Forging a Unified Empire: Qin
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Shang Yang 商鞅 and Legalist 法家 Reform in the Ancient Chinese State of Qin 秦
SHANG YANG 商鞅 AND LEGALIST 法家 REFORM IN THE ANCIENT CHINESE STATE OF QIN 秦 Daniel HAITAS Abstract Legalism has played a major role in the history of the Chinese legal and governmental tradition. One of the major exponents and formulators of this school of thought in ancient times was Shang Yang, an official in the state of Qin. Shang Yang oversaw a program of law reform in Qin in such areas as criminal law and the economic life of the country which aimed to strengthen the power of the state. This can be said to have had long term consequences for both Chinese and world history, in that the strengthening and reorganization of Qin along the lines of Legalist principles helped lead to its gaining preeminence amongst the other states vying for influence in the Warring States period, ultimately leading to the unification of China under the rule of the Qin dynasty. Keywords: Shang Yang, Legalism, law reform, Qin state, criminal law, economic regulation. that would be known among the general population, which included a system of strict punishments to be 1. Introduction applied equally to all. Additionally, he implemented Throughout much of the history of the Chinese reforms that favoured agriculture at the expense of legal and governmental tradition, two different schools commerce. of thought have been portrayed as competing and This study particularly draws on the Book of Lord coexisting at the same time; these are the Legalists 法 Shang 商君書, the earliest surviving and foundational 1 家 and the Confucians 儒家 . Both sought to maintain text of the Legalist school whose authorship is 7 social order, yet differed in the primary methods attributed to Shang Yang . -
Chinese Civilization
Chinese Civilization PREHISTORY Sources for the earliest history Until recently we were dependent for the beginnings of Chinese history on the written Chinese tradition. According to these sources China's history began either about 4000 B.C. or about 2700 B.C. with a succession of wise emperors who "invented" the elements of a civilization, such as clothing, the preparation of food, marriage, and a state system; they instructed their people in these things, and so brought China, as early as in the third millennium B.C., to an astonishingly high cultural level. However, all we know of the origin of civilizations makes this of itself entirely improbable; no other civilization in the world originated in any such way. As time went on, Chinese historians found more and more to say about primeval times. All these narratives were collected in the great imperial history that appeared at the beginning of the Manchu epoch. That book was translated into French, and all the works written in Western languages until recent years on Chinese history and civilization have been based in the last resort on that translation. The Peking Man Man makes his appearance in the Far East at a time when remains in other parts of the world are very rare and are disputed. He appears as the so-called "Peking Man", whose bones were found in caves of Chou-k'ou-tien south of Peking. The Peking Man is vastly different from the men of today, and forms a special branch of the human race, closely allied to the Pithecanthropus of Java. -
Ancient Foundations of East Asian Jurisprudence ― Confucianism, Legalism and Taoism ― 1)
141 〈논 문〉 Ancient Foundations of East Asian Jurisprudence ― Confucianism, Legalism and Taoism ― 1) Chongko Choi* Foreword In the age of “Globalization,” the most important factor in the world politics seems to be the civilizations, not the ideologies, as Samuel Huntington eloquently asserts. With the magnificent emergence of the Chinese civilization on the world stage, many people, including intellectuals, pay attention with great interest to East Asian civilization.1) If you read books on Chinese philosophy, you may find that almost all the books overwhelmingly discuss ancient philosophies like Confucianism, Taoism, Legalism and “Hundred Schools”. This fact shows the richness of ancient philosophy and how it played continuously an important role in Chinese history. It applies not only to China, but also to Korea and Japan, perhaps to the whole of East Asia. I am currently trying to build up the concept of East Asian jurisprudence.2) * Professor of Law, Seoul National University 1) As the recent publications, Gina Barnes, China, Japan, Korea: The Rise of Civilization in East Asia, London, 1993: Warren Cohen, East Asia at the Center: Four Thousand Years of Engagement with the World, Columbia Univ. Press, 2000: Charles Holcombe, The Genesis of East Asia: 221BC-AD 907, Uni. of Hawaii Press, 2001. 