In the hundred families of the pre-Qin Dynasty, the Legalists seem to be fundamentally different from the Taoists, the Legalists belong to the hardliners in political philosophy, implement the rule of law, impose the monarchy, pay attention to power, and be active and enterprising; while the Taoists advocate "winning the strong with the weak", advocating "ruling by doing nothing", advocating "retreating to advance", "knowing their males, guarding their females", etc., and are good at winning with jujitsu, but Han Fei, the master of the Legalists, was greatly influenced by Lao Tzu, and he stood on the position of the Legalists and inherited Lao Tzu's strategic ideas. As a result, it enriched the theoretical system of the Fa, and the traces of Lao Tzu's thought in Han Fei's thought are very obvious, and Lao Tzu's "Taoism" and "Daoshu" theories are important theoretical sources for Han Fei to construct his system of thought of Fa, Shu, and Fa.
Portrait of Han Fei
Han Fei (c. 280 BC – 233 BC) was a native of Sinjang (present-day Henan) at the end of the Warring States period, whose ancestors were originally Korean nobles, but later the Han family declined, and by the time of Han Fei, they had fallen to the rank of scholars. Han Fei was very talented, he and Li Si were both disciples of the famous Confucian figure Xunzi, but Han Fei, like Li Si, did not inherit the Confucian doctrine of mentality, but paid more attention to political strategy, and if we look at the Confucian theory of "inner and outer kings", both Han Fei and Li Si paid more attention to the aspect of the "outer king" theory in the Xunzi theory than to the aspect of "internal victory". Li Si later became a famous figure in the Qin State, and although Han Fei had great theoretical achievements in political strategy, he was not as strong as Li Si in the political arena, and as a result, Han Fei did not have the effective political or war resources that Han Fei could earn for Korea in the Qin State, nor did he have a counselor who could be called Qin Shi Huang, and he died unjustly in the prison of the Qin State and became a wronged soul in a foreign country. Of course, although Han Fei was not good at words and cunning enough, his articles were very well written, and his Legalist thought was one of the most brilliant theories in the pre-Qin Zhuzi doctrine. There is a saying in history that after Qin Wang Yingzheng saw Han Fei's article, he couldn't help but clap the case and exclaimed: "Oh, the widow has to see this person swimming with him, and he doesn't hate it." Han Fei's Legalist Strategy is indeed very noteworthy, and to this day, Han Fei's non-legalist thinking is still worth exploring.
Han Fei and Li Si (stills)
<h1 class="pgc-h-arrow-right" data-track="41" > first, Han Fei systematized the theory of "law, technique, and potential" and pushed the legalist theory to the theoretical peak. </h1>
The Fa's strategy for governing the country is concentrated in the three important theoretical aspects of "law," "potential," and "technique." Shang Martin, Shen Zhi, and Shen Bu Harm were the representative figures who advocated these three aspects of thought, respectively, and later, Han Fei absorbed the ideas of these three people and became the master of the Fa.
First of all, Shang Martin created the legalist theory with "law" as the main idea. With the support of Qin Xiaogong, Shang Martin promoted the reform of the law in the Qin State, adhering to the rule of law first, he emphasized that "if the world is not governed together, the country will not be lawless", and strive to promote the policy of innovation. The Shang martingale transformation method made the Qin state quickly become a powerful princely state, laying the foundation for the unification of the world in later generations. The success of the martingale transformation method not only tested the doctrine of the jurists, but also promoted the influence of the theory of the jurists. His rule of law ideology was an important part of the pre-Qin jurist theory.
