Unlike the other
philosophies of the time legalism has no one founder nor was there ever even a
formal school of legalist teaching. Instead legalism is a name used by later
scholars to apply to the teachings of several warring states philosophers that
were eventually adopted by the Qin dynasty.
While other
schools said that the fractured conditions of the warring states came about
because former rulers disregarded the gods, the poor, or tradition legalists
saw the chaos as merely a result of the weakness of those in power. Just as the
English civil war inspired Hobbes idea of the ‘leviathan’ state the legalists
supported the idea of a centralized code of law and a powerful autocrat. Shang
Yang, an advisor to the kings of Qin, quite literally wrote the book on
legalism when he codified it for use by the Qin kings. He said if the laws were
clear and strong then even a weaker ruler could be affective. He also had
little use for morality or mercy seeing them as impediments to the rule of law.
Legalism did have its merits however. Under Qin legalism anyone could rise to a
high position through merit as exemplified by Lu Buwei a merchant who rose to
become the chancellor Qin. Also legalisms emphasis on standardization and
simplification led to the creation of a system of measurements still used today
and a large efficient bureaucracy, which would influence all later Chinese
governments. However the benefits of legalistic government could not out way
the growing tyranny and madness of the Qin emperor and shortly after his death
the dynasty was overthrown.
Emperor Qin Shi Huang, 1st
(and last) emperor of the Qin dynasty who instituted legalism throughout his
united China.
Legalism was
shunned by later dynasties for it association with the rule of Qin and it was
vilified by Confucian scholars who had face severe persecution under that
dynasty.
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