Legalism - what is it? Philosophy of Ancient China: Confucianism, Taoism, Mohism and Legalism Principles of Legalism

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CHINESE PHILOSOPHY. LEGISM


Legalism, or “school of law,” is a form formed in the 4th-3rd centuries. BC. theoretical justification for the totalitarian-despotic management of 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 Teacher Guan [[Zhong]]), Shang jun shu (Book of the ruler of [[region]] Shang [[Gongsun Yang]]), Shenzi ([[Treatise]] Teacher Shen [ [Drinking]]), Han Fei-tzu ([[Treatise]] of Teacher Han Fei), as well as less significant ones due to doubts about authenticity and substantive non-differentiation regarding the “school of names” and Taoism of Deng Xi-tzu ([[Treatise] ] Teacher Deng Xi) and Shen Tzu ([[Treatise]] of the teacher Shen [[Tao]]). During the latent period of the 7th-5th centuries. BC. protolegist principles were developed 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” (Guan -tzu, ch. 16), which was previously used only as a definition of a sovereign. Guan Zhong opposed the law not only to the ruler, over whom he must rise and whom he must limit in order to protect the people from his unbridledness, but also to wisdom and knowledge that distract people from their duties. To counteract vicious tendencies, Guan Zhong, also, apparently, the first, proposed the use of punishment as the main method of management: “when they are afraid of punishment, it is easy to govern” (Guanzi, ch. 48). This line was continued by Zi Chan (c. 580 - c. 522 BC), the first adviser to the ruler of the kingdom of Zheng, according to Zuo zhuani (Zhao-gong, 18, 6), who believed that “the path (Tao ) Heaven is far away, but man’s path is close and cannot be reached.” He broke the tradition of "trial according to conscience" and for the first time in China in 536 BC. codified criminal laws, casting in metal (apparently, on tripod vessels) a “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 initiative by publishing the “bamboo [[law of]] punishments” (zhu xing). According to Deng Hsi-tzu, he expounded the doctrine of state power as the sole exercise by the ruler, through “laws” (fa), of the correct correspondence between “names” (ming2) and “realities” (shi). The ruler must master a special “technique” (shu2) of management, which presupposes the ability to “see with the eyes of the Celestial Empire,” “listen with the ears of the Celestial Empire,” and “reason with the mind of the Celestial Empire.” Like Heaven (tian), he cannot be “generous” (hou) towards people: Heaven allows natural disasters, the ruler cannot do without the use of punishments. He must be “serene” (ji4) and “closed in himself” (“hidden” - tsang), but at the same time “majestic and powerful” (wei2) and “enlightened” (min3) regarding the law-like correspondence of “names” and “realities” . In the period from the 4th to the first half of the 3rd century. BC. on the basis of individual ideas formulated by predecessors, practitioners of public administration, and under the influence of some provisions of Taoism, Mohism and the “school of names,” legalism was formed into an integral independent teaching, which became the sharpest opposition to Confucianism. Legalism opposed humanism, love of people, pacifism and the ethical-ritual traditionalism of the latter with despotism, reverence for authority, militarism and legalistic innovation. From Taoism, legalists drew an 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 guidelines 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, initially close to Taoism, subsequently began to preach “respect for the law” (shang fa) and “respect for the power of authority” (zhong shi), since “the people are united by the ruler, and matters are decided by law.” The name Shen Dao is associated with the prominence of the category “shi” (“imperious force”), which combines the concepts of “power” and “strength” and gives meaningful 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 the power to subdue the worthy.” Another important legist category of “shu” - “technique/art of [[management]]”, which defines the relationship between “law/pattern” and “power/force”, was developed by the first adviser to the ruler of the Han kingdom, Shen Buhai. Following in the footsteps of Deng Xi, he introduced into legalism the ideas of not only Taoism, but also the “school of names,” reflected in his doctrine of “punishments/forms and names” (xing ming), according to which “realities must correspond to names” (xun ming Jie Shi). Focusing on the problems of the administrative apparatus, Shen Dao called for “raising the sovereign and humiliating officials” in such a way that all executive responsibilities fell on them, and he, demonstrating “inaction” (wu wei) to the Celestial Empire, secretly exercised control and power. Legist ideology reached its apogee in the theory and practice of the ruler of the Shang region in the Qin kingdom, Gongsun Yang, who is considered the author of the 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, because “when the people are stupid, they are easy to control.” "with the help of the law (chapter 26). The laws themselves are by no means inspired by God and are subject to change, since “a smart person makes laws, and a fool obeys them, a worthy person changes the rules of decency, and a worthless person is curbed by them” (chapter 1). “When the people defeat the law, turmoil reigns in the country; when the law defeats the people, the army strengthens” (chapter 5), therefore the government should be stronger than its people and take care of the power of the army. The people must be encouraged to engage in two most important things - agriculture and war, thereby saving them from innumerable desires. Managing people should be based on an understanding of their vicious, selfish nature, the criminal manifestations of which are subject to severe punishment. “Punishment gives birth to strength, strength gives birth to power, power gives birth to greatness, greatness (wei2) gives birth to grace/virtue (de)” (chapter 5), therefore “in an exemplary governed state there are many punishments and few rewards” (chapter 7). On the contrary, eloquence and intelligence, decency and music, mercy and humanity, appointment and promotion lead only to vices and disorder. War, which inevitably presupposes iron discipline and general unification, is recognized as the most important means of combating these “poisonous” phenomena of “culture” (wen). Han Fei completed the formation of legalism by synthesizing the Shang Yang system with the concepts of Shen Dao and Shen Buhai, as well as introducing into it some general theoretical provisions of Confucianism and Taoism. He developed the connection between the concepts of “Tao” and “principle” (li1), outlined by Xun Tzu and the most important for subsequent philosophical systems (especially neo-Confucian): “Tao is what makes the darkness of things such that it determines the darkness of principles. Principles are the signs that form things (wen). Tao is what creates the darkness of things." Following the Taoists, Han Fei recognized Tao not only as a universal formative (cheng2), but also a universal generative-life-giving (sheng2) function. Unlike Song Jian and Yin Wen, he believed that the 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 lack of desires, because sensory contacts with external objects waste the “spirit” (shen) and the “seed essence” (jing3). It follows that in politics it is useful to adhere to calm secrecy. We must indulge in our nature and our predestination, and not teach people humanity and due justice, which are as indescribable as intelligence and longevity. The next extremely short historical period in the development of legalism became historically the most significant for it. Back in the 4th century. BC. it was adopted by the Qin state, and following the conquest of neighboring states by the Qin people 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 this. 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 century. 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 found implementation in the official theory and practice of the Middle Empire until the beginning of the 20th century. Even despite the persistent Confucian idiosyncrasy towards legalism in the Middle Ages, a major statesman, reformer chancellor and Confucian philosopher Wang Anshi (1021-1086) included legalist provisions in his socio-political program about relying on laws, especially punitive ones (“severe punishments for minor offenses"), on the encouragement of military valor (u2), on the mutual responsibility of officials, on the refusal to recognize the absolute priority of "antiquity" (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 the limitation by law of imperial omnipotence, sanctified by official Confucianism. After the fall of the empire, in the 1920-1940s, legalist apologetics for statehood began to be propagated by “statists” (guojiazhui pai) and, in particular, their ideologist Chen Qitian (1893-1975), who advocated the creation of “neo-legism.” Similar views were held by the Kuomintang theorists led by Chiang Kai-shek (1887-1975), who declared the legalist nature of state economic planning and the policy of “people's welfare.” In the PRC, during the campaign of “criticism of Lin Piao and Confucius” (1973-1976), the legalists were officially declared progressive reformers who fought with conservative Confucians for the victory of nascent feudalism over obsolete slavery, and the ideological predecessors of Maoism.