Secondly, Prudential created the theory of the Dharma with "potential" as the main idea. Cautious enough to lecture under the jixia and spread the doctrine of the Dharma, he emphasized that "the people are one in the king, and things are decided by the law." In a cautious view, the hundred officials and the people must obey the monarch's decrees, and the monarch must act absolutely according to the law, so he emphasized "abiding by the law with death", believing: "Officials do not have private relatives, the law does not leave love, there is nothing to do up and down, only the law is there." In addition, Prudential also believes, "The Dharma, so the movement of the whole world, to the gongda set the system also." Therefore, the wise man must not go beyond the law and wantonly plot, the debater must not go beyond the law and argue, the scholar must not be famous for violating the law, and the subject must not be wronged by the law and have merit. I am overjoyed, I am angry, I am inseparable, my law cannot be separated, my flesh and bones can be punished, my relatives can be destroyed, and the law cannot be quenched." He also believed: "Those who are kings do not listen much, and according to the law, they rely on the number of gains and losses." Unable to speak, not listening to the ears; unable to work, not trying to do work; no labor relatives, not appointed to officials. Officials do not have private relatives, and the law does not leave love. There is nothing up and down, only the law is there. The Law is the basis for judging and judging all policies. The monarch is in accordance with the law and holds the law, so if the monarch can emphasize the "potential", he should also emphasize the "potential", and the "potential" is to emphasize the law, and the monarch can effectively enforce the law by fighting the "potential". Once the monarch loses power, he loses his prestige and it is difficult to enforce the law.
Third, Shen Buxian put forward a legalistic management strategy based on "techniques." Shen Buxi was a minister in Korea, he assisted Han Zhaohou in carrying out reforms, and his ideological characteristics were to combine "technical rule" with "rule of law" and strengthen the "rule of law" with "magic rule." With the assistance of Shen Buhao, Han Zhaohou made the Korean state strong in governing the army, especially restricting the privileges of the nobility and improving the people's lives.
Shen Buxi emphasized the use of "magic" under the "law", the law is public, and the "magic" is the monarch's exclusive ruling power, which is hidden in the monarch's heart, is the secret of controlling his subordinates, and is therefore secretly implemented. In Shen Buxi's view, the king should "exercise the handle of killing", and use "yang" and "yin" at the same time, not only to supervise his subordinates, but also to secretly supervise and guard against his subordinates.
Finally, Han Feizi systematized the management strategy of the Legalists. Han Fei combined the "law" of the Shang martingale, the "potential" of prudence, and the "technique" of Shen Harmless into one, emphasizing that the king should rule the people according to the law, establish the power with the might, and control the subjects with skill. He systematized the theory of the rule of law and pushed the doctrine of jurists to the theoretical peak of the pre-Qin period.
Han Fei believed that the king should make a choice between the pros and cons in the ever-changing situation, rule according to the law, and combine power and power to rule the world. He said: "The law has its own difficulties, and if it is difficult to do so, it will be established; if it is done, it will be harmful, and if it is harmful to it, it will be done." There is no difficult law, no harm to the work, there is nothing in the world. "Han Feizi Eight Sayings" means that combining law, technique, and potential, weighing the pros and cons, and acting boldly is an effective means for the king to rule the country. The key is that Han Fei systematized these theories of the Fa and unified them on the basis of the philosophical theories of law inherited from Lao Tzu's "Taoism".
Lao Tzu like
<h1 class="pgc-h-arrow-right" data-track="23" > Second, Han Fei inherited Lao tzu's ideas on the "Tao" as the theoretical basis for the philosophy of law. </h1>
Han Fei inherited the ideas of Lao Tzu, and in the book "Han Feizi", we can see many views similar to those of Lao Tzu. Han Fei is the author of works such as Xie Lao and Yu Lao, and his influence on Lao Tzu's thought is obvious. The Mawangdui Shu has the saying "Dao Sheng Fa", which shows that the Ideas of the Dharma are derived from the Taoists, and the ideas of Han Fei inheriting Lao Tzu are a typical example.
For example, the widely spread "Technique of the South Face of the Emperor of Renjun" was originally known as Lao Tzu's idea of power and conspiracy, and this idea was later played by Han Fei as a cold Legalistic conspiracy. More importantly, Han Fei's theory of legal philosophy is directly derived from Lao Tzu's "Taoism".
