The first to use the term fa jia was Sima Qian`s father, Sima Tan 司馬談 (died 110 BC). In an essay on the «nature of the six schools of thought,» Sima Tan notes that fa jia «are strict and have little kindness» and «make no distinction between relatives and strangers, or between nobles and viles: everything is determined by norm (or law, fa).» Sima Tan criticized the legalists` approach as «a one-off policy that could not be applied constantly,» but also praised Jia Fa for «honoring leaders and devaluing subjects and clearly distinguishing functions so that no one can override [his responsibilities]» (Shiji 130:3289-3291; for translations, see Smith 2003:141; Goldin 2011:89). A century later, the bibliographic category fa jia was created. Liu Xiang, Han librarian 劉向 (79–8 BC) AD) identified ten texts in the Han Imperial Library as Fa Jia (Han shu 30:1735). From then on, the «legalistic school» remained a main category of imperial book catalogues. Since the beginning of the 20th century, this term has been widely used to classify and analyze ancient Chinese thought. The history of legalism in Korea dates back to Gyeonggukdaejeon, a code of laws compiled during the Joseon Dynasty. There is a mixed perception of legalism within South Korean society, as the military regime used the concept of legalism as a governmental tool after World War II. The ideas are closely related to Chinese legalism, but sometimes differ in some Koreans` aversion to what they see as China`s use of legalism to legitimize Chinese imperialism. [1] Most Chinese philosophers and political thinkers held negative views of legalism and associated it with totalitarianism.

Many Chinese scholars believe that the backlash against legalism has led Chinese imperial policy to emphasize personal relationships and morality rather than the rule of law. Most Chinese historical documents were written by Confucian scholars persecuted among the Qin, and therefore may represent a biased view. The method by which a ruler exercises control, or shu (術 shù), was based on a Taoist view of nature as an amoral force. Unlike Confucianism, which legitimizes a ruler`s authority on the basis of superior moral character and wisdom, legalism attributes authority to the historical position of the ruler. Shen Dao (慎到, c. 350 BC-275 BC) A.D.) A Chinese philosopher from Zhao, whose writings were mentioned in the works of Han Fei and Zhuang Zi, argued that authority arises and is maintained because of the nature of actual circumstances, and not in accordance with an abstract set of moral values. According to Shen Dao, things simply flow according to the natural course of the path (the Tao) and do not organize themselves in such a way as to conform to an ethical system. Shen Buhai formalized the concept of shù (術, «methods»), a bureaucratic administrative model to assist the ruler and prevent mismanagement. In legalism, the intelligent minister was the ruler`s most important instrument of government. The minister`s job was to understand and regulate certain issues; The leader was responsible for properly assessing the ministers` achievements. The ruler must master the technique of comparing words (ming) and performance (xing). For more than 200 years, the Chinese people have experienced war as their daily reality, and a legalistic approach to trying to control people`s worst impulses – controlling people through the threat of severe punishment for injustice – would have been the best way to deal with the chaos.

Shang Yang`s legalism dealt with everyday situations, but also extended to how to behave in wartime, and he is credited with the tactic of total war, which allowed the Qin state to defeat other warring states in order to control China. During the Qin Dynasty, all books that did not support legalistic philosophy were burned, and writers, philosophers, and teachers of other philosophies were executed. The excesses of legalism of the Qin Dynasty made the regime very unpopular with the people of the time. After the fall of Qin, legalism was abandoned in favor of Confucianism, which significantly influenced the development of Chinese culture. Shen Buhai (申不害, † 337 BC), chief minister of Han from 351 to 337 BC. AD, is credited with the letter Shenzi and creates an administrative system integrated with legalism. Shen mainly dealt with government administration through bureaucracy. His system required a strong rule in the middle.

The ideal leader should stay away from his officials, keep his or her innermost convictions secret, and maintain independence of thought; The leader should be the loneliest person in the world. Shen Buhai saw the biggest threat to the power of a leader coming from within. He believed that threats from powerful independent ministers to take power were more dangerous than threats from outside. Shen defended the concept of shu (術 administrative methods/techniques) and advocated a system of maintaining control against the power of individual officials and equality among officials. Legalism was discredited by later dynasties and ceased to be an independent school of thought. However, ancient and modern Confucian observers of Chinese politics have argued that some legalistic ideas have merged with mainstream Confucianism and still play a role in government. The philosophy of imperial China can be described externally as Confucianism (along with Buddhism during the Sui and Tang dynasties) and legalism within (儒表法裏). Such an excess of laws was created that, although each law was simple and clear in itself, a contradictory law could always be found. Submission to one law easily brought one person into conflict with another, so there were always reasons to accuse almost everyone, regardless of social position, of violating one of them. The officer and his directors had ultimate authority to choose which laws should be prosecuted and when prosecutions should be stopped because one law was violated by another; In this way, they retained control of their subordinates. The jurists stressed that the head of state is endowed with the «secrecy of authority» (勢 shì) and that his decisions must always require the respect and obedience of the people. Shen Dao and Shen Buhai devalued the charismatic leader`s importance and instead emphasized his position as a source of authority.

The purpose of legalism was to establish a «natural» and automatic politics that would be consistent with Dao (the way the natural world works). A leader must therefore embody Dao by practicing «non-action», «emptiness» and «calm» to allow the natural flow of events. The leader should not act, but let his subordinates act and be responsible for the consequences of their actions. The position of the ruler is comparable to the centre of a ladder or ladder; The center does not move, but knows which side of the ladder is heavier than the other. The ruler must distance himself and use the «two grips» of reward and punishment or power over life and death to control his people. See also: Nine schools of thought and one hundred schools of thought originated in Wei when state prime ministers Qin Shang Yang or Gongsun Yang pursued a «comprehensive plan to eliminate the hereditary aristocracy.» He drew boundaries between private factions and the central and royal state, addressing the issue of meritocratic appointment: «To favor one`s own parents is to use self-interest as one`s path, while what is equal only prevents selfishness from progressing.» [105] When the assembly of officials has met, the leader lets everyone do what he wants (zi ming). If the result matches the claim, this is called «standing». If this is not the case, it is called a «hollow». [274] The syncretic Han Dynasty text, the Huainanzi, writes that an excavated Qin text consists of twenty-five abstract models that guide the process based on real-life situations.

[121] Now, if the ruler listens to [a certain] doctrine, if he approves of its doctrine, he must spread it among the officials and employ their followers; If he disapproves of their doctrine, he should dismiss their disciples and cut them off. (Han Feizi 50:459) Those in the world who perform tasks cannot do without models (Fa) and standards. There is no one who can do their job without models and standards. Even officers who serve as generals or ministers all have role models; Even the hundred craftsmen who perform their tasks also have all the models. The hundred craftsmen make squares with the square fixed, circles with the compass, straight lines with the string, vertical lines with the plumb line and flat surfaces with the plan. Whether they are skilled craftsmen or unskilled craftsmen, all take these five models to follow. Professionals are able to adapt to this. The unskilled, although unable to adapt to it, always surpass what they can do themselves by following them in the accomplishment of their tasks.