Mohism and Legalism | |
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Introduction
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Chinese
philosophy of all periods looked back to what we can think of as a
‘Classic Period’ between about 500 and 221. At the beginning of
this period Only
six of these schools, however, were later supposed to be really
significant: Confucianism, Taoism, Mohism, Legalism, the
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Mohism |
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The
first of these is the "School of Mo" (墨家,
mòjiā), created by followers of Mozi[1]
(墨子,
Mòzǐ; 470–391). The teachings of this school are found in the book
Mozi – only recently partially recovered – and it will be
convenient for us to treat them as the teachings of Mozi himself[2].
From this book we learn that Mozi explicitly rejected the teachings of the
Confucians. In particular he denied (1) that the decaying society could be
saved by a return to the supposed virtues of the former feudal nobility;
and (2) that the degree of concern that one deserves from another depends
upon the social relationship that exists between the two. It is often
supposed that the fundamental reason for Mozi’s rejecting these ideas is
that he was himself (unlike all other school founders) a commoner, and so
had fewer illusions about the way the earlier society worked and less
affection for a social hierarchy in which he would have been disadvantaged.
Be that as it may, Mozi is very unusual in Chinese philosophy in that he
actually argues for his
positions, so we don’t have to pay much attention to this sort of
speculation. (Perhaps this too is a consequence of his not belonging to a
class trained in the classical literature – his writings are notoriously
clunky, as if he was self-taught.) Proto-Utilitarianism Mozi’s
principal concern – as with so many of the Chinese philosophers – was
with finding a way to repair his damaged society and escape from the Hell
of war and revolution that had been created by the collapse of the Zhōu
dynasty. In his search for principles that would achieve this he began by
proclaiming that there were three tests that any such principles would
have to pass before they could be accepted. These ‘meta-principles’
were[3]: 1.
It should be based
on the deeds of the ancient sage-kings 2.
It is to be
verified by the senses of hearing and sight of the common people
3.
It is to be applied
by adopting it in government and observing its benefits to the country and
the people Of
these principles the last is of considerable interest. It marks Mozi out
as a very early consequentialist,
who would claim that a principle is right to be followed only if that
principle, when followed, resulted in benefits to the society as a whole.
With just a few modifications here and there, that could easily be a
statement of ‘Rule Utilitarianism’ such as J. S. Mill is said to have
propounded and that is still influential. (Most people are some kind of
Utilitarian today, even if they’ve never heard the term.) The first
implication of this doctrine to note is that Mozi, again
unlike most Chinese philosophers, is not principally interested in
developing the moral character of a person. A thing is good or bad
depending on the actual results and does not depend on the motivation of
the person doing it. Good intentions count for nothing. Utilitarians,
of course, phrased their principle in terms of the greatest happiness of
the greatest number, and the meaning of ‘happiness’ was (at least
originally) taken to mean little more than pleasure. Mozi’s rule, on the
other hand speaks of ‘benefits’ (利,
lì) – and by benefits he clearly means very basic materialistic goods.
There is no place in his world for music and the arts for example, not
because he does not enjoy the sound of the drum, he says, but because
money spent on these things would result in more benefits if spent
elsewhere. A similar result has long been an embarrassment for
Utilitarians in the West, but it was embraced by Mozi. Since a society run
according to this principle would quite obviously be an arid and brutal
thing, it did not appeal to many people, and this probably contributed to
the quick disappearance of Mohism. Universal
Concern Oddly
enough, however, Mozi is best known for his championing of "impartial
concern" or “universal love” (兼愛,
jian ai). In this he was
explicitly arguing against the the discriminating and partial concern of
the Confucians, and his argument is perfectly straightforward: he puts
their principle of partiality to the benefit test, and finds it wanting,
and concludes that the principle of impartiality
is therefore to be preferred. Thus, looking at the disasters and
misfortunes of the world he asks: When
we come to think about the cause of all these calamities, how have they
arisen? Have they arisen out of love of others and benefiting others? Of
course we should say no. We should say they have arisen out of hate of
others and injuring others. If we should classify one by one all those who
hate others and injure others, should we find them to be universal in love
or partial? Of course we should say they are partial. Now, since
partiality against one another is the cause of the major calamities in the
empire, then partiality is wrong.[4] It’s
easy to get a bit carried away by the ‘love’ thing though. Other
passages in Mozi indicate that he should be understood as saying that we
should consider the interests of others to be as important as our own, and
if we treat them that way then all of society will benefit. But it is a
cold calculation, not an emotional state, that should drive this
behaviour. The
Will of Heaven So
why would people follow Mohist principles that are justified as being for
the benefit of society in general but not of themselves in particular? If
they are going to act to pursue benefits, isn’t it more likely that
they’ll act to pursue benefits for themselves rather than for others?
