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Chapter 180 Out of the Mountain 11

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Han Fei's view of evolutionary history was progressive at that time. He saw the development of human history and used this development perspective to analyze human society.

Han Fei linked social phenomena with economic conditions, which was rare at that time. Han Fei had a preliminary understanding of the relationship between economy and social governance and chaos, and noted the relationship between population growth and wealth. He was the first thinker in Chinese history to propose that "the people but the money is small" would bring social problems.

The Legalists' propositions are different from those of Confucianism and Mohism. The Legalists insist on the theory of historical evolution and believe that history is constantly developing and progressing, which is rare among the various schools of thought. The Legalists oppose conservative retro ideas, advocate keen on reform and reform to strengthen. They believe that history is developing forward, and all laws and systems must develop with the development of history. They cannot go backward or follow the old. Shang Yang clearly put forward the proposition of "not following the past and not following the present". Han Fei further developed Shang Yang's proposition, proposing that "the time changes but the governance is not easy to be chaotic." He satirized the conservative Confucianism as a foolish person who was waiting for the rabbit.

Han Fei paid attention to studying history and believed that history was constantly developing and progressing. He believed that if the present world still praised the way of "Yao, Shun, Tang, and Wu" and "we will definitely laugh at the new saints." Therefore, he advocated that "if you do not expect to practice the ancients, you will be able to be unlawful", "if the world is different, things are different, and things are different, and things are ready for change" ("Han Feizi·Five Worms"), and policies should be formulated based on today's reality. His historical view provided a theoretical basis for the reform of the landlord class at that time.

law

Law-based

The Legalists were the faction that most valued the law among the pre-Qin philosophers. They were famous for advocating the "rule of law" of "rule of law" and proposed a complete set of theories and methods. This provided an effective theoretical basis for the centralized Qin Dynasty that was later established. The later Han Dynasty inherited the centralized system and legal system of the Qin Dynasty, which was the political and legal subject of ancient feudal society in my country.

The Legalists have made contributions to jurisprudence, and have discussed the origin, essence, role of law, and basic issues such as the social economy, the requirements of the times, state power, ethics, customs, customs, natural environment, population, and human nature, and have been effective.

The Legalists believe that people have the nature of "being interested in profit and evil harm" or "just avoid harm". As Guanzi said, merchants travel day and night, but do not feel far away from traveling thousands of miles, because interests attract him in front of them. Fishermen are not afraid of danger, sail against the current, and do not care about the distance of a hundred miles, and they also pursue the interests of fishing. With this same idea, Shang Yang concluded: "There are likes and dislikes in life, so the people can be governed."

Rule of the country by law

Han Fei's works summarized the experience of the Legalists in the early stage and formed a political ideological system that combines law, art and power with law as the center. Han Fei focused on summarizing Shang Yang, Shen Buwei and Shen Dao's thoughts, and integrated Shang Yang's law, Shen Buwei's art and Jing Dao's momentum into one. He praised Shang Yang and Shen Buwei, and pointed out that the biggest disadvantage of Shen Shang's theory is that it did not combine law with art. Secondly, Shen, the second biggest disadvantage of Shang's theory is that it is "not finished", "Shen Zi has not finished art, and Shang Jun has not finished law.

”. (Han Zi·Dingfa) Han Fei discussed the content of magic and the relationship between the two according to his own point of view. He believed that when the country seeks governance, he required the monarch to make good use of power and skills, and at the same time, the subordinates must abide by the law. Compared with Shen Wuwei, Han Fei's "art" mainly developed in "skill to know evil". He believed that the monarch should not trust his subordinates too much, but should also "examine the name of punishment". In terms of law, Han Fei particularly emphasized the idea of ​​"using punishment to stop punishment", emphasizing "severe punishment" and "heavy punishment".

Han Fei believed that it was not enough to have laws and techniques alone, and there must be "power" as a guarantee. "power" means power and power. He praised Shen Da's argument that "Yao cannot govern three people for being a man, but Jie can disrupt the world as the emperor" ("Disao"), and put forward the argument that "If you hold on to the law, you will govern, and if you go against the law, you will be confused" ("Disao").

Han Fei's idea of ​​rule of law adapted to the needs of a certain historical development stage in China and played a certain theoretical guiding role in the establishment of China's feudal centralized system.

The law is not precious

What is particularly commendable is that Han Fei clearly put forward the idea of ​​"the law is not noble" for the first time, advocating that "the punishment does not avoid ministers, and rewards does not abandon good men." This is a major contribution to China's rule of law thinking, and has had a positive impact on eliminating the privileges of aristocrats and safeguarding the dignity of the law.

Confucianism emphasizes that "rituals do not go to common people, and punishments do not go to officials." However, the Legalists represented by Han Fei have developed it into the face of the law, and everyone is equal. Even the law is not favored by noble people and powerful people. "Han Zi Youdu": "The law is not noble, and the rope is not circumcised. The law is added to it, and the wise cannot refuse, the brave dare not fight, the punishment is not avoided by ministers, and the reward is not abandoned by ordinary men."

Take the law as the teaching

Han Fei advocated the use of law as a teaching, which means that in addition to formulating laws, it is necessary to promote the law, popularize legal knowledge, abide by the law, and use the law to enable the entire society to form a good atmosphere of "knowing the law, understanding the law, and abide by the law." (Source "Han Zi·Five Worms": "Therefore, a country with a wise ruler does not have a text with a brief text, and uses the law as a teaching.")

The greatest practitioner of Han Fei's Legalist thought was Qin Shihuang. The education system of Qin State was the Legalist thought. Taking law as a teaching was one of the symbols of the implementation of policies in the Qin Dynasty, strengthening the ideological and legal system, and consolidating centralization.

Law and religion are opposite to etiquette. Before Qin unified the six kingdoms, Qin Xiaogong discussed the basis of the law with the three officials of Shang Yang, Gan Long and Du Zhi. After Shang Yang took over the Qin regime, he emphasized the replacement of etiquette governance with the legal system. The so-called "knowing people do the law and the wise people change their etiquette ("Shang Jun Book·Refreshing Fa"). He also wrote a memorial, stating that those who are loyal to the people in this world and who are scattered and led their country should not be forgotten for a moment ("Shang Jun Book·Refreshing Fa").

Han Fei's idea of ​​rule of law has certain practical significance in later generations, especially its theory of combining "law, art, and momentum". Han Fei's "law-based" proposition has been practiced in reality and has become the mainstream contemporary idea. Han Fei also emphasized "law-based" which also made future generations understand more that in addition to formulating laws, it is necessary to promote the law and popularize legal knowledge, so that the general public knows the law, use the law, abide by the law, and enable the entire society to form a good atmosphere of "knowing the law, understanding the law, and abide by the law."

Han Fei's "skill" refers to the means and strategies of the rule of the king. Today, it can become a management method for managers. For example, if the person being managed needs to conduct business assessments, they must be true; those who have achieved success in their work will be praised and those who are incompetent in their work will be punished;
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