2) Chongko Choi, Foundations of East Asian Jurisprudence, Seoul Law Journal, Vol. 41. No. 1, 2000, pp.60-76; Chongko Choi, The Development of East Asian Law till the End of 18th Century, Law in History, Vol. 1, 2000, pp.21-55; Chongko Choi, Foundations of Law and Justice in East Asia, Comparative Law, Vol. -
Menurut Kranenburg, Shang Yang, Dan Ahli Lain )
TUJUAN NEGARA ( menurut Kranenburg, Shang Yang, dan Ahli lain ) Nama: IRMA SETIAWATI Email: [email protected] BP.201000360004 UNIVERSITAS EKASAKTI AAI - PADANG FAKULTAS HUKUM BAB I PENDAHULUAN A. LATAR BELAKANG Negara adalah suatu wilayah di permukaan bumi yang kekuasaannya baik politik, militer,ekonomi, sosial maupun budayanya diatur oleh pemerintahan yang berada di wilayah tersebut. Negara juga merupakan suatu wilayah yang memiliki suatu sistem atau aturan yang berlaku bagi semua individu di wilayah tersebut, dan berdiri secara independen. Syarat primer sebuah negara adalah memiliki rakyat, memiliki wilayah, dan memiliki pemerintahan yang berdaulat. Sedangkan syarat sekundernya adalah mendapat pengakuan dari negara lain.Keberadaan negara, seperti organisasi secara umum, adalah untuk memudahkan anggotanya (rakyat) mencapai tujuan bersama atau cita-citanya. Keinginan bersama ini dirumuskan dalam suatu dokumen yang disebut sebagai Konstitusi, termasuk didalamnya nilai- nilai yang dijunjung tinggi oleh rakyat sebagai anggota negara. Bagaimanakah tujuan negara secara umum dan tujuan negara !ndonesia yang tercantum dalam "undang-"undang dasar 1945'. Selanjutnya akan dibahas dalam makalah ini. B.RUMUSAN MASALAH 1.pengertian Negara. 2.tujuan Negara menurut Kranenburg, Shang Yang, dan Ahli lain. BAB II PEMBAHASAN Tujuan negara menurut Kranenburg, Shang Yang, dan Ahli lain. Seperti yang kita ketahui bersama, bahwa Negara adalah suatu wilayah di permukaan bumi yang kekuasaannya baik politik, militer, ekonomi, sosial maupun budayanya diatur oleh pemerintahan yang berada di wilayah tersebut. Lantas apa tujuan suatu negara dibentuk? Dalam hal ini, kita akan belajar tentang tujuan negara secara rinci. Tujuan negara sangat menentukan segala keadaan yang ada dalam negara. Dengan mengetahui tujuan negara itu, kita dapat menjawab soal legitimasi kekuasaan, yaitu kekuasaan organisasi negara, dan juga dapat mengetahui sifat organisasi negara. -
PHIL 192 Chinese Ethics and Asian Values Accreditation Through Loyola University Chicago
PHIL 192 Chinese Ethics and Asian Values Accreditation through Loyola University Chicago Instructor: Sun Wei [email protected] Tel: + 86 13718631638 Office hours by email request. Course Description This course offers an overview of Chinese philosophy and its impacts on Asian values. The body of this course consists in studies of nine parts: (1) a general introduction of Chinese philosophy (the texts, most important characteristics, and influences); (2) an introduction of the school of Confucianism (Confucius, Mencius, Xunzi, Zhu Xi, Wang Yangming, etc.) (3) an introduction of the school of Daoism (Laozi, Zhuangzi, etc.) (4) an introduction of the school of Legalism (Shang Yang, Han Fei, etc.) (5) an introduction of the school of Moism (6) an introduction of neo-Confucianism in Song-Ming Dynasty (7) the impact of Chinese philosophy on East Asia (8) the methodology of comparing Chinese philosophy with Western philosophy (9) a case study of comparative philosophy (Xunzi and Aristotle) Textbooks and References Textbooks: Primary readings will be drawn from the following: • A Short History of Chinese Philosophy, by Fung Yu-lan, the Macmillan Company,1948. • A Source Book in Chinese Philosophy, tr. & compiled by Wing-tsit Chan, Princeton: Princeton University Press, 1963. References: It is not necessary for the students to read all the following books. Students will read about six books chosen according to their interest and their paper topics. • The Analects of Confucius: A Philosophical Translation, tr. with intro. by Roger T. Ames and Henry Rosemont, Jr., New York: Bollantine Books, 1998. • Key Concepts in Chinese Philosophy, by Zhang Dainian, tr. & ed. by Edmund Ryden, New Haven, Conn.: Yale University Press, 2002. -
