Ruthless Law-One of the Philosophers in ancient China:
Problems of Legalists (Han Fei’s thought and Shang Yang’s sorrow) :Essay
Han Fei(韓非)
The following words and explanations are the main work of Han Fei(韓非), the representative of the legalist, in the great book "Chinese Classical Quotations Encyclopedia" (Kodansha) by Tetsuji Morohashi. It is a passage of "Han Feizi".
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The harm that invades the government is more serious than the cold.
(Two patterns) Beyond the job, reaching out to other areas is more harmful than the cold weather. Han Hou(昭侯) was drunk and slept. At this time, an official , who was in charge of the crown, put on his clothes, thinking that it would be cold. Awakened, Han Hou was pleased with it for a while, but soon after he knew that the official had done what he mustn’t do, he thought as shown act of over-rights . and other official in charge of clothes did dereliction of duty. It is said that he punished both of the officials.
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403P-404P It sounds good to say, "The law applies equally to everyone," but there is also such a story.
Qin's chief vassal (of course, a legalist): When Shang Yang (商鞅)was guilty and asked for an inn at the inn where he fled, master said, "There is a law decided by Shang Yang, so if you don't have a bill, you can't stay overnight. The amazing reality of "I can't do it" struck Shang Yang. About the idea of Han Fei (280BC? -233BC), which is the source of the idea of the legalist, from the wiki (Han Fei) Utilitarian view of humanity In principle, Han Fei's view of humanity shares a common perspective with Confucius, but strictly speaking, it is close to Xun Kuang's “Human nature is evil”.
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It presents a kind of natural state hypothesis that there was no struggle when there were few people, and develops an argument that changes in the external environment and physical conditions affect humanity. According to Han Fei, people are peaceful when there are many supplies and few people, and conversely, when there are few supplies and there are many people, they are in conflict.
In a struggling society with more people, such as the time when Han Fei lived, the laws and punishments in a peaceful environment are meaningless, and the laws and punishments must be changed according to the times. Some people just look at the lightness of the punishment and say that if the punishment is small, it is charity, and if the punishment is severe, it is cruel, but since the punishment is in line with the trends of the world, this criticism does not apply.
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Han Fei, who impressed Qin Shi Huang(秦の始皇帝), ended his life without serving the emperor, but the remaining Shang Yang, Li Si, and the top Qin Shi Huang are all ruthless and implement laws that afflict the people. Did you do that? In particular, Li Si is a plotter who is jealous of Han Fei's talent and kills him. However, Li Si will be destroyed by the plot he himself took. After the Qin dynasty, which imposed such a fierce legal system on the people, was destroyed, Han Liu Kun(劉邦) was praised by the people, saying, "The law is only in Chapter 3."
However, speaking of law, it is a well-known fact that in modern Japan, legislation that is advantageous only to the politicians, such as "collusion crimes," was carried out under the Abe Cabinet. Rather, Japan is heading for a hellish nation like Qin. It is a society in which people cry in any era and in any country that cracks down on even the smallest acts of law.
A word of the day: It seems that the history of Han Fei is written in "History(史記)", "Lao Tzu Han Fei Retsuden(biography) No. 3" and "Li Si biography " by Sima Qian (WIKI),and Sima Qian seems to make Han Fei comparable to Lao Tzu. Is’t it?
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