Abstract

Legalism is a popular—albeit quite inaccurate—designation of an intellectual current that gained considerable popularity in the latter half of the Warring States period (Zhanguo, 453–221 BCE). Legalists were political realists who sought to attain a “rich state with powerful army” and to ensure domestic stability in an age marked by intense inter- and intra-state competition. They believed that human beings—commoners and elites alike—will forever remain selfish and covetous of riches and fame, and one should not expect them to behave morally. Rather, a viable sociopolitical system should allow individuals to pursue their selfish interests exclusively in ways that benefit the state, viz. agriculture and warfare; while a proper administrative system should allow officials to benefit from ranks and emoluments, but also prevent them from subverting the ruler’s power. Both systems are unconcerned with individual morality of the rulers and the ruled; rather they should be based on impersonal norms and standards: laws, administrative regulations, clearly defined rules of promotion and demotion, and the like. Legalist thinkers contributed greatly to the formation of China’s empire both on the theoretical level and as political practitioners; and many of their ideas continued to be employed throughout China’s history. Yet their derisive views of moralizing discourse of their rivals, their haughty stance toward fellow intellectuals, and their pronouncedly anti-ministerial rhetoric all gained them immense dislike among the imperial literati. From China’s second imperial dynasty, the Han (206 BCE–220 CE) on, the prestige of Legalism declined; only a few texts associated with this current survived intact; and even in the modern period, notwithstanding sporadic outbursts of interest in Legalism, this current has not received adequate scholarly attention.