Chapter 14 Chapter Fourteen

The feudal society of the Western Zhou Dynasty acted according to two principles: one was "rituals" and the other was "punishment".Ceremony is an unwritten law code, which controls the behavior of "gentlemen", that is, nobles, with praise and criticism.Punishment is not the case, it only applies to "common people" or "villains", that is, civilians.This is what is said in the "Book of Rites": "Courtesy is not inferior to ordinary people, and punishment is not superior to high officials." ("Qu Li" part 1) This is possible because of the relatively simple structure of feudal society in small countries.The emperor, princes and doctors are all related to each other by blood or marriage.In theory, the princes of all countries are the ministers of the emperor, and the officials of each country are the ministers of the princes of all countries.But in reality, these nobles have long inherited their power from their ancestors.I gradually felt that these powers were not obtained by relying on the theory of loyalty to the emperor.Therefore, although the princes of many big countries are under the jurisdiction of Zhou Tianzi in name, they are actually semi-independent; within each country.There are also many doctors whose "homes" are semi-independent.Because they are all relatives or relatives, these feudal lords maintain social and diplomatic contacts, and if there is anything to deal with, they all follow their unwritten "gentleman's agreement".That is to say, they followed the rules.

The Son of Heaven and the feudal lords are superior and do not deal directly with the people.Such matters are handled by the doctors, and each doctor rules the people in his own territory.The doctor's territory is usually not large, and the population is limited.So nobles ruled over their people largely on a personal basis.So punishment was adopted to ensure the obedience of the people.We can see that in the pre-Qin feudal society, the relationship between people, regardless of their superiority or inferiority, was maintained by personal influence and personal contact. In the last few hundred years of the Zhou Dynasty, the feudal social system gradually disintegrated.Society has changed profoundly.The social distinction between a gentleman and a villain is no longer absolute.In the time of Confucius, some nobles had already lost their land and titles, and some ordinary people, with their talents and luck, successfully became prominent figures in society and politics.The original fixity of various social classes was broken.Over time, through aggression and conquest.The territory of the big country is getting bigger and bigger.In order to wage war.To prepare for war, these countries need a strong government, that is, a highly centralized government. As a result, the government's institutions and functions are becoming more and more complicated than before.

New circumstances brought new problems.At that time, the princes of all countries were faced with such a situation. Since Confucius, hundreds of schools of thought have worked together to solve these problems.However, most of the solutions they proposed are not realistic enough and cannot be implemented.What the princes of all countries need is not an ideal program of benevolent government for the people.Rather, a realistic approach to how to deal with the new circumstances facing their governments. There were people back then who had a deep understanding of the practical politics of reality.The princes often seek advice from these people, and if their suggestions are effective, they often become trusted advisors to the princes.Sometimes he even became prime minister.Such advisors are known as "sorcerers."

The reason why they are called men of spells is because they came up with spells to govern the great kingdom.These spells highly concentrated power in the hands of the monarch.The spells they preached could be mastered even by fools.According to them, the king need not be a saint or a superman at all.As long as they faithfully execute their spells, even a mediocre person can rule the country and rule it well.Some "magicists" went a step further, theorizing their magic and making theoretical expressions, thus forming the legalist thought. It can be seen from this that it is wrong to associate Legalist thought with law and trial.In modern terms, Legalism speaks of theories and methods of organization and leadership.Anyone who wants to organize the people and act as a leader will find that the theory and practice of Legalism are still very instructive.It is very useful, but there is one thing, that is, he must be willing to take the totalitarian route.

In this chapter, Han Fei represents the peak of Legalism.Han Fei is the son of South Korea (now west of Henan Province). "Historical Records" said that he "worked with Li Si and Xun Qing, and Si thought he was better than others." ("Biography of Laozi Han Fei") He is good at writing books.He wrote fifty-five chapters of "Han Feizi".Ironically, Qin practiced Han Fei's teachings more thoroughly than any other country, yet he died in Qin's prison in 233 BC.He died of political assassination by his old classmate Li Si, who was an official in Qin State and jealous of Han Fei's increasing favor in Qin State.