First of all, Han Fei transformed Lao Tzu's Taoist theory from the standpoint of the rule of law as the theoretical basis for the "king's way" of the fa. Before Han Fei, there was the theory of "the way of kings", for example, Prudential talked about the "Way of Kings", and Prudent said: "If the Maharaja is in charge of the Law and bows down, then the matter is broken by the Law." Where the law is added, each is divided into its own parts. He also said, "He who has the Law must not deceive himself by deception." This emphasizes that the king should rule according to the law and use the law as the basis for his rule. Han Fei absorbed the ideas of the Prudent Dao on "letting the law prevail" and "deciding on the law", and advocated that the king should adhere to the "law" and take the "law" as the first criterion for governing the country. At the same time, Han Fei actively absorbed the ideas of Lao Tzu, and like Lao Tzu, advocated that the king should "rule without doing anything", he emphasized: "The subject does everything and the king has nothing to do, the king is happy and the subject is willing to work, and the subject does his best to do good." And the king has nothing to do with it, and he looks up to it. The story is incurable, and the cure is also true. On the surface, this is the same as Lao Tzu's claim, but in essence, what Han Fei advocates is that under the premise of ruling the country according to law, the king can "rule without doing anything", which is what he means, ruling by law, so "the king has nothing to do", and the subordinates must handle government affairs according to the law, so "the subject matters". That is to say, to rule according to law, one can "work with pleasure and diligence, and do one's best to do good", so that "there is no rule", which is "the right way to govern".
Second, Han Fei took Lao Tzu's theory of "virtual silence" and understood it as a "monarchical" ruling strategy. Lao Tzu believed that the Tao was the source of all things, the criterion for judging whether things were right or wrong, and that the Tao was essentially quiet. Han Fei absorbed this idea of Lao Tzu and emphasized that the king should treat everything with a humble attitude and treat things in a vain manner, and only by treating people and things with humility can he know the truth, know good and evil, and grasp the initiative of ruling. In his view, when handling government affairs, the king should be silent and let things and people show their true state, so that they can recognize their true faces and act according to their essence.
For example, when dealing with the government, the king should not show his desires and wait and see what happens, so that the ministers will unabashedly reveal the real situation, and the king will handle the government affairs in a down-to-earth manner; and if the king reveals his intentions, the ministers will try their best to meet them in disguise, and then it will be difficult for the king to understand the truth and it will not be possible to handle things properly. In fact, this means that the king should treat him with humility so that his subjects can reveal the truth.
"Great Qin Fu" Han Fei stills
<h1 class="pgc-h-arrow-right" data-track="54" > Third, Han Fei transformed Lao Tzu's concept of "absolute holiness and wisdom" into the exclusion of other ideas and concepts with the rule of law. </h1>
In the era in which Lao Tzu lived, liturgy was collapsing, and the warring states were frequent, bringing disasters to society, for which Lao Tzu believed that it was not ideal, while Confucians and others advocated benevolence and morality, and Lao Tzu believed that not only could not solve social disasters, but was even more detrimental to the right path of society, so he put forward the view of "absolute holiness and wisdom", he said: "The thief who governs the country with wisdom, and the virtue of ruling the country without wisdom" (Lao Tzu chapter 65), "the absolute saint abandons wisdom, and the people benefit a hundred times" (Lao Tzu, chapter 19).
Chapter 65 of Lao Tzu proposes that governing the country should not make the people wise and clever, but should make the people simple and simple, saying: "Those who are the ancients are the Tao, not the people, will be foolish." The incurable nature of the people is great in their wisdom. Therefore, rule the country with wisdom, the thief of the country; do not rule the country with wisdom, the blessing of the country. Knowing both is also exemplary. It is often known that the style is Xuande. Xuande is deep and far away, anti-material, and then even Da Shun. That is to say, those who were good at promoting the "Tao" in ancient times did not teach the people to know wisdom and ingenuity, but taught the people to be simple and simple. People are difficult to govern because they have too much ingenuity. Therefore, using ingenuity to govern the country will bring harm to the country, and it is the blessing of the country not to use ingenuity to govern the country. To understand the difference between these two ways of governing the country is to understand the law of governance, and to be familiar with this law is to achieve the realm of "Xuande". Only by returning to a state of innocence and simplicity can it be truly great.
