arouse interest. The bureaucracy needed an ideology that justified its right to power. But the revival of Confucianism did not mean a simple reproduction of the teachings of Confucius.

The formation of orthodox Confucianism, which has become an official ideology, should be associated with the name of Dong Zhongshu (187-120 BC). In 140 BC. e. a special imperial edict appeared, prohibiting the adoption of public service legalist supporters. Under Emperor Wudi (140-87 BC), a number of nationwide measures were taken to restore Confucian cults and rituals.

With all the severity of the decrees and the sharpness of criticism of the acts of Shang Yang, the Legalist teaching did not sink into the past, having had a considerable impact on the formation of official Confucianism. And this is not surprising. Many laws, the system of organization of state power turned out to be borrowed from the legalists. The established state machine could be set in motion using the usual methods of government based on violence and unquestioning obedience to the law.

The main management ideas of legalism:

• 1. The impossibility of returning to antiquity.
• 2. The principle of etatism: the interests of the state are above all.
• 3. The main purpose of the state is to resist the evil inclination in human nature. Man is the source of social evil.
• 4. The concept of an ideal state includes: a) a strong supreme power; b) an army armed to the teeth; c) the centralization of the state; d) limiting the arbitrariness of officials and local rulers; e) uniform order and laws.
• 5. The role of laws. Laws must be uniform and equal for all. People must be equal before the law. The law is punishment. The main method of state administration is the method of punishments and rewards. Rewards should be few and punishments many. The criminal law in the state should be very cruel - the widespread use of the death penalty, and painful.
• 6. Condemnation of mercy and humanism.
• 7. The relationship between the government and the people was seen as a confrontation between the warring parties.
• 8. Encouragement of agriculture, and in general - industriousness and frugality, condemnation of idleness and secondary occupations - such as art and trade.
• 9. In a model state, the ruler's power is based on force, the supreme goal of the sovereign's activity is the creation of a powerful state capable of uniting China through wars of conquest.
• 10. The image of an ideal ruler. The ideal ruler should: a) instill fear in his people; b) surround your life with mystery; c) control officials and trust no one; d) make political decisions based on the fact that no one can be trusted.

Many legalist principles were put into practice. The positive aspect of this is the formation of a strong centralized state in China, the negative aspect is the establishment of despotic rule in the country.

One of the prominent representatives of the legalist school is Han Fei-tzu "Teacher Han Fei" (280-233 BC). The collection "Han Fei-zi" consists of 55 chapters (sections) on the art of a manager who is selfish and reacts only to punishments or rewards. "Effective government requires the presence of laws, the authority of government and skillful managers." "Clear and well-articulated laws of the ruler - instead of vague moral norms." " Political power must belong only to the ruler and cannot be shared by him with the aristocracy and ministers. "The ruler governs with the help of a complex but well-designed bureaucratic system, which is under his complete control." "Order in society is achievable only when the "names" correspond to reality." "Just as nature without visible effort gives rise to the darkness of things, the ruler must manage everything without taking a visible active part in management."

If we try to succinctly formulate the ideas of Han Fei-tzu, we can say that he proposed to govern with the help of laws that affirm the absolute power of the ruler. He singled out the main factors influencing the effectiveness of management: the law "fa", power, or strength "shi", and the political art "shu". Thanks to him, the rule (thesis) that "Law, power and political art are the three main components of effective government" entered into political thought and science.

Since the days of legalism, knowledge of the laws and rules of management has been considered mandatory for a statesman.

After the 2nd century BC e. The official ideology of China began to combine both the principles of Legalism and Confucianism.

