The Comparation of Legalist Thoughts Between Shangyang and Hanfei and the Analysis of Ruling the Country by Law
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DOI: 10.23977/iceehss.2019.028
Author(s)
Zhuang Si, Chu Xizhi
Corresponding Author
Zhuang Si
ABSTRACT
Both Shangyang and Hanfei are famous representatives of pre-Qin dynasty legalists. Their legalist thoughts have both similarities and differences. They share the same viewpoints in such aspects as historical views, and the attitudes toward agricultural warfare. However, the differences of legalist thoughts between Shangyang and Hanfei are obviously. First of all, the legal thoughts by Shangyang put the emphasis on the rules of law; while the legal thoughts by Hanfei pay more attention to the combination among laws, authority and social prestige. Then, Shangyang states that the emperor and the ministers should work together to manage the whole country, while Hanfei states that emperor would guide the ministers to manage the administration in the whole country. Furthermore, Shangang advocates that the government should put the emphasis on the punishment rather than the rewards, whereas Hanfei advocates that punishment is as important as morality. Making the analysis of legalist thoughts between Shangyang and Hanfei and finding the advantages of their thoughts will benefit for the construction of modern legal state in our nation.
KEYWORDS
Shangyang, Hanfei, Legalist thoughts, Rule by law