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From the book History of Religion in 2 volumes [In Search of the Path, Truth and Life + The Path of Christianity] author Men Alexander

CHINESE PHILOSOPHY On the banks of the Yellow River China, VIII–VI centuries. BC A tall, yellow-faced old man with a long beard, thick black eyebrows and a bare, knobby skull. This is how Chinese artists depicted it. He was often depicted sitting on a bull, which carried him to distant places.

The civilization of Ancient China arose 7-5 thousand years ago in the basins of the Yangtze and Yellow Rivers, in the east of the Asian continent and for a long time was in relative isolation from the influence of other cultures.

This civilization developed at a fairly rapid pace and reached its highest level even before the beginning of the 1st millennium BC. It was China that gave the world such amazing discoveries as gunpowder, silk, battering guns and the compass.

The whole world knows the teachings of the outstanding Chinese philosopher Confucius, which has become the state religion and ideology, philosophy and ethical teaching for many generations of Chinese.

But if many people know about Confucianism or Tao - the religious teaching about the eternal path to perfection, then few have heard about Legalism. Today we will talk about this philosophical doctrine and its features.

National ancient religions of China

At the dawn of civilization, all religious teachings are closely related to mythology and try to explain the appearance of the earth and humanity as a whole. The first religious teachings are shamanism, totemism and animism. That is, people endowed all living beings with souls, as well as the forces of nature. In addition, they considered people and animals to be brothers, related by blood.

They revered the souls of their ancestors, who were considered protectors and advisers of all those living today. Priests or shamans who conveyed the will of the gods and were able to ask the gods for the fulfillment of desires through their ritual actions were highly respected in society.

The Birth of Confucianism

In the 6th century BC. The great Confucius lived in China, whom we still remember with great respect today. His teaching cannot be considered a religion in the sense that we are accustomed to understanding it, but nevertheless it is a philosophical ethical teaching capable of harmonizing relations in society between people and between the ruler and his subjects.

Confucius believed that a wise ruler behaves like a condescending father towards his subjects, and they, in turn, obey him with respect and love.

He considered leniency and respect for each other to be the main ethical values; on the basis of these concepts we must build our relationships, and then harmony and order will reign in society. Virtue in the understanding of Confucius is philanthropy, respect for parents and elders, as well as dignitaries, a sense of duty and the performance of rituals.

300 years after the death of the great scientist, Confucianism became the state religion and stepped far beyond the borders of the Celestial Empire.

Tao - the eternal path

The founder of the teaching of Taoism is considered to be the legendary teacher Confucius, who lived in China in the 6th century BC.

