Author: Zhou Chen
Publisher:
Publish Date: 2004-04-01
Features: Han Fei lived in the middle and late Warring States period. Since the late Spring and Autumn period, after one or two hundred years of wars of conquest, the country had once again seen a unified trend, and a centralized feudal autocratic government was about to be established. Han Fei's theories provided extensive arguments for the birth of the new regime and made outstanding contributions to political theory and philosophical thought. Which of the feudal states had the power to unify the country? This had to be tested in fierce struggles. During Han Fei's time, the countries that survived the constant wars of conquest were the stronger ones, known as the "Seven Powers of the Warring States": Qin, Qi, Chu, Han, Zhao, Wei, and Yan. All seven states had the potential to unify the world, but due to differing political situations, they had already emerged as vastly unequal in strength. Han Fei was a prince of the State of Han. This unique political status made him share the fate of his homeland, and he fervently hoped his country could become strong and take on the responsibility of unifying the world! However, at that time, the State of Han was very weak, while the Western State of Qin was flourishing and posed a significant threat to Han. In this complex situation, a group of strategists known as the "" (Zongheng-Jianheng) were active. Those who advocated "Zongheng" (alliance against Qin) called for the six states of Shandong to unite and resist Qin, while those who advocated "Lianheng" (allying with Qin) persuaded the six states to serve Qin. Whether Zongheng or Lianheng, Han was always at the forefront. Because Han was located at the eastern gateway of Qin, if Zongheng was adopted, it would have to lead the attack on Qin; if Lianheng was adopted, it would have to submit to Qin first, only to be attacked by the other states of Shandong. This illustrates the difficult position of Han, which had to seek a fundamental strategy for strengthening itself. Han Fei believed: In ancient times, grass and trees were lush, and there were many wild animals. Men did not need to farm; gathering the fruits of plants was enough to sustain them. Women did not need to weave; stripping animal hides was enough to protect them. Therefore, people did not need to compete to obtain sufficient provisions. However, the population multiplied exponentially, and natural resources gradually became scarce. Even with hard labor, life remained difficult, inevitably leading to conflicts. This analysis, though not entirely scientific, was noteworthy compared to the views of other schools of thought, as it first focused on changes in socio-economic conditions, which had merit. During the Warring States period, society underwent even greater changes, and the old methods of governance were no longer applicable. How could the various social contradictions be resolved? Confucians advocated benevolent governance, citing ancient texts and praising the sages of old, promoting their benevolent policies and portraying the legendary past as an ideal kingdom. However, this could not solve the practical problems of the time. Han Fei's proposals differed from this, arguing that in the current "era of fierce competition" and "times of great turmoil," rulers must adopt the legal system with the best performance. During the transition from the Spring and Autumn period to the Warring States period, several major feudal states had implemented reforms. These reforms involved changing the old laws and systems, requiring all levels of society to comply with the newly established laws suited to the current circumstances. This restricted the interests of the nobility and negated the rule by decree, which largely depended on the ruler's personal will. Such reforms inevitably faced fierce opposition, and many reform-minded politicians were killed by the old forces. However, the success or failure of these reforms was very evident. Shang Yang's successful reforms in Qin transformed the state from a backward condition into a leading one. Wu Qi's failed reforms in Chu left the state stagnant, despite its vast territory, large population, and abundant resources, which gradually showed signs of decline. From historical experience, Han Fei realized that only the legal system could revitalize Han. He emphasized that as long as a country firmly implemented the legal system, it could also become prosperous and strong, no matter how powerful its neighbors were. It is known that Han Fei was a highly influential figure in the school of Legalism. Early Legalism included three main schools: "Fa" (Law), "Shu" (Methods), and "Shi" (Power). Each proposed theories and measures to consolidate the state. Han Fei inherited and developed these three schools, integrating them into a comprehensive new theory of Legalism. The "Fa" school, represented by Shang Yang, essentially meant that laws existed as soon as human society entered the class system. However, early laws were primarily in the hands of rulers, mainly used to control the ruled. During the Spring and Autumn period, the State of Zheng cast legal texts on bronze drums and publicly announced them. Sima Xiang of Jin opposed this, arguing, "If the people know the law, they will not fear the ruler." This shows that if there were laws universally followed within the state, the authority of the ruler would be weakened. During the reign of Wen of Wei, Li Kui advocated "rewarding labor and rewarding merit," writing the "Six Articles of the Law" and listing the prevention of theft as the top priority, which was based on consolidating private property rights. Shang Yang was a student of Li Kui and promoted his theories, implementing reforms in Qin and adopting many severe measures. He "abolished the common land system and opened up fields," strengthening private land ownership. To enhance national strength, he promoted the policy of "farming and warfare," rewarding those who achieved success in agriculture or military exploits. Even members of the Qin royal family who did not achieve military merit could not be honored. Due to the implementation of this policy, Qin's agricultural production flourished, and its people were brave in public struggles but timid in private disputes, making its military extremely powerful. Later, Qin was able to unify the world, all thanks to the solid foundation laid during this period. Han Fei placed "Fa" (Law) in the foremost position. The "Fa" he referred to was the codified law that embodied advanced legalist thought. Such laws had to be issued by the government, made known to all households, and serve as the standard for the entire nation. Theoretically, everyone except the ruler had to abide by the laws. If the nobility broke the law, they would be punished; if the common people achieved merits, they could be rewarded. Han Fei proclaimed that this law was absolutely just, ensuring that both the nobility and the common people could occupy their proper positions under its provisions.
Selected Translation of Han Feizi
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