One obvious response is that if society as a whole benefits then the
individual as a member of society will benefit, and this will act as a
motivation for the individual to act appropriately. But this is not
necessarily true. It might well be that in any particular case the
rational thing to do is to act selfishly and let others
be altruists. This is the age old problem of the free rider, the
prisoner’s dilemma, the tragedy of the commons, etc. Mozi,
however, would have had an answer to this. He argues[5]
that there is a God who has an interest in our behaving according to the
Mohist recommendations – presumably because God wants mankind to be
benefitted, and the Mohist recommendations are the only way to benefit
mankind as a whole. Those who obey the rational law of the Universe will
be rewarded by God and those who don’t will be punished. Therefore,
everyone also has a selfish interest in acting ‘altruistically’[6].
It’s a scheme that we’re familiar with from our own history, but with
respect to Chinese philosophy it is yet
another very unusual feature of the Mohist system. The
Mozi,
however, does not appear to believe just that people will simply act in
their own perceived best interests. What he seems to believe is that
people naturally have diverse interests, and that these interests may
conflict. This, he thinks, has consequences for the kind of political
organization that is best suited to bringing benefits to the country and
people. He argues, in much the same way that Hobbes does, that a single
ruler is required to deliver us from the discord of a ‘State of Mozi
said: In the beginning of human life, when there was yet no law and
government, the custom was "everybody according to his own
idea." … and so arose mutual disapproval among men. … The
disorder in the (human) world could be compared to that among birds and
beasts.[7] Yet
all this disorder was due to the want of a ruler. Therefore (Heaven) chose
the virtuous in the world and crowned him emperor.[8] The
function of this wise ruler is to determine what the true interests of the
people are. He delivers to them a single set of values which they are
obliged to adopt. Naturally this correct set of values will be those of
the Mohists, since the wise ruler is wise enough to agree with God on
that. The obligation of the people to obey this ruler probably arises from
the manner of his selection, which, however, seems to be undecided as
between divine selection (as in the passage just quoted), or selection by
the mass of the people. In either case the obligation is said to be
absolute.
[1]
His true name may have been Mo Di (墨翟) [2]
We have 53 of 71 chapters. Of these we’re sure that 1-7, 40-45 (on
logic), and 51-61 (on war) are addtions. [3]
Mz 35.2 (‘Anti-Fatalism I’) [4]
Mz 16.1 (‘Universal Love III’) [5]
Mz 26.2 [6]
Mozi gives many clues that he thinks that even if there were no such
things as Gods, it would still be in the best interest of society that
men should be persuaded to believe in them. Plato would have approved
his attitude. [7]
Mz
11.1 [8]
Mz
11.2
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Legalism |
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The
Mohists weren’t the only ones to argue for the absolute power of the
state. The Legalists (法家,
fǎjiā, ‘School of
Law’), were famous – or perhaps one should say notorious –
for their defence of that position. They were a late school which seems to
have arisen from a need to provide a coherent intellectual justification
and rationale for the methods that were being adopted by statesmen and
political advisors in the later Warring States period. Hán
Fēizi (韩非子;
280–233) may be taken as
the major thinker of this school: he synthesized the arguments and
positions of several earlier thinkers into something that could stand as
the beginnings of a complete theory of organization and management. As
Han Feizi describes it, it had become more and more clear that the world
in which they were living was a very different world from that of the
ancient sages, where lǐ
(礼,
‘conventions’)
guided the behaviour of
the nobility and xìng
(刑,
‘punishments’)
determined by the nobles kept the commoners in
line. The new states were
too large to be run according to the traditional principles, where order
was maintained by the personal charisma of the nobility, and the nobility
itself was now too devastated and decadent to play that normative role
even in a small state. The lǐ
simply were not applicable any longer, and the xìng
were not being fairly or consistently applied. Therefore disorder was the
rule in the world. Law
and Order It
was clear to the Legalists that some new method of establishing order in
the world was required. They looked for a new ‘standard’ or ‘norm’
of behaviour, and they found it in Law[1].