Persistent Misconceptions About Chinese “Legalism” Paul R
Persistent Misconceptions about Chinese “Legalism” Paul R. Goldin The reasons for avoiding the term “legalism” in the study of classical Chinese philosophy were summarized years ago by Herrlee G. Creel, 1 and most scholars would probably agree, if pressed, that the term is flawed, and yet one continues to find it deployed in published books and articles—almost as though no one is prepared to admit that it has to be abandoned. 2 I believe that “legalism” is virtually useless as a hermeneutic lens; indeed, in many contexts it obscures more than it clarifies. Even as a bibliographical category, as it was frequently used in imperial times, its value is questionable. In the following pages, I shall first review the weaknesses of the term “legalism,” then ask why scholars persist in adopting it even though they can hardly be unaware of its defects, and finally suggest a better approach to the material that is conventionally categorized as “legalist.” * * * “Legalism” is an imprecise Sinological translation of the Chinese term fajia 法家 . 1 “The fa-chia : ‘Legalists’ or ‘Administrators’?” (1961), reprinted in Creel’s What Is Taoism? and Other Studies in Chinese Cultural History (Chicago and London: University of Chicago Press, 1970), 92-120. It should be noted that in his earlier publications, such as Chinese Thought from Confucius to Mao Tse-tung (Chicago: University of Chicago Press, 1953), Creel seemed comfortable with the term. 2 Lest readers suppose that I am arguing against a straw man, consider the following titles, published just since 2000, using the term “Legalism” (or some cognate): Roger Boesche, “Han Feizi’s Legalism versus Kautilya’s Arthashastra ,” Asian Philosophy 15.2 (2005), 157-72; idem , “Kautilya’s Arthashastra and the Legalism of Lord Shang,” Journal of Asian History 42.1 (2008), 64-90; Hans van Ess, “Éducation classique, éducation légiste sous les Han,” in Education et instruction en Chine , ed. -
An Introduction to Hanfei's Political Philosophy
An Introduction to Hanfei’s Political Philosophy An Introduction to Hanfei’s Political Philosophy: The Way of the Ruler By Henrique Schneider An Introduction to Hanfei’s Political Philosophy: The Way of the Ruler By Henrique Schneider This book first published 2018 Cambridge Scholars Publishing Lady Stephenson Library, Newcastle upon Tyne, NE6 2PA, UK British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Copyright © 2018 by Henrique Schneider All rights for this book reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner. ISBN (10): 1-5275-0812-9 ISBN (13): 978-1-5275-0812-5 TABLE OF CONTENTS Preface ....................................................................................................... vii Chapter One ................................................................................................. 1 Introduction – Hanfei, Legalism, Chinese Philosophy Chapter Two .............................................................................................. 27 Methodology – Reading Hanfei as a “Social Scientist”? Chapter Three ............................................................................................ 43 History – If Unimportant, Why Look at the Past? Chapter Four .............................................................................................. 65 -
Xunzi and Han Fei on Human Nature
