HAN FEI
(c. 280?–233 BCE)

Han Fei, the outstanding authority of the Legalist school of Chinese philosophy during the Warring States Period (403–221 BCE), lived some two centuries or more later than Confucius, Laozi, and Mozi. His works consist of fifty-five treatises. He was an aristocrat of the state of Han, in the northwest, where a movement of political reform had arisen. In the rest of the Chinese kingdom, Confucianism, Mohism, and Daoism still maintained the theory of government by customary morality, religious sanctions, and personal virtuous example or even "inaction" (or "nonaction") by the ruler. Since the traditional feudal system had collapsed generally throughout China, new thinkers spoke of government by positive law, exaltation of the state at the expense of the individual, and possession of supreme power by the ruler. Out of these thoughts of his predecessors, Han Fei made a comprehensive synthesis and formed his unique doctrine of legalism. This doctrine was greatly admired by the ruler of the state of Qin, who by its adoption eventually became the first emperor of the unified Qin Empire. Han Fei had been invited to the court of Qin, but he was forced to commit suicide by Li Si, chief minister of Qin and former associate of Han Fei. Although they had studied together under Xunzi, the exponent of a reformed Confucianism, political jealousy overcame Li Si.

Han Fei accepted only one point of Xunzi's philosophy, that human nature is originally evil. He then insisted that all men act from selfish motives and that a system of rewards and punishments can provide an effective control for the government, for there is no one who does not fear punishment and welcome rewards. The ruler can then rule the state through a set of severe laws without his own interference. In economics, too, the government should adopt a laissez-faire policy, leaving people alone to carry on free competition; this will cause them to be more active and frugal, with the result that production will increase. Thus, Han Fei reinterpreted the inaction principle of Laozi in such a way that the sovereign, like the helmsman of a great ship, simply makes slight movements with the "two handles" of reward and punishment, and the whole state follows his desires and dictates.

While "statecraft" serves to keep the sovereign in power, laws are to be obeyed by the people. Han Fei said: "The intelligent ruler sees to it that his subjects do not allow their minds to wander beyond the scope of law; nor perform acts of favoritism within it" (Works, Treatise II). He also observed: "In the state of the intelligent ruler there is no literature of books and records, but the laws serve as teachings. There are no sayings of the early kings, but the officials act as teachers." Once laws have been established everyone should obey them; no heterodox doctrines of private individuals and traditional authorities should prevail. This led the first emperor to practice totalitarian regimentation, "burning the books and burying the literati" (Works, Treatise XIX).

It was Han Fei who supplied a rational explanation for revolutionary changes from the old order. He asserted: "Affairs go according to their time and preparations are made in accordance with affairs.… The sage does not aim at practising antiquity and does not model himself upon what is considered to be permanently correct" (ibid.). Indeed, history does not repeat itself. Politics, therefore, must look always to the present and to changing circumstances rather than to any static idea or ideal. In a word, Han Fei can be regarded as a radical positivist or perhaps as the extreme realist of ancient China.

See also Chinese Philosophy; Confucius; Laozi; Mozi; Xunzi.

Bibliography

Landers, James R. "The Political Thought of Han Fei." Ph.D. diss. Indiana University, 1972.

Liao, Wen-kuei. The Complete Works of Han Fei Tzu. Vol 1: London: Arthur Probsthain, 1939. Vol 2: London: Arthur Probsthain, 1959.

Lundahl, Bertil. Han Fei Zi: The Man and the Work. Stockholm, Institute of Oriental Languages, Stockholm University, 1992.

Waley, Arthur. Three Ways of Thought in Ancient China. London: Allen and Unwin, 1939; Stanford, CA: Stanford University Press, 1982. Selected translations.

Wang, Hsiao-po, and Leo, S. Chang. The Philosophical Foundations of Han Fei's Political Theory. Honolulu: University of Hawai'i Press, 1986.

Watson, Burton. Han Fei Tzu: Basic Writings. New York: Columbia University Press, 1964. Selected translations.

Nai Z. Zia (1967)

Bibliography updated by Huichieh Loy (2005)