Persistent Misconceptions about Chinese “Legalism”

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

“…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).…”

“…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.…”

“…Notes 1. Goldin (2011) also cautioned that the term Chinese Legalism can be misleading and should not be confused with Western Legalism. Chinese Legalism differs from Western Legalism not only in geographical and historical background but also in ideology.…”

“…Chinese Legalism differs from Western Legalism not only in geographical and historical background but also in ideology. Chinese Legalist argued that an orderly society could be achieved only by strengthening people's fidelity to the monarch who created and enforced the law, whereas Western Legalism focuses on the legalistic attitude and normative behavior of following the law (Goldin, 2011;He, 2014). In contrast to Chinese Legalism's ruler-centered approach, Western Legalism is a "modern ideology about the justification of rule-following" (He, 2011: 662).…”

“…In contrast to Chinese Legalism's ruler-centered approach, Western Legalism is a "modern ideology about the justification of rule-following" (He, 2011: 662). In Chinese Legalism, the law protected neither the political rights nor the economic position of the individual, whereas the Western approach to law regulated the private and economic rights and duties of individuals (Goldin, 2011;He, 2011). 2.…”