Lao Tzu's view of removing wisdom and ingenuity has been transformed by Han Fei into a kind of cultural and ideological autocracy, Lao Tzu wants to let the people return to a state of simplicity and simplicity, in his view, this is the great rule, and Han Fei is different, he wants to limit people's thinking with laws and regulations, only allowing them to know the law and abide by the law, and there can be no other ideas and concepts that contradict the rule of law.
Lao Tzu wanted the ideal state of "small country and widow", which he described as a beautiful picture of a paradise:
Let the people have the tools of Shibai and not use them, so that the people will die and not be far away. Although there are boats, there is nothing to take advantage of. Although there are armored soldiers, there is nothing to show. Let the people tie the rope and use it. Eat willingly, serve beautifully, live in peace, and enjoy its customs. Neighboring countries look at each other, the sounds of chickens and dogs hear each other, and the people do not interact with each other until they are old and dead. (Lao Tzu, chapter 80)
What Lao Tzu appreciates is the simple and simple mentality of the people, the people living carefreely, there is no treacherous and fraudulent exchange, there is no wisdom and ingenuity, and the state of returning to simplicity and truth is different, and Han Fei is different, what he wants is to "forbid the heart" according to law, and it is forbidden to learn illegally.
Han Fei advocated the use of law to regulate people's thinking, and he proposed: "Those who do not act in accordance with the law must be forbidden." (Han Feizi Asks and Discernment), in his opinion, the most important thing in guarding against adultery is to make people have no right to think independently, even if people are thoughtless and desireless, like the flesh of the walking dead. He said: "The law of forbidden adultery is too high to forbid his heart, secondly to forbid his words, and secondly to forbid his deeds." (Han Feizi Doubts). Based on this position, Han Fei believed that all other schools of thought except the legalist doctrine should be prohibited, and he regarded the Confucians and Mojia at that time as ideological enemies and violently attacked them. He attacked Confucianism as a "beggar of helpers" as the root cause of the country's demise, arguing that as long as Confucianism remained, it would be difficult for the state to escape the tragedy of its demise. He emphasized that all useless learning (referring to Confucianism, The Mo family, etc.) was completely forbidden and taught by the Fa; the language of the previous kings was also abandoned, and the officials were used as teachers. He said:
If you cultivate literature today, you will not cultivate your words, but if you have the reality of wealth and the danger of war, and if you have the dignity of nobility, then what will people do? It is because one person exerts force with a hundred people's wisdom, the wise people are defeated, and the weak people are poor, and the reason why this life is chaotic. Therefore, the kingdom of the Lord, without the simple text of the book, takes the law as the teaching; there is no language of the previous king, and the official is the teacher; the selfless sword is the defense, and the decapitation is the courage. ("Han Feizi Five Beetles")
Some people believe that the reason why Qin Shi Huang adopted the policy of "burning books and pit Confucianism" is related to this ideological strategy of Han Fei, who rejects the doctrines of other schools and respects only the legalists, which is actually a policy of ignorance in disguise, and Qin Shi Huang implemented this policy.
Han Fei's insistence on upholding the supremacy of the Legalist family and rejecting the ideas of other academic schools is an authoritarian cultural and ideological policy, and what this autocratic monarch likes has thus become a theoretical policy of the monarch's despotism.
However, when Inheriting Lao Tzu's thought, Han Fei distorted Lao Tzu's thought, and What Lao Tzu wanted was a simple and simple mentality, an attitude of going with nature, and putting an end to scheming and treachery; on the other hand, Han Fei transformed it into a Dharma-oriented ideology and vigorously rejected the academic thought of other schools, and everything that was considered to contradict the Fa's thought was regarded as forbidden.