The concept of Tao is an eternal path in the search for perfection, independent of the will of Heaven and the Supreme Lord. Tao has neither beginning nor end, so our life is in perpetual motion. The eternal path is universal justice and harmony, a symbol of goodness and happiness. In relation to Tao, there are neither rich nor poor, neither noble nor ordinary people, everyone is equal and everyone is in the same position.

Any person only moves along the right path, but does not change anything in his life. One of the main principles of Taoism is the principle of non-activity and practical activity.

Everything that is created by man, both material and spiritual, is all unnatural and contrary to the laws of the eternal path.

What is legalism?

Legalism is one of the six schools of philosophy in Ancient China, otherwise it was called the “school of legalists.” The theoretical basis for this teaching was given by Shang Yang, who was the ruler of the Shang region in the 4th century BC.

The main issue of the school of legalists was the question of proper government. Philosophers believed that politics and morality are incompatible things; in an ideal state there should be two areas of activity - rewarding and punishing its citizens.

The dominant idea of ​​the school of this direction was the complete equality of all people before the law, and before the authorities, and before the Gods. Therefore, they believed that titles and ranks should be given not according to birthright, but according to abilities and merits. A man of low birth could become the first minister of a mandarin, and, conversely, a stupid nobleman should lose all his titles.

The main thesis of legalism is complete submission to the existing law. The only exception to this rule is the supreme ruler, to whom all things are subject. The only true punishment for dissidents is the death penalty.

Ideas of the philosophical school of legalism

Since everyone is born equal before the law and the authorities, and the Gods, the one who has proven his devotion to the Motherland and society deserves a reward in the first place.

You can achieve great success in political activity if you engage in education and accurate calculations.

In your activities you need to skillfully combine the experience of ancient rulers and modern requirements.

Since politics and economics are closely related, a smart minister must study the economic situation of all segments of the population, without exception, and then, based on the data obtained, carry out political reforms.

All power is concentrated in the hands of the supreme ruler; the governors are only subordinate to him and do not have the authority to govern independently. “A wise ruler does not cause chaos, but restores order with the help of law and strong authority.”

To ensure the representation of rich and noble representatives in the bureaucracy, some positions should be sold.

The main and only task of every official is complete subordination to the supreme power.

Uniform and unshakable laws on criminal and administrative law should be established for the entire Celestial Empire.

An ideal state protects its laws with the help of security forces.

Every offense must be punished, with the main punishment being the death penalty. Any dissent is also punishable by death.

The main task of real power is the unification of China under the auspices of a strong government and the expansion of territory through wars of conquest.

Later philosophers - theorists of legalism abandoned some extreme theories and brought legalism closer to the philosophical teachings of Confucianism and Taoism that existed before it.

Legalism theorists

Shyn Buhai- stood at the origins of legalism, his ideas are close to the theory of Confucius. He developed his theory of proper management of a huge state and the relationship between power and subjects.

Guan Zhuang– a supporter of total control by the authorities over all areas of society, but at the same time a supporter of targeted government assistance to the poorest segments of the population.

Shin Yang- the ruler of the Shan province, a supporter of militarism and who managed to create a strong army that terrified the surrounding countries. He persistently supported artisans and tried to improve agriculture. At the same time, he skillfully replenished the state treasury from the property of rich merchants who were turned into slaves and deprived of their property. He removed from government the aristocracy who did not hold any military posts in the active army.

Veo Lao Tzu- a supporter of humanity and mercy in matters of government, supported Confucianism and tried to bring the teachings of the philosopher to the broad masses of the population. But at the same time he wanted to turn the country into a military base and proposed to ban all crafts that were not related to military affairs.

Prince Fan Hei- a supporter of Taoism, believed that it was necessary to simply go with the flow, without trying to change the course of things. An ideal state does not interfere in the affairs of its citizens, and citizens do not try to change the course of history or interfere in state policy.

Already in the 3rd century BC. legalism so merged with pre-existing moral and ethical teachings that it ceased to exist independently.

Consequences of following the teachings of legalism

The recognition of the legalist school and its introduction into the management system allowed China to significantly strengthen its authority in the system of international relations and begin to expand its territories.

At the same time, the exploitation of the common people intensified, the extreme despotism of the authorities led to the enslavement of the peasants and increased repression, followed by mass executions.

Due to the fact that fear and suspicion had become established in society, the later legalists tried to abandon total control and introduce the moral and ethical principles of Confucianism into their teaching: mercy, philanthropy and forbearance towards each other.

Gradually, legalism as a philosophical doctrine faded away, and already in the 1st century BC it was replaced by Confucianism. Both Mohism and Taoism were strongly influenced by Buddhism and, as a result, lost their influence on the formation of social thought.

