The Confucian Legalist State

"The Confucian-Legalist State proposes a new theory of social change and, in doing so, analyzes the patterns of Chinese history, such as the rise and persistence of a unified empire, the continuous domination of Confucianism, and China's impossibility to develop industrial capitalism without being compelled by Western imperialism"--

This is the first book to make the philosophy of Hanfei available at an introductory level. This fascinating thinker not only directly influenced the first Chinese Empire, but also embodied the strongest alternative to Confucianism in Chinese thought. Even today, his thinking influences China. It introduces key concepts and arguments in Hanfei’s legalist philosophy. It also contextualizes this thinking within Chinese history and in a comparative approach. The book will appeal to a wide audience interested in Chinese political philosophy, as well as to historians, social and political scientists.

This text discusses the Chinese Legalists, an ancient school of Chinese philosophy which flourished during the Period of the Hundred Contending Schools (6th-3rd century B.C.E.) The school perfected the science of government and art of statecraft to a level that would have greatly impressed Machiavelli. This period and its personalities, as well as a taste of the style and spirit of the Legalists' discourse, are made accessible to the student and general reader, placing into focus the roots of the great Chinese philosophy-as-statecraft tradition. The Legalists - most famously Li Kui, Shang Yang, Shen Buhai, Shen Dao, and Han Fei - had a great impact not only on the institutions and practices of Chinese imperial tradition but also on the Maoist totalitarianism of the People's Republic of China.

Philosophers of the Warring States is an anthology of new translations of essential readings from the classic texts of early Chinese philosophy, informed by the latest scholarship. It includes the Analects of Confucius, Meng Zi (Mencius), Xun Zi, Mo Zi, Lao Zi (Dao De Jing), Zhuang Zi, and Han Fei Zi, as well as short chapters on the Da Xue and the Zhong Yong. Pedagogically organized, this book offers philosophically sophisticated annotations and commentaries as well as an extensive glossary explaining key philosophical concepts in detail. The translations aim to be true to the originals yet accessible, with the goal of opening up these rich and subtle philosophical texts to modern readers without prior training in Chinese thought.

This volume shows the influence of the Sage's teachings over the course of Chinese history--on state ideology, the civil service examination system, imperial government, the family, and social relations--and the fate of Confucianism in China in the nineteenth and twentieth centuries, as China developed alongside a modernizing West and Japan. Some Chinese intellectuals attempted to reform the Confucian tradition to address new needs; others argued for jettisoning it altogether in favor of Western ideas and technology; still others condemned it angrily, arguing that Confucius and his legacy were responsible for China's feudal, ''backward'' conditions in the twentieth century and launching campaigns to eradicate its influences. Yet Chinese continue to turn to the teachings of Confucianism for guidance in their daily lives.

Shao-yun Yang challenges assumptions that the cultural and socioeconomic watershed of the Tang-Song transition (800–1127 CE) was marked by a xenophobic or nationalist hardening of ethnocultural boundaries in response to growing foreign threats. In that period, reinterpretations of Chineseness and its supposed antithesis, “barbarism,” were not straightforward products of political change but had their own developmental logic based in two interrelated intellectual shifts among the literati elite: the emergence of Confucian ideological and intellectual orthodoxy and the rise of neo-Confucian (daoxue) philosophy. New discourses emphasized the fluidity of the Chinese-barbarian dichotomy, subverting the centrality of cultural or ritual practices to Chinese identity and redefining the essence of Chinese civilization and its purported superiority. The key issues at stake concerned the acceptability of intellectual pluralism in a Chinese society and the importance of Confucian moral values to the integrity and continuity of the Chinese state. Through close reading of the contexts and changing geopolitical realities in which new interpretations of identity emerged, this intellectual history engages with ongoing debates over relevance of the concepts of culture, nation, and ethnicity to premodern China.

The Book of Lord Shang was probably compiled sometime between 359 and 338 BCE. Along with the Han Fei-Tzu, it is one of the two principal sources of Legalism, a school of Chinese political thought. Legalism asserts that human behavior must be controlled through written law, rather than ritual, custom or ethics, because people are innately selfish and ignorant. The law is not effective when it is based on goodness or virtue; it is effective when it compels obedience. This is essential to preserve the stability of the State. Reprint of Volume XVII in Probsthain's Oriental Series. With a Chinese index and an index of names and references. "The Book of Lord Shang or Shang-tzu is said to consist of 29 paragraphs, of which the text for nos. 16, 21, 27, 28 and 29 being no longer extant. The translation of Prof. Duyvendak therefore covers only twenty-four paragraphs and is based on an edition published by Yang Wan-li in 1793, which was reprinted by the Ch -chiang-shu-ch in 1876 in the "Collection of Twenty-two Philosophers." Of all the editions published before or after that date, this is the best known. (...) The Chinese text of the Book, like many other ancient writings, is obscure in some parts and corrupt in others. (...) The reviewer is therefore forcibly struck by the faithfulness, definiteness and clearness of Dr. Duyvendak's translation." --13 Chinese Soc. & Pol. Sci. Rev. 459-460, 462 1929. J.J.L. Duyvendak 1889-1954] was an interpreter for the Dutch embassy in Peking from 1912-1918. In 1919 he became a lecturer in Chinese at the University of Leiden. He was the author of China's Discovery of Africa; Lectures Given at the University of London on January 22 and 23, 1947 (1949) and edited and translated several works, including The Diary of His Excellency Ching-shan; Being a Chinese Account of the Boxer Troubles by Shan Jing (1924). He established the Sinological Institute at the University of Leiden in 1930. It is now one of the leading libraries for Chinese Studies in the Western world.

Traditionally, social theorists in the West have structured models of state social control according to the tenet that socialization is accomplished by means of external controls on behavior: undesirable actions are punished and desirable actions result either in material reward or a simple respite from the oppressive attentions of an authoritarian state. In this volume, the author presents the tradition of law in China as an exception to the Western model of social control. The Confucian bureaucracy that has long structured Chinese social life melded almost seamlessly with the Maoist revolutionary agenda to produce a culture in which collectivism and an internalized adherence to social law are, in some respects, congenital features of Chinese social consciousness. Through her investigation of the Maoist concept of revolutionary justice and the tradition of conformist acculturation in China, the author constructs a fascinating counterpoint to traditional Western arguments about social control.