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1、Lecture 3. Legalism, Mohism and Buddhism(法家，墨家，佛教)3.1.Legalism（法家）Legalism, represented by Shang Yang ( 390-338B.C.) And Han Fei, is one of the schools in the Spring and Autumn and Warring States. Legalists were political realists who gave importance to strict execution of the law , coming up with a
2、 series of theories and approaches which offered the valid and theoretical basis for various policies and regulations in the Qin Dynasty As such Han Dynasty（206.B.C.-220）later on inherited Qin Dynastys totalitarian polity and legal system in the feudalist society.Legalists made great contributions t
3、o nomology (法理学) and issues such as the origin, property, functions of laws and the relationship between law and economy, law and requirements of the times, state political power, moral principles, conventions and customs, natural environment, population and the nature of mankind.3.1.1.Han Fei ( 280
4、-233B.C ) was born from an impoverished aristocratic family of State of Han (韩国，现山西一部分及河南一部分)。Han Fei ,and Li Si were both disciples of Xun Zi (荀子313-238 BC ).Han Feis book “Han Fei Zi” was of 55 papers ,most of which were written by Han Fei.By carrying forward and developing the thoughts of Xun Zi
5、and also absorbing some of the thoughts of Lao Zi, Shang Yang and other thinkers, Han Feizi developed his own legalist doctrines as the following:. .Since history was in evolution, to simply follow the thoughts of previous sages was insufficient, so the administration of a sate should depend on law
6、and order (法制) 。.Han Feizi was also critical of paradoxical ideas of Confucianism and other schools., who believed that man is born evil. By inheriting fa(商鞅的法治), shu（申不害的术治）, and shi（慎到的势治），Han Feizi came out with his own thought, which combined all the three into one. Fa（法） referred to the written
7、 laws promulgated by the rulers, shu（术） referred to the meqans adopted by the rulers to control their subjects, and shi（势） referred to the supreme power possessed by the rulers. Han Feizi believed that a ruler should not be short of any of the three. With regard to Confucianist idea of privileged st
8、rata of “Punishments are not for nobles, ceremony is not for the common people.(“刑不上大夫，礼不下庶人”) ” Han thought that both punishment and reward should be no respecters of social status(“刑过不避大臣，赏善不遗匹夫”)。 3.2. Mo Zi and Mohism Mo Zi, also named Mo Di (墨翟468-376 B.C.), was the founder of Mohism, who once
9、studied Confucianism but was unsatisfied with the idea of li (礼rites). So he founded his own doctrine:.While opposing the idea of social hierarchy of superiority and inferiority stressed by Confucians, he maintained that officials would not always be superior and ordinary people always inferior.(“官无
10、常贵而民无常贱”) As such, he advocated selecting the most sagacious person in the whole state to be the king and competent persons to be officials, regardless of their origins.( “选择天下贤可者，已立为天子”。)Against Confucianist Ren(benevolence ), he put forward yi (justice).The so-called yi means to make sure that the
11、 starving are fed, cold sufferers are clothed and workers get proper rest （“饥者得食，寒者得衣，劳者得息”。）by promoting things beneficial to all and eliminating things harmful to all.(“兴天下之利，除天下之害”。).As to the relationship between Ming（名concepts )and shi（实 concrete materials）Mo Zi maintained that ming is subordin
12、ate to shi (名从属于实). He thought that things that were considered to be existence in the world were those that could be seen and heard by people, otherwise ,they were considered as nonexistence.(比如，盲人不知其黑白，不是他讲不出黑白的名称，而是看不到黑白的事实。).Mo Zi maintained that people should make efforts to change their own fa
13、te, “Strive hard , and you will become noble, otherwise ,you will be humble forever; strive hard, and you will be rich, otherwise, you will be poor; strive hard ,and you will have enough to eat, otherwise, you will suffer starvation；strive hard, you will be clothed, otherwise ,you will suffer from c
14、oldness. (“强必贵，不强必贱；强必富，不强必贫；强必饱，不强必饥，强必暖，不强必寒”。) I n this way he stressed the role of subjective will( “赖其力者生，不赖其力者不生”).Mo Zi also pointed that the will of heaven was the criteria to judge the conduct of people who were requested to act in accordance with the law of heaven and pay respect to heaven
15、 and ghosts and duties.(要求人们尊天地敬鬼神)。3.3. Buddhism 3.3.1. The origin of Buddhism（佛教的起源）Buddhism was founded in the 6th century B.C. by an Indian prince named Siddhartha Gautama(悉达多. 乔达摩). Brought up as a prince in a small kingdom in what is now Nepal, at the age of 29, he became discontented with his
16、 life, renounced( 宣布放弃) his kingdom, and left his wife and newborn child for the life of a wandering ascetic(修行). After six years of struggle, he then renounced asceticism, ate and drank and then sat underneath the Pipal/Bodhi Tree (菩提树), vowing to remain there until understand how to escape from the cycle of rebirth. While sitting there, he had a revelation, i.e. the understanding of the true nature of existence and thus was freed