<h1 class="pgc-h-arrow-right" data-track="69" > Fourth, Han Fei developed Laozi's strategic methods such as "movement against the Tao" into imperial power plots, which was a transformation of Lao Tzu's "Junnan Technique" and turned it into a naked political power technique. </h1>
"The movement of the opposite Tao" is not only the basic method used by Lao Tzu to describe the natural operating characteristics of the "Tao", of course, Lao Tzu also uses it to expound the basic strategy of the Taoist strategy, which is the "wisdom technique" of the Taoist.
There is a passage in Lao Tzu chapter 34 that says:
The movement of the opposite way, the use of the weak way. All things under the heavens are born of being, and some are born of nothing.
This passage has three meanings: one is that the "Tao" as the natural reality of natural operation, its operating characteristics are to return to itself and return to its original reality; the second is that keeping weakness is the basic function of the "Tao", all things are born of weakness and die of being strong, and keeping the weak can strive to be strong; third, everything in the universe is manifested (born) because of its reality (being), and reality is determined by its originality, that is, "nothingness", "Tao" as "nothing", it is the origin of all things, all things are "being", and "being" is born of "nothing".
Lao Tzu applied this principle to Taoist strategy, and thus, in chapter 36, Lao Tzu spoke of a series of strategies for "the weak to be strong": "If you want to be weak, you will be solidified; if you want to be weak, you will be strong; you will be destroyed, you will be solidified; you will take what you want, you will be fixed." ”
First, Han Fei transformed Lao Tzu's Taoist "wisdom technique" into an imperial strategy, evolving into a series of strategies for how kings control their subjects. For example, Han Fei believes that if a king wants to consolidate power, he must first cut off the courtiers' yearning for power, and cannot let the courtiers have a desire for power, that is, to remove the "power desire" of the courtiers. In addition, the king must effectively prevent the appearance of traitors around him, because the traitors will take advantage of the king's mistakes to seize power, so the king must dismiss the traitor's henchmen, capture the rest of the evil, divide his accomplices, so that the traitors have no strength to usurp power, and then get rid of them.
Second, Han Fei proposed that a wise monarch should avoid five kinds of "blockage" and prevent his courtiers from usurping power: first, to avoid letting his courtiers close the sources of information; second, to avoid letting his courtiers control property; third, to avoid letting his courtiers cultivate henchmen; fourth, to avoid letting his courtiers give favors privately; and fifth, to avoid letting his courtiers give orders. Only in this way will the king not be kept in the dark, not be hollowed out, will not be stripped of his wealth, will not lose the conditions of his subjects, and will not lose control of the situation. Han Fei said: "Self-victory is strong. Self-seeing is clear. (Yu Lao)
In fact, Han Fei's set of means of control over his subordinates emphasizes that the king must firmly grasp the authority, because the power of the king is the core means of controlling the political situation, and if he loses his authority, he will be hollowed out. Han Fei's set of power strategies is to reverse Lao Tzu's method of "moving against the Tao", transforming Lao Tzu's Daoist "wisdom techniques" such as "taking what you want, you will fix it", into the Fa's "must fix itself, not allow it to take it", and strongly emphasize that the king must firmly grasp the authority.
Again, Han Fei proposed that the king should make good use of the seven "techniques of taming his subjects":
The first is to examine and observe subordinates from all sides to see whether they are loyal;
The second is to use punishment to show the majesty of the monarch and establish the authority of the king;
Third, the subordinates who are loyal to the country should be rewarded and encouraged to advance;
The fourth is to listen to the opinions of subordinates and urge them to act;
Fifth, to issue suspicious edicts to drive courtiers with wisdom;
Sixth, knowing that it is a fact, he deliberately questions his courtiers and tests their sincerity;
The seventh is to deliberately say the opposite and do contrarian reasoning to spy on the courtiers and test whether they are loyal to the king.
In short, Han Fei transformed Lao Tzu's Taoist "wisdom technique" and made it an imperial strategy of the Fa family, a naked king's "ruling technique".