Chapter 14 Section 2 Taoism and Legalism

Sima Qian wrote "Historical Records", which put Han Fei (about 280-233 BC), Shen Buhui (a man in the middle of the Warring States Period) together with Laozi and Zhuangzi.Han Fei and Shen Buhai are famous legalists.Han Fei's theory had profoundly influenced Qin Shihuang's thinking and Qin Dynasty's politics.The attitudes of Shen and Han are completely opposite to those of Laozi and Zhuangzi.Lao Tzu, Chuang Tzu, and other Taoists advocated giving way in everything; the Legalists advocated actively participating in the struggle and striving to win.Sima Qian said that Shen Buhai asked for the truth to be true, while Han Fei took the law as the criterion, dealt with things practically, distinguished right from wrong, and did not show affection.Sima Qian also believed that the thoughts of Shen and Han "returned to Huang Lao" and "all originated from the meaning of morality" ("Historical Records Biography of Laozi and Han Fei").That is to say, the ideological basis of Shen Buhai and Han Fei is Laozi's philosophy.

The relationship between Shen Buhai and Laozi's philosophy lacks literature. Han Fei wrote "Han Feizi", including "Jie Lao" and "Yu Lao", which shows what Han Fei learned from Laozi's philosophy. "Han Feizi·Jie Lao" says: Things are square and round, short and long, thick and thin, firm and brittle, each with its own principles.Reason is the order, order or organizational structure of things.When things are orderly and orderly, they will not infringe on each other.The rationale for each thing is different.Tao is to investigate the principles of all things, to make everything in its place and to maintain order.

Han Fei also said that all things have life and death, and their respective principles also have life and death. Therefore, principles are not "constant", that is, they are not eternal.There is only Tao, which existed when the heaven and the earth were dissected, and the Tao will not disappear even if the heaven and the earth are eliminated, so the Tao is "constant", that is, it exists forever.Han Fei fully agreed with Lao Tzu's explanation of Tao. Han Fei believes that Tao is the foundation of governing a country, and it comes from the art of preserving the country.A prince must keep his country, and if he cannot keep his own country, he cannot keep his own life.Therefore, the ruler must have the way. If he has the way, he will have far-reaching wisdom. If he is far-reaching, he will not be able to guess.Lao Tzu's way of saving his life by pretending to be deaf and dumb, but in Han Fei's case, it has become a way of governing the country without showing his face and thinking in secret.

Principles are rules.A sage deals with things in full accordance with the rules of things; he acts according to the rules, he is a king of the way; a king of the way can govern the country in an orderly manner.This was Han Fei's inference. What are the rules of governing the country?It is laws and regulations.Laozi said that the stricter the law, the more thieves, so he opposed the rule of law.But in Han Fei's case, the understanding that all things are righteous, rational, and orderly has become the theoretical basis for ruling the country by law. Han Fei advocated that major national affairs must be decided according to laws and regulations, not according to some people's private wishes.Han Fei believes that since it is a national law, everyone must abide by it.Everyone should be treated equally regardless of high or low.In enforcing the law, one should not be afraid of the powerful, not afraid of violence, and not be distorted by eloquent arguments.Ministers who break the law should also be punished; civilians who have made meritorious deeds should also be rewarded.

Han Fei's views on laws and regulations are fundamentally opposed to Confucianism.Confucianism advocates that "punishment should not be punished by a doctor" ("Book of Rites · Qu Li").It means: If a minister or nobleman commits a crime, he will not be sentenced to death or other punishments publicly, but will be given a sword or a damask to commit suicide in an undisclosed place.According to Confucianism, this is the proper way to treat ministers.Han Fei advocated that "ministers should not be evaded if they have been punished" ("Han Feizi Youdu"), that is to say, ministers can be executed publicly.The Qin Dynasty implemented Han Fei's method, and the Han Dynasty also inherited this method.The rulers of later generations often did not use which one.The public execution of ministers is a small step for human beings on the road to equality.This step was taken by the Legalists.And its philosophical basis is in Laozi.

Lao Tzu said that misfortune is closely related to blessings, and misfortunes are hidden in blessings.But he didn't know how it would end.Zhuangzi said that all things gather and disperse in one breath, they are born and die, they are in constant flow and change, without beginning and end, endlessly, and it doesn't matter what the ending is.If there is any ending, it is not to share any blessings and misfortunes, but to be content with fate.Han Fei believes that people fail when they want to be successful, and suffer misfortune when they want to be blessed, all because they don't understand Tao and reason, disobey Tao and reason, and abandon Tao and reason.So, what is the Tao and principle to be obeyed, whether it is a monarch or a subject?It is the law. The "Shou Dao" chapter of "Han Feizi" is all about how to abide by the law.

Han Fei, like Lao Tzu, advocated that the people should be content, saying that there is no greater disaster than not being content.How about contentment?Just like everything has its own reason, be content with your own duty. Han Fei, like Lao Tzu, believes that desire is the root of disaster.When people have desires, they will not see things clearly.The more you can't see clearly, the stronger your desire will be.Strong desires lead to evil intentions, and walking in crooked ways will bring disasters.If the people below have evil intentions, they will harm the monarch; if the monarch brings disaster, it will harm the people: "However, if you want to, you will invade the weak monarch and hurt the people below." ("Han Feizi · Jie Lao") So Han Fei believes that, A wise monarch is not obsessed with sensuality and playfulness: "Mingjun is cheap and playful, and he will go to lustful beauty." ("Han Feizi·Jie Lao") Han Fei, like Lao Tzu, opposes ornamentation and advocates simplicity.It is believed that etiquette is the decoration in people's communication and the root of disaster.

Han Fei said that etiquette is the decoration of true feelings and the decoration of essence.True love needs decoration, not kindness; essence needs embellishment, not good nature.Heshibi does not use multicolored decorations, and Suihou pearls are not inlaid with gold and silver, because they are very beautiful in nature and true feelings, and decoration cannot add color to them.Therefore, what needs decoration is not beautiful.Han Fei believes that if the true feelings are deep, the appearance will be weak; on the contrary, if the rituals are frequent, the true feelings will decay.Ordinary people, when their own courtesy to others is not responded to, blame others, and even feel resentful.Therefore, Han Fei, like Lao Tzu, opposed etiquette.Han Fei even believes that those who are knowledgeable and able to speak out some truths, those who cultivate themselves to be morally noble, those who wear sharp swords and go about fighting for justice, those who are highly skilled and can create all kinds of novelties, and those who Those who go east and west to do business are all country idiots, they only waste food, they are useless stones, and they are puppets made of wood carvings and clay.Not only is it useless, but they are also troublemakers and the source of social instability. Their activities should be banned firmly, and they should all be farmed, or they should not be soldiers.

What if someone is restless and dissatisfied?Lao Tzu has already said, arrest and kill those who take the lead in making trouble, and see who dares to make trouble!Han Fei advocated the use of severe punishment, which is also based on the theory of "Laozi". Sima Qian thought Han Fei's proposition was too cruel.But Han Fei said that people are afraid of cruel methods, and if they are afraid, they will break the law less, and if they break the law less, they will be punished less. Cruelty is for the sake of not being cruel. Qin Shihuang admired Han Fei's theory very much, and he used Han Fei's theory to govern the country.But the Qin Dynasty perished soon, and Han Fei's theory was criticized a lot.