Persistent Misconceptions About Chinese “Legalism”

Goldin, Paul R.

doi:10.1111/j.1540-6253.2010.01629.x

Cited by 55 publications

(9 citation statements)

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Section: Chinese Legalismmentioning

confidence: 99%

“…It is important to note that, although its literal translation is "law," the Chinese character of fa (法) encompasses far more than penal codes or laws (Goldin, 2011). In Chinese Legalism, fa refers generally to standards, natural rules, scales, or correct methods (Goldin, 2011;Han Fei, 1964). Drawing on this conceptualization of law, Legalists suggested that, instead of morality and education, institutionalizing fa was the key to managing all aspects of governance and regulating social and economic behaviors.…”

Section: Chinese Legalismmentioning

confidence: 99%

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The political initiative of Taiwan’s education for sustainable development: Looking through the lens of Chinese legalism

Huang

Asghar

2021

Policy Futures in Education

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This article examines the development of Taiwan’s Environmental Education Act and how Education for Sustainable Development was mainstreamed into the national policy framework within the country. The goal is to understand the policy tools and governing strategies that were used by the Taiwan government to develop and implement a nationwide environmental education policy for integrating environmental sustainability into all areas and levels of teaching and learning. Official documents related to national plans for ESD and environmental education policies were analyzed and examined. In particular, Chinese Legalism was used as a lens to interpret the government’s philosophy, assumptions, unspoken norms, legislative practices, and deliberate strategies. Several principles and techniques proposed by Chinese Legalists were used to examine the negotiation and formulation of Taiwan’s Environmental Education Act. This analysis contributes to our understanding of the ways in which UNESCO’s framework of ESD can be transferred into a national policy. A discussion of the Chinese Legalist philosophy also offers a cultural frame of reference to think about ESD politics and governance in other East Asian contexts.

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Section: Chinese Legalismmentioning

confidence: 99%

Section: Chinese Legalismmentioning

confidence: 99%

The political initiative of Taiwan’s education for sustainable development: Looking through the lens of Chinese legalism

Huang

Asghar

2021

Policy Futures in Education

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“…Legalism-at least in its beginnings-can be considered a clear rupture from Confucianism as a notion of how to govern the state. Some scholars, however, do not consider legalism a philosophy, but rather a normative system to maintain and hold power (Goldin 2011). On the other hand, many aspects of legalistic thinking can be described in philosophic terms, and those were needed to formulate the theory in the first place.…”

Section: Henrique Schneidermentioning

confidence: 99%

Auslegung: A Journal of Philosophy, Volume 32, Number 1, Spring 2018

2018

AJP

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“…1 Legalism-at least in its beginnings-can be considered a clear rupture from Confucianism as a notion of how to govern the state. Some scholars, however, do not consider legalism a philosophy, but rather a normative system to maintain and hold power (Goldin 2011). On the other hand, many aspects of legalistic thinking can be described in philosophic terms, and those were needed to formulate the theory in the first place.…”

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confidence: 99%

Where hanfei errs

Schneider¹

2018

auslegung

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The Chinese Legalist Hanfei claimed that by separating the duties of the ruler as such from any moral claims attained to it, he made it possible for all rulers to apply "artifacts" for ruling. Ruling through moral superiority will fail because only few rulers will achieve it. Through the ruler running the "carefully oiled state machinery" as quasi-causal system, Hanfei claims to have developed a system of government suited even for the mediocre rulers. This paper claims that Hanfei shifted the difficulty from the ethical to the practical level, not solving the problem. Moreover, by changing the level of the problem, he also faces some epistemic and metaphysic challenges. In short: the supposedly ideal system of government Hanfei claims to have developed fails. It fails especially because it is too difficult for the mediocre ruler, perhaps more difficult than the Confucian.

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Persistent Misconceptions About Chinese “Legalism”

Cited by 55 publications

References 1 publication

The political initiative of Taiwan’s education for sustainable development: Looking through the lens of Chinese legalism

The political initiative of Taiwan’s education for sustainable development: Looking through the lens of Chinese legalism

Auslegung: A Journal of Philosophy, Volume 32, Number 1, Spring 2018

Where hanfei errs

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