LEGISM

LEGISM

(lat. (legis) -, Chinese fa jia - lit. school of law,) - one of the six main schools of ancient China. philosophy. The founders of the school of law are traditionally considered to be major political figures: Guan Zhong (8th-7th centuries BC), Zi Chan (5th century BC) and Li Kui (5th century BC) . The main theorists of Lithuania were Shang Yang (4th century BC) and Han Fei (3rd century BC). The views of the first are set out in the book “Shang Jun Shu” (“Book of the Ruler of the Shang Region”), and the second - in the written monument “Han Fei-tzu”. The greatest contribution to the theory of light was made by Shang Yang (Gongsun Yang, 390-338 BC).
The basis of the doctrine of L. is the doctrine of the unconditional supremacy of legal law (fa) in the life of society and society. Only the ruler can be the creator of laws. “If the law is followed in everything, the country will enjoy order,” wrote Shang Yang. 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 the traditional system of their inheritance). Shang Yang considered the system of strict punishments for violating the ruler’s orders, regardless of the severity of the crime, to be a source of “strength and virtue.” He also considered denunciations and mutual surveillance, which he called a “system of mutual responsibility,” as a significant addition to this policy.
An important element of Shang Yang's social theory was the need to “weaken the people,” turning them into meek, obedient to the will of the ruler.
The teachings of Shang Yang, supplemented by Han Fei’s concept of the “art of government,” were subsequently included in their 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. Many philosophers and political figures in China showed interest in the teachings of the legalists until the end. 20th century

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

LEGISM

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

Lithuania developed in an intense struggle with early Confucianism, with which it strove to create a powerful, well-governed state, diverging, however, in Philosopher justification and methods of its construction. If morals were brought to the fore. qualities of people, then L. proceeded from the laws and proved that it was incompatible with morality. The ruler needs to have a good understanding of the psychology of people in order to successfully manage them. Basic influences - rewards and punishments, and the latter should prevail over the former. Center. L.'s program was focused on the desire to strengthen the state through the development of agriculture, building a strong army capable of expanding the borders of the country, and stupefying the people.

The legalists created the concept of despoticism. 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 system. management system that existed without fundamental changes until beginning 20 V. Basic L.'s ideas: state economic regulation processes in the country; systematic update state apparatus by appointing officials (instead of the traditional principle of inheritance of positions); a unified principle for assigning ranks of nobility, positions, privileges and salaries for service in the army and military. merit; equal opportunities for promotion to admin. posts; clear gradation within the ruling class; unification of the thinking of officials; personal official; censorship of workers' activities state apparatus.

Yan Yu n - g o, History of ancient China. ideology, M., 1957, With. 400-09; Ancient China , vol. 2, M., 1973, With. 14-57, 210-83; Perelomov L.S., Confucianism and L. in politics. 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. editor: L. F. Ilyichev, P. N. Fedoseev, S. M. Kovalev, V. G. Panov. 1983 .

LEGISM

LEGISM (legisme, legalism) is a designation adopted in Western science for the school of fa jia - “legalists”, one of the main directions of ancient Chinese ethical-political (from the Latin lex, genitive case, legis-law). The founders of the theory and practice of legalism are considered to be Guan Zhong (late 8th-7th centuries BC), Zi Chan (6th century BC), as well as Li Kui, Li Ke (perhaps this is the same person) , Wu Qi (4th century BC). The largest theorists of legalism are Shang Yang, Shen Dao, Shen Buhai (4th century BC) and Han Fei (3rd century BC; see “Han Fei-tzu”).

The doctrine of legalism is based on the doctrine of the primacy of a single legal law (fa) in the life of the state. The creator of the law can only be an autocratic ruler. Unlike decency, laws can be changed and revised in accordance with the needs of the moment. Other important aspects of 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.

The theorists of legalism created a coherent concept of a despotic state, functioning under the condition of the unlimited power of the ruler, who alone controls the unified administrative apparatus. They proposed the idea of ​​state regulation of the economy, Ch. O. through measures to encourage agriculture and streamline taxation, a system of centralized government 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), the way of thinking of subjects, censorial supervision of officials, a system of mutual responsibility and group responsibility. Objectively, politics in line with legalism led to limiting the influence of the hereditary nobility and the destruction of some mechanisms of the functioning of traditional patronymy, which prevented the exercise of the sole power of the monarch, as well as to strengthening the role of the regular administration.

According to the doctrine of legalism, the relationship between the ruler and the people can only be antagonistic. The task of the sovereign is to “weaken the people.” To do this, it should be limited and the welfare of the subjects depends on 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 external to the consciousness of the subject, since they distract him from fulfilling his main duties to the sovereign. The management of the people and the bureaucracy must be built on the main imperative of human activity - the “desire for profit.” Therefore, the main methods of management were rewards and punishments with dominance and maximum severity of the latter. The main measure of human merit is devotion to the sovereign, unquestioning obedience to the law and military merit, which should be considered the basis for appointment to positions and assignment of ranks of nobility. However, the ruler should not trust even the most worthy: it is necessary to encourage denunciation, be vigilant and ruthless, and not transfer any of his power to his subordinates. At the same time, in matters of management, the teaching of legalism prescribes to be guided not by personal whims, but only by the “great benefit” for the state, and to take into account the interests of subjects, primarily material ones.