Han Fei was the last and biggest theorist of Legalism. Before him, there were three schools of Legalism, each with its own ideological line.One faction is headed by prudence.At the same time as Mencius, he regarded "potential" as the most important factor in politics and governance.The other school was headed by Shen Buhai (died 337 BC), who emphasized that "art" was the most important factor.The other group was headed by Shang Yang (died 338 BC), also known as Shang Jun, who attached the most importance to "law". "Position" refers to power and authority; "Fa" refers to law and legal system; "Skill" refers to the method and art of doing things and employing people.That is politics.

Han Fei believes that all three are indispensable.He said: "The rule of the Ming Lord is the sky, and his employment is also the ghost. The sky is not wrong, and the ghosts are not trapped. The trend and teaching are strictly against and not against,... Then follow the law." ("Han Feizi Eight Classics." 》) Mingzhu is like the sky, because he acts according to the law and is just and selfless.Mingzhu is also like a ghost, because he uses people's tricks, and people don't know how to use them.This is the magical effect of art.He also has authority, the power to enforce his orders.This is the effect of momentum.These three "cannot be without one, and are all the tools of the emperor." ("Han Feizi Dingfa")

The Chinese respect past experience, and this tradition may come from the way of thinking of the overwhelmingly agricultural population.Peasants are fixed on the land and rarely move.They work the land according to the seasons, repeating these changes year after year.Past experience is sufficient to guide their labors, so whenever they try something new, they always first look back at past experience, and seek precedents from it. This state of mind has had a great influence on Chinese philosophy.So from the time of Confucius onwards, most philosophers have appealed to ancient authorities as the basis for their theories.Confucius' ancient great powers were King Wen of Zhou and Duke Zhou.In order to outwit Confucius, Mozi appealed to the authority of the legendary Yu, who was said to be a thousand years earlier than King Wen and Duke Zhou.Mencius was even better than Mohist, and went further, back to the era of Yao and Shun, earlier than Yu.In the end, Taoism, in order to gain its own right to speak and abolish Confucianism and Mohism, appealed to the authority of Fuxi and Shennong, who were said to be several centuries earlier than Yao and Shun.

Looking backwards like this, these philosophers created the theory of historical regression.Although they belong to different families, they all agree on this point, that is, the golden age of mankind is in the past, not in the future.Since the golden age has passed, the movement of history has been one of gradual regression.Therefore, saving mankind does not lie in innovation, but in retro. The Legalists were the last major family in the pre-Qin period, and they were a clear exception to this view of history.They are fully aware of the changing requirements of the times, and look at these requirements extremely realistically.Although they admit that the ancients were simpler and more virtuous in this sense, they believe that this is due to material conditions, not any inherent high morality.According to Han Fei, in ancient times, "the people are few but rich, so the people don't fight.... Today, it is not too many to have five sons, and there are five sons. But goods and wealth are few, work is hard and support is poor, so the people fight." ("Han Feizi·Five Beetles")

Due to these brand new situations, new problems have arisen, and Han Fei believes that only a brand new solution can be solved.Only fools fail to see this obvious fact.Han Fei used a story as a metaphor to illustrate this kind of stupidity: "In the Song Dynasty, there were plowers, and there were plants in the field. The rabbit ran away, touched the plant and broke its neck and died. Because of releasing it, he guarded the plant, hoping to get the rabbit again. The rabbit cannot be recovered. Yes, but as a Song Guoxiao. Today, if you want to govern the people of this world with the government of the previous kings, you will all stick to the tree." "It is because the sage does not expect to repair the ancients, and the law is always possible, and discusses the affairs of the world, because it is prepared." (Ibid.)

