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The Symbolic Economy of the Hanfeizi The Journal of School & Society 40 ISSN 2575-9922 6(1) 40–54 ©Author(s) 2019 ual efforts to cultivate virtue as the primary so- The Symbolic Economy of lution for the state’s most significant political, economic, and military challenges, Legalist the Hanfeizi thought was arguably more congruent with the bellicose and highly competitive political cli- Brandon King mate of its time. University of Pennsylvania This exceptional suitability most famously culminated in Legalism becoming the official state ideology of the Qin dynasty (221-207 B.C.), which unified the Chinese empire for the first The term “Legalism” has been generally used time. Even after the collapse of the Qin dynas- to refer to a group of Chinese thinkers who ty, however, the legacy of Legalist thought car- achieved some prominence during the Warring ried on. Although the Han dynasty adopted States period (481-222 B.C.). This group of Confucianism as its official state ideology, it thinkers typically includes, but is not necessarily nevertheless maintained much of the Qin em- limited to, Guan Zhong,1 Li Kui, Wu Qi, Shen pire’s governing infrastructure. Perhaps more Dao, Shen Buhai, Shang Yang, Li Si, and Han importantly was the ongoing legacy of structur- Fei. These figures and their contributions to al competition, along with a merit-based hierar- statecraft represented an opposing political vi- chical ranking system meant to reflect the re- sion from other competing schools of thought sults of this competition, being used as a meth- at the time—schools such as Confucianism, od of organizing the empire—a legacy that last- Mohism, and Daoism. ed throughout imperial Chinese history. My use of the term “Legalism,” however, is In this paper however, I will focus on Le- different. I use it to refer to a group of extant galist thought as revealed in the Hanfeizi texts that possess distinctly shared characteris- (HFZ)3—a text traditionally attributed to Legal- tics. More specifically, I use the term to refer to ist founder, “Master Han Fei.”4 In particular, the political visions expressed in Book of Lord much of the analysis in this piece comes from Shang, the “Shen Buhai fragments,” the “Shen the “Outer Compendium of Explanations, Dao fragments,” the Han Feizi, and even select 2 chapters in the Guanzi. 3 OCELL 33 uses Confucians (Ru ) and their behav- Regardless of how the term is used, the re- ioral rituals to illustrate a unique aspect of the HFZ’s markable success of the political philosophy political vision: a pedagogical mission. For a deeper dis- associated with it is impossible to ignore. cussion of the pedagogical quality of the Legalist political Known especially for its harsh criticisms of ear- vision, see: Brandon King, “The [Not So] Hidden Cur- riculum of the Legalist State in the Book of Lord Shang ly Confucian thought that championed individ- and the Han-Fei-Zi,” Comparative Philosophy 9, no. 2 (2018): 69-92. 4 The authorship of OCELL has been a subject of de- 1 It is important to note that Guan Zhong is the only bate, but the possibility of Han Fei’s authorship has not figure that is thought to have lived during the Spring and been ruled out. In fact, Lundahl saw enough justification Autumn period (770-482 B.C.). to consider the inner and outer “Compendium of Expla- 2 A longer discussion of the textual core, or distinctly nations” chapters “authentic.” See: Bertil Lundahl. Han shared characteristics, of Legalist texts can be found in Fei Zi: The Man and the Work.(Stockholm: Institute of Brandon King, Adapting with the Times: Fajia Law and State Oriental Languages, Stockholm University, 1992), 146- Development (Dissertation, Chinese University of Hong 153. Kong, 2015). The Journal of School & Society 41 ISSN 2575-9922 6(1) 40–54 ©Author(s) 2019 Lower Left” (OCELL),1 which is a subdivision and disadvantages of their promoted statecraft, within a larger unit of chapters in the Hanfeizi approaching Legalist governance as pedagogy (HFZ). Each subdivision begins with assertions requires more exploration of the shared experi- and advice about governance, followed by sto- ence of state subjects. Grounding itself on the ries or excerpts meant to illustrate them. distinctly shared conception of law found in Throughout, I will explore how rewards and Legalist texts, this methodology concentrates its state organization accomplish a state objective attention on rewards and what their associated beyond coordinating the interests of the ruler state institutions communicate to the populace. and his subjects.5 So, while there is an appreciation for the im- Typically, examinations of pedagogy are re- portance of punishment and its deterring ef- served for texts associated with the Confucian fects, I am most interested in the aspects of tradition. In contrast, Legalist texts,6 such as the statecraft that facilitate positive action common HFZ, the Book of Lord Shang (BLS), the “Shenzi amongst the populace. Fragments,” the “Shen Buhai Fragments,” and Additionally, I also appreciate the Legalist the Guanzi, are considered