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CHINESE PHILOSOPHY. LEGISM

Legalism, or "school of law", is formed in the 4th-3rd centuries. BC. theoretical substantiation of the totalitarian-despotic government of the state and society, which was the first in Chinese theory to achieve the status of a single official ideology in the first centralized Qin empire (221-207 BC). Legist doctrine is expressed in authentic treatises of the 4th-3rd centuries. BC. Guanzi ([[Treatise]] of Master Guan [[Zhong]]), Shang jun shu (Book of the ruler of [[area]] Shang [[Gongsun Yang]]), Shenzi ([[Treatise]] Master Shen [ [Buhaya]]), Han Fei-tzu ([[Treatise]] of Master Han Fei), as well as less significant due to doubts about the authenticity and content non-differentiation regarding the "school of names" and Taoism Deng Xi-tzu ([[Treatise] ] Master Deng Xi) and Shenzi ([[Treatise]] Master Shen [[Tao]]). In the latent period of the 7th-5th centuries. BC. protolegist principles were worked out in practice. Guan Zhong (? - 645 BC), adviser to the ruler of the kingdom of Qi, was apparently the first in the history of China to put forward the concept of governing the country on the basis of "law" (fa), defined by him as "the father and mother of the people" (Guan -zi, ch. 16), which was previously used only as a definition of the sovereign. Law Guan Zhong opposed not only the ruler, over whom he should rise and whom he should limit in order to protect the people from his unbridledness, but also wisdom and knowledge that distract people from their duties. To counteract vicious tendencies, Guan Zhong, also, apparently, the first, suggested using punishments as the main method of management: "when punishments are feared, it is easy to manage" (Kuan Tzu, ch. 48). This line was continued by Zi Chan (c. 580 - c. 522 BC), the first adviser to the ruler of the Zheng kingdom, according to Zuo zhuan (Zhao-gong, 18, 6), who believed that "the way (tao Heaven is far away, but the path of man is close and does not reach him. He broke the tradition of "judgment in conscience" and for the first time in China in 536 BC. codified criminal laws, ebb in metal (apparently, on vessels-tripods) "code of punishment" (xing shu). His contemporary and also a dignitary of the Zheng kingdom, Deng Xi (c. 545 - c. 501 BC) developed and democratized this undertaking by publishing the "bamboo [[code of]] punishment" (zhu xing). According to Deng Xi-tzu, he expounded the doctrine of state power as a sole implementation by the ruler through the "laws" (fa) of the correct correspondence between "names" (min2) and "realities" (shi). The ruler must master a special "technique" (shu2) of management, which implies the ability to "see with the eyes of the Celestial Empire", "listen with the ears of the Celestial Empire", "argue with the mind of the Celestial Empire". Like Heaven (tian), he cannot be "generous" (hou) to people: Heaven allows natural disasters, the ruler does not do without the application of punishments. He should be "serene" (ji4) and "closed in himself" ("hidden" - cang), but at the same time "majestic-powerful" (wei2) and "enlightened" (min3) regarding the lawful correspondence of "names" and "realities" . In the period from the 4th to the first half of the 3rd c. BC. on the basis of individual ideas formulated by predecessors, the practitioners of public administration, and under the influence of certain provisions of Taoism, Mohism and the "school of names", legalism was formed into a holistic independent doctrine, which became the sharpest opposition to Confucianism. Humanism, love of the people, pacifism and ethical-ritual traditionalism of the latter were opposed by legalism to despotism, reverence for authority, militarism and legalistic innovation. From Taoism, the legalists drew the idea of ​​the world process as a natural Way-dao, in which nature is more significant than culture, from Mohism - a utilitarian approach to human values, the principle of equal opportunities and the deification of power, and from the "school of names" - the desire for the correct balance of "names" and "realities". These general attitudes were concretized in the works of the classics of legalism Shen Dao (c. 395 - c. 315 BC), Shen Buhai (c. 385 - c. 337 BC), Shang (Gongsun) Yang (390 -338 BC) and Han Fei (c. 280 - c. 233 BC). Shen Dao, originally close to Taoism, later began to preach "respect for the law" (shang fa) and "respect for the power" (zhong shi), since "the people are united by the ruler, and matters are decided by the law." The name Shen Dao is associated with the promotion of the category "shi" ("imperious force"), which combines the concepts of "power" and "strength" and gives content to the formal "law". According to Shen Dao, "It is not enough to be worthy to subdue the people, but it is enough to have power to subdue the worthy." Another major legalistic category of "shu" - "technique/art [[management]]", which defines the relationship between "law/pattern" and "power/force", was developed by the first adviser to the ruler of the kingdom of Han, Shen Buhai. Following in the footsteps of Deng Xi, he brought into legalism the ideas of not only Taoism, but also the "school of names", reflected in his teaching on "punishments / forms and names" (xing min), according to which "realities must correspond to names" (xun min ze shi). Focusing on the problems of the administrative apparatus, Shen Dao called for "elevating the sovereign and belittling officials" in such a way that they would bear all executive duties, and he, demonstrating "non-action" (wu wei) to the Celestial Empire, secretly exercised control and authority. The Legist ideology reached its apogee in the theory and practice of the ruler of the Shang region in the kingdom of Qin, Gongsun