Fajia

Why is the term fajia problematic when it is used to refer to thinkers like Shen Buhai, Shang Yang, and Shen Dao in early Chinese history? Why is it problematic to translate fajia as Legalism?

The term fajia is problematic because thinkers like Shen Buhai, Shang Yang, and Shen Dao did not identify themselves as part of one unified school. It was a later label from the Han Dynasty that grouped thinkers with different ideas. Translating fajia as “Legalism” is misleading because it suggests a focus only on law, like modern legal systems. In reality, these thinkers were more concerned with state power, control, and effective governance.

According to Shang Yang, how should the state motivate people to engage in farming and warfare in service to the interests of the state, even though people hate the hard labor of farming and the danger of death in wars? Read Chapter Six (“Cultivating the Land”) of The Book of Lord Shang, especially section 6.5, for the relevant discussions.

Shang Yang argues that people must be controlled through strict rewards and punishments. Since people avoid hardship, the state should make farming and warfare the only ways to gain wealth, status, and success. Those who contribute to agriculture or the military are rewarded, while other occupations are discouraged or punished. This forces people to act in the state’s interest even if they dislike the work.

In Chapter 14, “Cultivation of Authority,” Shang Yang laments that “rulers of our age frequently cast away standards and rely on private deliberations: this is why the state is in turmoil.” Why are standard so important in Shang Yang’s thought? Why shouldn’t rulers rely on private deliberations? Pay special attention to his discussion in section 14.2.

Shang Yang believes clear standards are necessary to maintain order and consistency in the state. Standards ensure that laws are applied equally and reduce confusion or favoritism. Private deliberation is dangerous because it relies on personal judgment, which can be biased and inconsistent. By following fixed rules instead, the ruler maintains stronger control and stability.

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