Han Fei’s previous Shang Jun once said similar words: "The way of the people is bad, but it is important to change; the world changes, but the way is different." ("Shang Junshu·Kaisai") This view of history as a process of change, in the eyes of our modern people, is nothing but a cliché.But judging from its opposition to other popular theories in ancient China at that time, it is really a revolutionary viewpoint. In order to adapt to the new political situation, the Legalists proposed a new way of governing the country. As mentioned above, they thought they were invincible.According to them, the first necessary step is legislation.Han Fei wrote: "The one who compiles the pictures and records is set up in the government and distributed to the people." ("Han Feizi Nan San") Through these laws, tell the people what should be done and what should not be done , Once the law is promulgated, the monarch must clearly observe the behavior of the people.Because he is powerful, he can punish those who break the law and reward those who abide by the law.In this way, one can successfully rule the people, no matter how many people there are. Regarding this point, Han Fei wrote: "A sage governs a country by not relying on others to be good for me, but using them for good. There are not many people in the territory; employing people is not allowed to do wrong, and a country It can be made to be uniform. Those who govern use the many and abandon the few, so they do not practice virtue but practice the law." ("Han Feizi. Xianxue") In this way, the monarch uses his power to rule the people.He need not have special talents and high morals, nor need he set his own example or rule through personal influence, as Confucianism advocates. It can be argued that a procedure like this is not really a fool's game, since it requires the ability and knowledge to legislate, and to inspect the conduct of the people, and there are many of them.To this objection, the Legalists' answer is that the monarch does not need to do all these things himself, as long as he has the skill, that is, the skill of using people, he can get suitable people to do it for him. The concept of art is of philosophical interest.It is also an aspect of the inherent doctrine of rectification of names.The doctrine of rectification of names represented by the term "jutsu" is "following the name and being responsible for the truth" ("Han Feizi · Ding Fa"). "Reality".A legalist is someone who holds government office. "Name" is the title of these people.These titles indicate what a person in each position is ideally expected to do.Therefore, "according to the name and being responsible for the truth" is to instruct the person holding a certain position to do everything that the position should ideally do.The responsibility of the monarch is to add a special name to a special person, that is, to bestow a certain position on a certain person.The function of this position has already been stipulated by law.Also indicated by its name.Therefore, the monarch does not need, and should not, worry about the method he uses to complete the task, as long as the task is completed and done well, it will be fine.Well done.The monarch rewards him; otherwise punishes him.That's all. Here it may be asked, how does the monarch know which person is most suitable for a certain position?The legalist's answer is that it can also be known by using techniques.Han Fei said: "As a minister, Chen said that the king is responsible for the merits of the things taught by his words. If the merits are worthy of the deeds, and the deeds are worthy of the words, they will be rewarded; Punishment." ("Han Feizi Two Handles") Treating a few practical examples in this way, as long as the monarch rewards and punishes strictly, incompetent people will never dare to hold a post, even if it is given to him, he will not dare to take it.In this way, all incompetent people will be eliminated, leaving only competent people to hold government posts. But there is still this problem: how does the monarch know whether a certain "truth" really matches his "name"?The answer of the Legalists is that this is the responsibility of the king himself. If he is not sure, he will use the effect to test it.If he is not sure whether his cooking skills are really good, he only needs to taste the dishes he cooks to solve the problem.But he doesn't always have to test the effects himself.He can send others to inspect for him, and these inspectors are "real" and strictly follow their "name" to be responsible. According to the legalists, their way of governing the country is truly something that even a fool can master.The monarch only needs to hold the power of rewards and punishments in his hands.To rule in this way is to "do nothing and do everything". Reward and punishment, Han Fei called the "two handles" of the monarch (ibid.).The reason why the two handles are effective is that human nature seeks benefits and avoids disadvantages.Han Fei said: "Everything governing the world must be based on human feelings. Human feelings have likes and dislikes, so rewards and punishments can be used. If rewards and punishments are available, prohibitions can be established and things can be governed." ("Han Feizi Eight Classics") Han Fei, like his teacher Xunzi, believes that human nature is evil.However, he is different from Xunzi. Xunzi emphasized man-made, using it as a means of turning evil into good, while Han Fei was not interested in it.In the view of Han Fei and other legalists, it is precisely because human nature is what it is that legalist governance is effective.The way of governing the country put forward by Legalists is based on the premise that human nature is what it is, that is, natural evil; it is not based on the premise that human beings will become what they should be, that is, artificial goodness. . "Do nothing and do everything".Inaction is not only a Taoist concept, but also a Legalist concept.Han Fei and the Legalists believed that a monarch must have a kind of great virtue, which is to follow the process of inaction.He