Legalism's main ideological rival was Confucianism. The fight against it permeates all stages of the formation and evolution of legalism as an independent ideological direction. The first stage (7-5 ​​centuries BC) is marked by the reforms of Guan Zhong in the kingdom of Qi, aimed at introducing uniform legislation and 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 were created, who completed the detailed development of the doctrine of legalism. During the same period, the theoretical synthesis of Confucian and Legist doctrines, realized in the teachings of Xunzi, clearly emerged for the first time. The third stage in the history of legalism was the most significant, despite its brevity: in 221 - 207 BC. e. Legalism became the official ideology of the centralized Qin Empire and the theoretical basis of the system of government. Qin Shihuang pursued a deliberate policy of limiting those cultures that threatened the dominance of legalist ideology. In 213 BC e. An imperial decree was carried out on the burning of humanities literature stored in private collections, with the exception of fortune-telling texts, books on medicine, pharmacology and agriculture (the literature was preserved in state archives). 460 Confucian scholars were buried alive in the ground, and many of their like-minded people were exiled to the border areas. The administration created by Qin Shihuang was unable to ensure the preservation of the Qin Empire after his death. Keep. 2nd century BC e. As the influence of the bureaucracy, which needed ideological justification for its place in society, increased, the court revived Confucianism. Confucian-oriented thinkers sought ways of ideological synthesis with legalism, which unprecedentedly increased the social role of bureaucratic institutions, but also severely limited the rights of officials in favor of the autocrat. In the works of the “father” of orthodox imperial Confucianism, Dong Zhongshu, the legalists are held responsible for all the troubles that befell the country, including the ruin of farmers, the increase in the number of lands in private ownership, the increase in taxes, officials, etc. However, the political program of the Dong Zhongshu was strongly influenced by the ideologists of legalism. He considered it possible to use violence for the purpose of control and to use the legalistic system of rewards and punishments. Han Confucianism also borrowed from Shang Yang the idea of ​​social mobility, replacing loyalty exclusively to the ruler with faith in the omnipotence of Confucian teachings.

In the Middle Ages, the authors of reform projects aimed at strengthening the state organization repeatedly turned to legist doctrines. However, in general, Confucians remained negative towards the ancient ideologists of Legalism.

In con. 19 - beginning 20th century legalism attracted individual figures in the reform movement. For example, Mai Menghua, a student of Kang Youwei, 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 governance based on the law. In the 1920s-40s. The statists became preachers of the ideas of legalism, with the goal of strengthening the structures of the national state. Thus, Chen Qitian considered it necessary to directly borrow from the theorists of legalism 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. The economic teachings of Guan Zhong and Shang Yang were repeatedly appealed to by the leaders of the Kuomintang, including Chiang Kai-shek, who argued that the legalist intervention of the state in the economy laid the foundation for economic planning and the policy of “people's welfare.” In 1972-76, the ideals of legalism were used by the CCP as part of the ideological campaign of “criticism of Lin Biao and Confucius.” The Legists were declared supporters of “modernity” and reforms, Confucians - champions of “antiquity,” which meant the practice of “building socialism” before the “cultural revolution” of 1966-69; the confrontation between Confucianism and Legalism was interpreted as a clash of ideologies, respectively, between the slave-owning society and the feudal society that was replacing it.

Lit.: Rubin V.A. Problems of the development of political thought of ancient China in the book by L. Vandermeersch “Formation of Legalism.” - “Peoples of Asia and Africa”, 1968. No. 2; It's him. Personality in ancient China. M., 1993; Vasiliev L. S. The state and the private owner in the theory and practice of legalism. - In: 5th scientific conference “Society in China”, v. 1. M., 1974; Perelomov L. S. Confucianism and Legalism in the political history of China. M., 1981; Lidai fa jia zhuzuo xuanzhu (Selected works with comments by legalists of various eras). Beijing, 1974; Qi Li, Fa jia zhenwu qi zhutso 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. N. 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. “Guan Tzu”, “Han Fei Tzu”, *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, qyt. fa jia “zangerler mektebi”) kytay philosophy syndagy mektep, sayasi aleumettik, kukukyktyk ilim. Negіzіn qalaushylar Shan Yan zane Han Fei bolyp esepteledi. Ossy filosofiyalyk mekteptin okilderi kogamnyn sayasi kurylysy adamny zhuris… … Philosophy terminerdin sozdigi

    LEGISM- “School of Law” is a form formed in the 4th-3rd centuries. BC. theoretical justification for the totalitarian despotic management of 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 a form formed in the 4th-3rd centuries. BC. theoretical justification for the totalitarian despotic management of state and society, which was the first in Chinese theory to achieve the status of a single official ideology in... ... Collier's Encyclopedia

    The philosophical school of the Zhanguo (Warring States) era, also known as the “School of Legalists” (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 the app. science designation of the school of fa jia legalists, one of the main. directions ancient whale ethical and political thoughts (from Latin lex, gender legis law) The founders of the theory and practice of literature are considered to be Guan Zhong (con. 8 7 ... Chinese philosophy. Encyclopedic Dictionary.

    LEGISM- school of law (fajia) in traditional Chinese philosophy. The founding of the school dates back to the period of the fighting states (Zhanguo), its flowering dates back to the period of the Qin Empire (221-202 BC). The main provisions of L. are set out in the book of Shang Yang Shang jun shu (... ... Modern philosophical dictionary

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

LEGISM (legisme, legalism) is a designation adopted in Western science for the school of fa jia - “legalists”, one of the main directions of ancient Chinese ethical and political thought (from the Latin lex, genitive case, legis - law). The founders of the theory and practice of legalism are considered to be Guan Zhong (late 8th–7th centuries BC), Zi Chan (6th century BC), as well as Li Kui, Li Ke (perhaps this is the same person) , Wu Qi (4th century BC). The largest theorists of legalism are Shang Yang, Shen Dao, Shen Buhai (4th century BC) and Han Fei (3rd century BC; see “Han Fei-tzu”).