Xunzi and Han Fei on Human Nature Alejandro Bárcenas ABSTRACT: It is commonly accepted that Han Fei studied under Xunzi sometime during the late third century BCE. However, there is surprisingly little dedicated to the in-depth study of the relationship between Xunzi’s ideas and one of his best-known followers. In this essay I argue that Han Fei’s notion of xing, commonly translated as human nature, was not only influenced by Xunzi but also that it is an important feature of his political philosophy. “Aus so krummem Holze, als woraus der Mensch gemacht ist, kann nichts ganz Gerades gezimmert werden.” —Immanuel Kant, Idee zu einer allgemeinen Geschichte in weltbürgerlicher Absicht. T FIRST SIGHT, IT DOES not seem far-fetched to suggest that a thorough Astudy of Han Fei’s notion of xing (性)—commonly translated as human na- ture—should include an analysis of the role played by his teacher Xunzi. However, suggesting the existence of such influence has proven to be a quite controversial topic. For the most part recent interpreters of the history of Chinese philosophy tend to briefly mention the existence of some sort of philosophical relationship between Xunzi and Han Fei.1 What scholars generally acknowledge is that a master-student relationship existed between the two, which typically indicates some kind of influ- ence (or rejection) of one by the other. However, there is surprisingly little dedicated to the in-depth study of the relationship between Xunzi’s ideas and one of his best- known followers. This absence of detailed analysis is even more puzzling when it is contrasted with the profuse amount of research during recent years, dedicated to comparing Xunzi with Mencius, his most famous counterpart.2 In the following 1See, Geng Wu, Die Staatslehre des Han Fei: ein Beitrag zur chinesischen Idee der Staatsräson (Vienna: Springer, 1978) p. -
The Evolving Conceptualization of Tianxia (All-Under-Heaven)
The Chinese View of World Order: The Evolving Conceptualization of Tianxia (All-Under-Heaven) A Thesis Presented to The Academic Faculty by Violetta Ravagnoli In Partial Fulfillment of the Requirements for the Degree Master of Science in International Affairs in the Ivan Allen College of Liberal Arts Georgia Institute of Technology May 2007 The Chinese View of World Order: The Evolving Conceptualization of Tianxia (All-Under-Heaven) Approved by: Dr. Fei-Ling Wang, Advisor School of International Affairs Georgia Institute of Technology Dr. Brian Woodall School of International Affairs Georgia Institute of Technology Dr. Katja Weber School of International Affairs Georgia Institute of Technology Date Approved: April 9, 2007 ii ACKNOWLEDGEMENTS I wish to thank my Advisor, Dr. Fei-ling Wang for his kind help and for being an excellent mentor in the process of writing this thesis. In addition, I would like to thank all the Professors of the Department of International Affairs that taught me with passion and enthusiasm during my course of study at the Georgia Institute of Technology. iii TABLE OF CONTENTS Page ACKNOWLEDGEMENTS iii LIST OF TABLES v LIST OF FIGURES vi SUMMARY vii CHAPTER 1 Introduction 1 Historical Excursus 3 Imperial Government Since the Qin 6 Schools of Philosophies 10 2 Comparison Between Roman and Chinese Empires 24 Rome 27 China 41 Conclusive Remarks 54 3 The PRC Era 57 The Concept of Authority in China 57 Two eras in the Mirror 62 The New Chinese Empire 67 4 Conclusion 76 Tianxia in Zhao Tingyang and Other Scholars 78 Future Research 89 REFERENCES 94 iv LIST OF TABLES Page Table 1: Chinese Dynasties Chronology 9 Table 2: Summary of the key features to be discussed in the following comparison between the Roman and the Chinese Empire. -
Political Realism, Politics, and the State in Ancient China*