Yang, who is considered the author of Shang jun shu, a masterpiece of Machiavellianism. Having accepted the Mohist idea of ​​a machine-like structure of the state, Shang Yang, however, came to the opposite conclusion that it should win and, as Lao Tzu advised, stupefy the people, and not benefit them, because "when the people are stupid, they are easy to control "with the help of the law (chap. 26). The laws themselves are by no means inspired by God and are subject to change, since "the smart one makes laws, and the stupid one obeys them, the worthy one changes the rules of decency, and the worthless one is curbed by them" (ch. 1). "When the people defeat the law, confusion reigns in the country; when the law defeats the people, the army strengthens" (ch. 5), so the authorities should be stronger than their people and take care of the power of the army. The people, on the other hand, must be encouraged to engage in the dual most important thing - agriculture and war, thereby saving them from innumerable desires. Management of people should be based on an understanding of their vicious, selfish nature, the criminal manifestations of which are subject to severe punishments. "Punishment gives rise to strength, strength gives rise to power, power gives rise to greatness, greatness (wei2) gives rise to grace/virtue (te)" (ch. 5), therefore "in an exemplary ruled state there are many punishments and few rewards" (ch. 7). On the contrary, eloquence and intelligence, decency and music, grace and humanity, appointment and promotion lead only to vice and disorder. The most important means of combating these "poisonous" phenomena of "culture" (wen) is recognized as war, which inevitably presupposes iron discipline and general unification. Han Fei completed the formation of legalism by synthesizing the system of Shang Yang with the concepts of Shen Dao and Shen Buhai, as well as introducing some general theoretical provisions of Confucianism and Taoism into it. He developed the connection between the concepts of "tao" and "principle" (li1), which was outlined by Xun Tzu and most important for subsequent philosophical systems (especially Neo-Confucian): "Tao is that which makes the darkness of things such that determines the darkness of principles. Principles are the signs that form things. (wen) Tao is that by which the darkness of things is formed." Following the Taoists, Han Fei recognized for Tao not only a universal formative (cheng2), but also a universal generative-revitalizing (sheng2) function. Unlike Song Jian and Yin Wen, he believed that Tao could be represented in a "symbolic" (xiang1) "form" (xing2). The grace (de) that embodies the Tao in a person is strengthened by inaction and the absence of desires, because sensory contacts with external objects waste the "spirit" (shen) and "seed essence" (ching3). From this it follows that in politics it is useful to maintain quiet secrecy. We must surrender to our nature and our predestination, and not teach people humanity and due justice, which are as inexpressible as intelligence and longevity. The next extremely short historical period in the development of legalism became for him historically the most significant. Back in the 4th c. BC. it was adopted in the state of Qin, and after the conquest of neighboring states by the Qin and the emergence of the first centralized empire in China, it acquired the status of the first all-Chinese official ideology, thus ahead of Confucianism, which had great rights to it. However, the illegal celebration did not last long. Having existed for only a decade and a half, but leaving a bad memory of itself for centuries, struck by utopian gigantomania, cruel servility and rationalized obscurantism, the Qin empire at the end of the 3rd century. BC. collapsed, burying under its rubble the formidable glory of legalism. Confucianism, by the middle of the 2nd c. BC. achieved revenge in the official orthodox field, effectively taking into account previous experience through the skillful assimilation of a number of pragmatically effective principles of the Legalist doctrine of society and the state. Morally ennobled by Confucianism, these principles were implemented in the official theory and practice of the Middle Empire until the beginning of the 20th century. Even in spite of the persistent Confucian idiosyncrasy on Legalism, in the Middle Ages, a prominent statesman, reforming chancellor and Confucian philosopher Wang Anshi (1021-1086) included in his socio-political program Legalist provisions on reliance on laws, especially punitive ones ("severe punishments for small offenses"), about encouraging military prowess (y2), about the mutual responsibility of officials, about refusing to recognize the absolute priority of "ancient" (gu) over modernity. At the end of the 19th - beginning of the 20th century. legalism attracted the attention of reformers, who saw in it a theoretical justification for limiting the imperial omnipotence by law, consecrated by official Confucianism. After the fall of the empire, in the 1920s-1940s, the "etatists" (guojiazhuyi pai) began to propagate the legalistic apologetics of statehood, and, in particular, their ideologist Chen Qitian (1893-1975), who advocated the creation of "neolegism". Kuomintang theorists led by Chiang Kai-shek (1887-1975) also held similar views, declaring the legist nature of state planning of the economy and the policy of "people's welfare". In the People's Republic of China, during the "criticism of Lin Biao and Confucius" campaign (1973-1976), the Legists were officially declared progressive reformers who fought conservative Confucians for the victory of emerging feudalism over obsolete slavery, and the ideological predecessors of Maoism.

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