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

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

According to the doctrine of legalism, the relationship between the ruler and the people can only be antagonistic. The task of the sovereign is to “weaken the people.” To do this, one should limit his education and make the welfare of his subjects dependent on autocratic power. The key to the power of the state and strengthening the power of the ruler is the concentration of efforts on the development of agriculture and waging wars. Moral norms, traditions and culture must be external to the consciousness of the subject, because distract him from fulfilling his main duties to the sovereign. The management of the people and the bureaucracy must be built on the main imperative of human activity - the “desire for profit.” Therefore, the legalists considered rewards and punishments with dominance and maximum severity of the latter to be the main methods of management. The main measure of human merit is devotion to the sovereign, unquestioning obedience to the law and military merit, which should be considered the basis for appointment to positions and assignment of ranks of nobility. However, the ruler should not trust even the most worthy: it is necessary to encourage denunciation, be vigilant and ruthless, and not transfer any of his power to his subordinates. At the same time, in matters of management, the teaching of legalism prescribes to be guided not by personal whims, but only by the “great benefit” for the state, and to take into account the interests of subjects, primarily material ones.

Legalism's main ideological rival was Confucianism. The fight against it permeates all stages of the formation and evolution of legalism as an independent ideological direction. The first stage (7th–5th centuries BC) is marked by Guan Zhong’s reforms in the kingdom of Qi, aimed at introducing uniform legislation and limiting 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 were created, who completed the detailed development of the doctrine of legalism. During the same period, the tendency towards a theoretical synthesis of Confucian and Legist doctrines, realized in the teachings of Xunzi, clearly manifested itself for the first time.

The third stage in the history of legalism was the most significant, despite its brevity: in 221–207 BC. Legalism became the official ideology of the centralized Qin Empire and the theoretical basis of the system of government. Qin Shihuang pursued a deliberate policy of limiting those areas of culture that threatened the dominance of legalist ideology. In 213 BC An imperial decree was carried out on the burning of humanities literature stored in private collections, with the exception of fortune-telling texts, books on medicine, pharmacology and agriculture (the literature was preserved in state archives). 460 Confucian scholars were buried alive in the ground, and a large number of their like-minded people were exiled to the border areas.

The control system created by Qin Shihuang was unable to ensure the preservation of the Qin Empire after his death. K ser. 2nd century BC. As the influence of the bureaucracy, which needed ideological justification for its place in society, increased, interest in Confucianism was revived at court. Confucian-oriented thinkers sought ways of ideological synthesis with legalism, which unprecedentedly increased the social role of bureaucratic institutions, but severely limited the status and rights of bureaucrats in favor of the autocrat. In the writings of the “father” of orthodox imperial Confucianism, Dong Zhongshu, legalists are held responsible for all the troubles that befell the country, incl. for the ruin of farmers, an increase in the amount of land in private ownership, an increase in taxes, the arbitrariness of officials, etc. However, the political program of Dong Zhongshu himself was strongly influenced by the ideologists of legalism. He considered it possible to use violence for the purpose of control and to use the legalistic system of rewards and punishments. Han Confucianism also 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, the authors of reform projects aimed at strengthening the state organization repeatedly turned to legist doctrines. However, in general, the attitude of Confucians towards the ancient ideologists of Legalism remained negative.

In con. 19 – beginning 20th century legalism attracted the attention of individual figures in the reform movement. For example, Mai Menghua, a student of Kang Youwei, 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, the reason for China's backwardness is the lack of rule based on the law. In the 1920s–40s. The statists became preachers of the ideas of legalism, with the goal of strengthening the structures of the national state. Thus, Chen Qitian considered it necessary to directly borrow from the theorists of legalism in order to create a “new legalist theory.” First of all, he was impressed by the ideas of strong power, a strong ruler and mutual responsibility. The economic teachings of Guan Zhong and Shang Yang were repeatedly addressed by the leaders of the Kuomintang, incl. Chiang Kai-shek, who argued that the legalist doctrine of state intervention in economic life laid the foundation for economic planning and the policy of “people's welfare.” In 1972–76, the apology for the ideals of legalism was used by the CCP during the ideological campaign of “criticism of Lin Biao and Confucius.” The Legalists were declared supporters of “modernity” and reforms, Confucians – champions of “antiquity,” which meant the practice and theory of “building socialism” before the “cultural revolution” of 1966–69; the confrontation between Confucianism and Legalism was interpreted as a clash of ideologies, respectively, between the slave-owning society and the feudal society that was replacing it.

L.S. Perelomov

New philosophical encyclopedia. In four volumes. / Institute of Philosophy RAS. Scientific ed. advice: V.S. Stepin, A.A. Guseinov, G.Yu. Semigin. M., Mysl, 2010, vol.II, E – M, p. 382-384.