GETTING THE TERMS RIGHT: POLITICAL REALISM, POLITICS, AND THE STATE IN ANCIENT CHINA* KAI VOGELSANG Introduction There is a strange ambivalence about the study of ancient China. On the one hand, ar- chaeological evidence as well as excavated and acquired manuscripts have provided an abundance of detailed information about material culture, textual production, adminis- trative practice, and intellectual currents in pre-Qin to Han times. We know exactly what the bamboo strips for official communication looked like, how they were produced, and how many scribes were involved. On the other hand, some of the oldest and most basic problems in the field remain unsolved. We are still uncertain about the authorship, da- ting, and structure of most classical texts, and many of their fundamental terms remain poorly understood. The latter problem is particularly important for scholars of ancient China. After all, no lesser man than Confucius allegedly called the task of “getting the terms right” his primary concern. Although his immediate focus was on the art of government, it cer- tainly applies to scholarship: “If one’s terms are not right, then one’s speech will not be consistent, and consequently one’s task will not be achieved.”1 This is more than just an anecdote. The problem of terminology is very much at the heart of scholarship. It is an essential task for every science or field of scholarship to coin its own terms, not only to distinguish itself from its non-scholarly context, but to establish itself as a field. Chemis- try is highly illustrative in this regard: When it emerged as a science in the 17th and 18th century, it inherited a whole lexicon of terms from alchemy. -
The Role of Law in the People's Republic of China As Reflecting Mao Tse-Tung's Influence Shao-Chuan Leng
Journal of Criminal Law and Criminology Volume 68 Article 2 Issue 3 September Fall 1977 The Role of Law in the People's Republic of China as Reflecting Mao Tse-Tung's Influence Shao-Chuan Leng Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Shao-Chuan Leng, The Role of Law in the People's Republic of China as Reflecting Mao Tse-Tung's Influence, 68 J. Crim. L. & Criminology 356 (1977) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. THE JOURNAL OF CRIMINAL LAw & CRIMINOLOGY Vol. 68, No. 3 Copyright © 1977 by Northwestern University School of Law Printed in U.S.A. THE ROLE OF LAW IN THE PEOPLE'S REPUBLIC OF CHINA AS REFLECTING MAO TSE-TUNG'S INFLUENCE SHAO-CHUAN LENG During the heyday of the Cultural Revolu- Whatever the reasons for Mao's statements, tion (1966-69) in the People's Republic of and whatever the reasons for others to quote China, Mao Tse-tung called for the "smashing them, there is little doubt about the magnitude of Kung-chien-fa (public security, procurato- of Mao's impact on the Chinese legal system. rate, and judicial organs)"' and he was also This paper will attempt to examine the extent quoted as saying: "Depend on the rule of man, to which Mao has influenced the Chinese legal not the rule of law."12 However, at the time of system. -
Selection from the Book of Lord Shang: “Making Orders Strict”
Primary Source Document with Questions (DBQs) SELECTION FROM THE BOOK OF LORD SHANG: “MAKING ORDERS STRICT” Introduction Lord Shang (d. 338 BCE, also known as Gongsun Yang or Shang Yang) was prime minister of the state of Qin in the middle of the fourth century BCE — when Qin was simply one of the many states of the weak and fragmented feudal kingdom of Zhou. Lord Shang was from the neighboring state of Wei. Hearing that Duke Xiao of Qin was seeking men of worth to help strengthen his state, he left Wei in 361 BCE to find his fortune in Qin. As an advisor to Duke Xiao, Lord Shang recommended revising the laws. When some of the Duke’s other advisors expressed reservations, Lord Shang is said to have responded: “Wise men make laws; stupid men are constrained by them.” His reforms, initiated in 359 BCE, remade Qin and contributed substantially to its strength. Lord Shang’s reforms built on previously existing Qin laws. His reforms are distinguished by their thoroughness and focus. His goals were to guarantee the disciplined, efficient use of the state’s resources and to concentrate the people’s energies on two tasks: agriculture and warfare. To achieve these ends, he drafted and promulgated written laws prescribing rewards and punishments for desirable and undesirable behavior. The selection below, from the Book of Lord Shang (Shangjun shu) indicates some of the thinking that lay at the basis of Lord Shang’s policies. Selected Document Excerpt with Questions From Sources of Chinese Tradition, compiled by Wm. Theodore de Bary and Irene Bloom, 2nd ed., vol.