either anti- view of history—perhaps best articulated in the pedagogical or unconcerned with populace BLS and HFZ. In other words, Legalist peda- learning. gogy should be understood as context- Indeed, we can find passages in the BLS dependent, or responding to the problems of that specifically criticize Confucian moral culti- its time through requiring the subject’s contri- vation and education. However, if we reex- bution to state wealth and strength. amine Legalist texts with a broader, sociological In short: The ruler creates laws that are in- conception of pedagogy, one that recognizes fused with values suitable for the times and cir- how learning and education can take place be- cumstances. Laws then facilitate a social prac- yond the context of individual cultivation, then tice through rewarding contributions to collec- it becomes apparent that the Legalist political tive survival and prosperity that are in accord- vision does facilitate a distinctly shared collec- ance with state values, while punishing the sub- tive culture through specific state practices. ject’s pursuits of profit and fame that occur at While much of the analysis of Legalist texts the state’s expense. In this sense, the law and its focuses on the ruler, methods for creating and reinforcements fundamentally shape individual maintaining social order, and the advantages identity according to what the ruler defines as collective need. 5 Schneider argued that the HFZ ideal state possesses a public “justice” (gong yi ), one of “order giving and Precedent for Treating Legalist order taking” (Schneider 2014: 30), that aligns the ruler’s interests with those of his ministers and the rest of his Thought as Pedagogical populace. See: Henrique Schneider, “Han Fei and Jus- tice,” Cambridge Journal of China Studies, 9, no.4 (2014): 20- It should be noted that this study would not be 37. the first to suggest that there is a pedagogical 6 I will not engage in a discussion over the ways the term “Legalist” has been problematized. An extended discus- quality to Legalist governance. sion of this can be found in Paul R. Goldin, “Persistent Xu argued that the HFZ’s law can be con- Misconceptions about Chinese ‘Legalism’,” Journal of Chi- ceptualized as moral education. Since the HFZ nese Philosophy 38, no. 1 (2011): 88-104. Generally, I will insists that there are only a few people who can follow the argument in favor of the use of the term “Le- be relied upon to engage in goodness on their galist” found in King (2015). The Journal of School & Society 42 ISSN 2575-9922 6(1) 40–54 ©Author(s) 2019 own accord, the law primarily educates by He suggested, given the objectives of the ideal blocking the pathways that would allow sub- state in the HFZ, that Legalist statecraft en- jects to engage in malfeasance, while causing courages behavioral conformity with a non- subjects to conform to what the state architec- moral normativity.10 Pines likewise noted that ture of governance encourages and discourages. the BLS does not speak of any “active dissemi- Xu also asserted that law is made public and nation of ideas or ideals amongst the popu- clear, accommodates the natural inclinations of lace.”11 human beings, and generally employs subjects Zhou, however, pointed out how some according to their respective talents. Through parts of the HFZ refer to Confucius approving- these aspects, the HFZ’s law teaches and trans- ly or as an authoritative source. This, according forms subjects on a social level rather than rely- to Zhou, is evidence of a general reverence for ing on them to do so on an individual basis.7 Confucius and his ideas about legal reinforce- Xie described the HFZ’s method of educa- ment, the reliability of the state apparatus, fair- tion through five aspects of his own. The quali- ness, balance, and the division between the rul- ty of education is rigid and non-accommodative er and ministers.12 Regardless of one’s position, to the love found in interpersonal relationships. it is clear that discourse about the moral and In addition, the HFZ’s law is used as a primary educational concern in Legalist text challenges source of teaching. As a result, the people will how they are traditionally interpreted.13 learn qualities and behavior the state considers So, whether or not HFZ’s reference to desirable from the good faith and mutual trust Confucians represents an appeal to authority or demonstrated by the implementation of the law merely a mouthpiece through which it com- and the ruler-subject relationship. Xie also ar- municates its own ideas, the text nevertheless gued that the ruler himself should exemplify the depicts a culture within which economic and aforementioned desirable character traits and symbolic capital are accumulated through the behaviors to further reinforce the teachings in enforcement of state law—that is, they are the law.8 Shi has asserted that the Legalist notion of law uses morality to assist in the implementa- 10 Eirik Lang Harris, “Han Fei on the Problem of Morali- tion of the legal system by praising those who ty,” in Paul R.
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