Literature:

Rubin V.A. Problems of the development of political thought in ancient China in the book by L. Vandermeersch “The Formation of Legalism.” – “Peoples of Asia and Africa”, 1968. No. 2;

It's him. Personality and power in ancient China. M., 1993;

Vasiliev L.S. The state and the private owner in the theory and practice of legalism. – In: 5th scientific conference “Society and State in China”, v. 1. M., 1974;

Perelomov L.S. Confucianism and Legalism in the political history of China. M., 1981;

Lidai fa jia zhuzuo xuanzhu (Selected works with comments by legalists of various eras). Beijing, 1974;

Qi Li, Fa jia zhenwu ji qi zhutso 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;

Vandermeerseh L. La Formation du legisme. Recherce sur la constitution d'une philosophie politique caractéristique 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 Feizi”, “Shang Jun Shu”.

One way or another, correlated with the Vedas, the confrontation with Confucianism was significant in China. True, in India the delimitation into separate schools did not lead to official recognition of the priority of any one of the philosophical directions, while in China in the 2nd century BC e. achieved the official status of state ideology and managed to preserve it until the European Modern Age. Along with Confucianism, the most influential in the rivalry of the “hundred schools” (as the Chinese, in their characteristic form, designated the activity of the philosophical life of those times) were Mohism and Legalism.

In the history of philosophy as a science, there is still no generally accepted criterion for the periodization of Chinese philosophy. There are several reasons for its periodization.

In accordance with the European tradition of identifying the main eras, four periods of development of Chinese philosophy:

  • ancient (XI - III centuries BC);
  • medieval (III century BC - XIX century);
  • new (mid-19th century - May 4, 1919);
  • the newest (from 1919 to the present).

Chinese philosophy dates back more than two and a half millennia. By 221 BC. e., when the Qin dynasty united China, there were different philosophical movements in the country, with the main schools being Confucian and Taoist, which arose in the 6th century. BC e.

Chinese philosophy can be described in two words: harmony and tradition. Both in and in the red thread runs the idea of ​​harmony with nature and universal interconnection. Wisdom is drawn precisely from these concepts, without which a harmonious life is unthinkable. Unlike Western philosophy, the concepts of which are based on the premise of the separation of the world and God, when occurring events are determined by a higher will, the Chinese draw inspiration from a sense of the harmony of what is happening. Even when the terms heaven or fate are used, they are used to describe the surrounding reality rather than to identify some higher reality.

Another feature that characterizes Confucianism is its commitment to tradition and stability. Filial piety and holiness of any undertaking undertaken by the previous generation becomes an unshakable standard of behavior. The wisdom accumulated in the past is taken as a basis, which in turn gives rise to social stability and the immutability of the class structure of society.

In Chinese history, from the 14th century to the beginning of the 20th century, the social life of the Celestial Empire was strictly regulated, and Confucian ideas dominated the public consciousness. With the advent of the communists, traditional values ​​were declared feudal relics, and the principles of Confucius were destroyed.

Chinese way of thinking is a bizarre “mixture of what in the West is called metaphysics, ethics, etc. In the collection of sayings of Confucius you will find many recommendations and moral teachings, along with a huge amount of vague discussions on the topic of personality and social behavior.

So, let's look at the two largest philosophical schools of Ancient China: Confucianism and Taoism.

Confucianism

The founder of Confucianism was an ancient Chinese philosopher Confucius(Kung Fu Tzu, 551 - 479 BC). A follower of Confucius made a huge contribution to the development of this teaching. Mencius(372 - 289 BC). The main text of Confucianism is the “Four Books”, which includes the collection of speeches of Confucius “Lun Yu”, as well as the books “Mengzi”, “The Doctrine of the Mean” and “The Great Teaching”.

Philosophy of Ancient China: Confucianism, Taoism and Legalism

The philosophy of Ancient China was based on ideas about such entities as Tao- world law; the path along which the world develops; a substance that does not need any other causes, the basis of being; two opposite interdependent principles of being: Yin - masculine, active principle (spiritual nature), and Ian- feminine, passive principle (of a material nature); five elements - fire, earth, metal, water, tree(in other versions the place of the earth is taken air).

The most significant philosophical schools of Ancient China are considered Taoism, Confucianism, legalism, mohism.

Rice. Ontological views of philosophers of Ancient China (using the example of Taoism)

Taoism

Lao Tzu is considered the founder(in different translations - “Old Teacher”, “Old Wise”, “Old Child”), who lived at the end of the 6th - beginning of the 5th century. BC. The main provisions of his teachings are outlined in the philosophical treatises “Daodejii” (The Doctrine of Tao and De). The most famous followers of Lao Tzu are Zhuang Tzu and Le Tzu. Yang Zhou (IV - III centuries BC).

Along with Tao, another fundamental concept of Taoism is Dae - a peculiar manifestation of Tao - energy emanating from Tao - grace, a way of transforming Tao into the surrounding world. Also, a central place in Taoism is given to the concept Neither(it is absent in the Daodejing) - the original Chaos, the substance of the Universe.

Tao is the path, law and ideal substance of the Universe, in which it manifests itself through De, transforming the original chaos into strict order, the familiar world. Therefore, everything in the world, subject to a single law, is interconnected and hierarchical. In this system Human takes his humble but rightful place: he obeys the laws Earth which obeys the laws Sky, in turn, strictly following the laws of Tao.