should do nothing himself and let others do everything for him.Han Fei said: The monarch should be like "the sun and the moon shine, the four seasons act, the clouds spread the wind; don't tire the heart with wisdom, don't tire yourself with selfishness; put chaos in magic, entrust right and wrong with rewards and punishments, which is more important than weighing ” ("Han Feizi · General") In other words, the monarch has all kinds of tools and machines for ruling, and with these, he can do nothing and do everything. Taoism and Legalism represent the two extremes of Chinese thought.Taoism believes that human beings are originally completely innocent; Legalists believe that human beings are originally completely evil.Taoism stands for absolute individual freedom; Legalism stands for absolute social control.But in the concept of Wuwei, the two extremes meet.That said, they have something in common here. Legalism's rule of Taoism is also advocated by Taoism in the later period, but the words and sentences are slightly different.There is a section in the book that talks about "using the way of the crowd".This paragraph not only distinguishes between active and inactive, but also distinguishes between "use for the world" and "use the world".Inaction is the way of the world.Promising is the way to use for the world.The reason for the existence of the monarch is to rule the whole world, so his function and duty is to do nothing by himself and order others to do it for him.In other words, his ruling method is to use the world by doing nothing.The function and duty of a courtier is to accept orders and obey them.In other words, the function of a courtier is to be useful for the world.This paragraph says: "The top must do nothing to use the world, and the bottom must do something for the world to use. This is not an easy way." ("Zhuangzi · The Way of Heaven") This paragraph goes on to say: "Thus the ancient kings of the world know that even though they fall into the world, they don't think about themselves; even though they can carve all things, they don't talk about themselves; even if they can be poor in the sea, they don't do it for themselves." (Ibid.) Thus, because in case he thinks about something, it means that he does not think about other things, but his function and duty is to think about "all" things under his rule.Therefore, the solution is to let him not worry, speak, or act for himself, but order others to think, speak, and act for him.In this way, he does nothing and does everything. As for the detailed procedure of the monarch's "use of the world", this paragraph says: "It is the ancients who understood the Dao, first tomorrow, and then morality; morality is clear, and benevolence and righteousness are second; ;The division and defense are clear, but the shape and name are second; the shape and name are clear, and the reason is second; Second, the rewards and punishments are clear, but the fool knows what to do, the high and the low occupy the position, and the benevolent and the virtuous follow the sentiment.... This is what is called peace, and the rule is perfect.” (Ibid.) Clearly, the latter part of the procedure is exactly the same as Legalism.This paragraph also goes on to say: "In the ancient saying of Dao, there are five changes, but the form and name can be cited, and nine changes, and rewards and punishments can be spoken. Suddenly, the form and name are spoken, and the origin is unknown. Suddenly, rewards and punishments are spoken, and the beginning is not known. ...Suddenly, the form of the word is called reward and punishment, which has the tool of knowing and governing, not the way of knowing and governing; it can be used in the world, but it is not enough to use it in the world; this is called a debater, a person who has a song." (Ibid.) From this we can see Taoism's criticism of Legalism.The rule of law.A monarch is required to be impartial.He must punish those who deserve it.Even if these are his relatives and friends; he will certainly reward those who deserve reward, even if these are his enemies.As long as he was unable to do so for some time, his whole governing machine collapsed.Such a request is far beyond the capabilities of a person with only moderate intelligence.Only saints can really fulfill this requirement. Confucianism advocates that people should be governed with propriety and virtue.The law should not be punished.They insist on the traditional way of governance, but they don't realize that the environment in which this way was practiced has changed.In this respect, Confucianism is conservative.On the other hand, Confucianism is revolutionary at the same time, reflecting the changes of the times in their ideas.Confucianism no longer insists on class distinctions traditionally based only on family background and property.Of course, Confucius and Mencius continued to talk about the difference between a gentleman and a villain.But in their view, this difference lies in the moral level of the individual, and there is no need to base it on the original class difference. At the beginning of this chapter, it is pointed out that in the early Chinese feudal society, the nobles were governed by etiquette, and the common people were governed by punishment.Therefore, Confucianism requires not only the nobles to be governed by propriety, but also the common people should be governed by propriety instead of punishment.In this sense, Confucianism is revolutionary. In Legalism, there is no class distinction.All are equal before the law and the sovereign.However, the Legalists did not raise the standard of conduct of the common people to the level of propriety, but lowered the standard of conduct of the nobles to the level of punishment, so that they abandoned propriety.Only rely on rewards and punishments, and treat everyone equally. The concept of Confucianism is idealistic, while the concept of Legalism is realistic.For this reason, in Chinese history, Confucianism always accused Legalism of meanness and rudeness, and Legalism always accused Confucianism of pedantry and empty talk.