The word fǎ (法)
does in fact mean all these things – so the school could as well have
been known as the ‘standardizers’ or the ‘norm-establishers’ –
but the sense of ‘law’ quickly became its main meaning. The choice of
Law as the method for giving order to society was argued for on the basis
of a rather gloomy theory of human nature, which held that (1) Man
was naturally self-interested, and (2) the only universally effective way
of modifying Man’s behaviour was by means of the ‘Two Handles’ of
reward and punishment.[2]
As Han Feizi said: In
ruling the world one must act in accord with human nature. In human nature
there are the feelings of liking and disliking, and hence rewards and
punishments are effective.[3] By
establishing rewards and punishments according to Law,
this single principle of order could be extended to the whole of society
– so that, in our terms, everyone would be ‘equal before the Law’.
This was a principle established by Shāng
Yāng[4]
(商鞅,
d. 338) under the rubric yī
mín
(一民;
‘one people’). Lord Shang also realised that
in order for these laws to have the desired effect they would have to be
made known to all, and to be simple and comprehensible, and, above all, to
be predictable in their application: therefore his principle of dìng
fǎ
(定法;
‘fixing the standards’) insisted
that the laws be objectively interpretable and impartial in their effect,
so that the element of subjectivity and privilege in the old system could
be eliminated. That being the case Since
the officials well know that the people have knowledge of fa and
orders … they dare not treat the people contrary to the fa … As
for the content of all these laws, that was determined by the
legislator, whose intention ought to be ‘the
enrichment of the state and the strengthening of its military capacity.’[5]
In
this respect the Legalists were similar to the Mohists, for their goal was
very clearly a specific form of ‘benefit’ to the country. The Legalists
also agreed with the Mohists that a diversity of opinions in the state
could only increase discord, and therefore it had to be eliminated. (The
Qin attempted this with results that made them hated forever – they
burned as many of the non-Legalist philosophical works as they could get
their hands on, resulting in an incalculable cultural loss to the world.)
They were equally keen on creating uniform standards in all other parts of
the culture, regulating weights and measures, language, axle lengths, etc. The
Prince Much
as it would have been preferred, however, these laws could not just appear
out of thin air, and men were still required to apply them. The legalists
therefore had a need to say something about these necessary
instrumentalities. In general, they hoped to establish a system in which
the ruler would delegate functions and reward or punish the
officials for their performance or failure according, again, to strict and
objective criteria; and each level of government below the ruler would
similarly use reward or punishment on its subordinates. Thus, it was
hoped, the ruler would need to do nothing for everything to be done.
(Sentiments like this have been interpreted as evidence of a sympathy with
Taoism that is often remarked upon, but which seems rather superficial.) Doubtless,
they would have liked to eliminate the ruler’s role entirely, but this
was not possible. Realising the essential role that the ruler did still
play in any political system, the Legalists theorized about the
characteristics that were required in this person, each emphasizing one or
another of a range of traits. Eventually Han Feizi accepted that ruler
required the following three things, at least, for effective rule.
1.
shì
(勢):
authority
the power to make his commands be obeyed
Emphasised by Shèn Dào (慎到,
ca. 395-315) 2.
shù
(術):
methods
the ability to handle his subordinates
Emphasised by Shēn Bùhài
(申不害,
d. 337) 3.
fǎ (法):
law
the guarantee of impartiality and justice
Emphasised by Shāng Yāng
(商鞅,
d. 338) Given the aspiration to mechanical, universal application of simple laws, there was (intentionally) little scope for flexibility. But life is complicated, and all laws must admit of exceptions and different situations to some degree. (Judges can not be replaced by simple automatons.) The legalist system would not, however, make any concessions to the messiness of real human life. This inflexibility, and the harsh nature of the punishments, made the Legalist’s programmes unpopular in the end. |