Tao is internally contradictory, dialectical: separate from everything and at the same time all-pervasive; constantly and unchangeably and at the same time changeable, as a result of which the world is changeable; fundamentally unknowable and yet accessible to comprehension; generative nothingness(no name) and Being, bearing exactly that name.

Qi generates the opposite Yin and Yang, the interaction of which forms the elements - fire, earth, metal, water, wood and the whole world, represented by objects, things that are the result of the interaction of the elements. Individual objects are thus formed from Qi and dissolve in it after their destruction.

The emergence and disappearance of the world, the formation and destruction of the individual things that make it up are subject to the single and unshakable law of Tao, therefore, a person cannot influence objective processes, including social ones, he is just a particle, one of the manifestations of the universal “matter”. Therefore, the most correct attitude towards the world, reflecting the highest wisdom. - inaction, silent peace (the knower is silent, the speaker does not know). This is the rule for all people. The best ruler is the one who is inactive. whose people only know about its existence.

The socio-ethical and legal aspects of Taoism are expressed in the prescription of obedience of subjects to the ruler, submission to their laws, and compliance of people with each other. True happiness is knowledge of the truth, which is possible through liberation from passions and desires.

Confucianism

Founder of Confucianism - Kung Fu Tzu(or Kong Zi; in European transcription Confucius), who lived in 551-479. BC. The main source from which the teachings of Confucius are known is the book Lun Yu (“Conversations and Judgments”) compiled by his followers.

The teachings of Confucius are primarily of a socio-ethical nature, but there is an ontological aspect in it. In accordance with the cultural tradition of China, it is believed that all things and phenomena in the world strictly correspond to their names. Distortion of names or misuse of things leads to disharmony, including in society. Therefore, Confucius believed, it is necessary to bring things and their names into conformity with each other; “A ruler must be a ruler, a minister must be a minister, a father must be a father, a son must be a son.” Often people only formally hold a position, have a visible social status, but in fact they are not able to fulfill the responsibility assigned to them.

The social and ethical ideal of Confucianism is the “noble husband”, combining humanity – “zhen”, filial piety – “xiao”, knowledge and strict adherence to the rules of etiquette – “li”, justice and a sense of duty – “i”, knowledge of the Will of Heaven - “min.” A noble husband is demanding of himself, responsible, worthy of the highest trust, ready to sacrifice himself for the good of other people, he has good relationships with those around him, his life and death are a feat, he bows before Heaven, Great people, Wisdom.

In contrast, a low person is demanding of others, thinks only about his own benefit, is petty, cannot and does not strive for mutual understanding with people, does not know the laws

Heaven, despises Great people, does not listen to Wisdom, ends his life in shame.

However, government management should not be rigid. Confucianism placed its hopes primarily on the moral foundations of man, on his soul and mind. If you rule with the help of the law, settle things by punishing, then the people will be careful, but they will not know shame. If you rule on the basis of virtue, settle things according to ritual, the people will not only be ashamed, but will also express submission.” The relationship between the emperor and his subjects should be (on both sides) similar to the relationship between father and children: principled and perhaps stern, but not cruel on the part of the emperor, strictly respectful, consciously submissive on the part of the subjects. Any leader must honor the emperor, follow the principles of Confucianism, rule virtuously, take care of subordinates, have the necessary knowledge (be a professional), do only good, persuade rather than force.

All people, without exception, must behave in accordance with the “golden” rule of ethics: Do not do to others what you do not wish for yourself.

Later, Confucianism acquired some features. In modern times it was until the middle of the 20th century. was the official ideology of China.

Legalism

The most prominent figures among the founders of legalism are considered Shan Yang(390-338 BC) and Han Fei(288-233 BC).

The name of the doctrine comes from the Latin legis genitive case lex - law, right. Legalism - the doctrine of lawyers - Fajia. Subject of legalism, like Confucianism, - government. But these schools actively competed with each other.

The legalists considered man to be initially unkind, vicious, and selfish; the interests of various people and groups are contradictory. Therefore, the main lever for controlling people is their fear of punishment. Governance in the state must be tough, but in strict accordance with the laws. In essence, the legalists were supporters of a despotic regime, but their position was consistent.

The state must provide strict hierarchy, maintaining order through violence. It is necessary to periodically change the composition of officials, guided by the same criteria for their appointment, rewards, and promotions. It is necessary to ensure strict control over the activities of officials, to exclude the possibility of “inheriting” positions (which was common in China), and protectionism.

The state must intervene in the economy and in the personal affairs of citizens, reward law-abiding citizens and strictly punish the guilty.

Legalism found many supporters in Ancient China; in the era of Emperor Qin-Shi-Hua (3rd century BC) it became the official ideology. Along with other philosophical and legal schools, he had a great influence on the formation of Chinese culture and the Chinese state.

Later, in the Middle Ages, Chinese philosophical thought was influenced. The traditional teachings of China also continued to develop, in particular, Neo-Confucianism, which arose at the beginning of the first millennium AD. Currently, Chinese philosophy continues to play an important cultural function in China and Southeast Asia and has a significant influence on world culture.

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