How should society deal with lawbreakers?

1. How should society deal with lawbreakers? Tiffany Mullen, DeAndre Baylor, Kaitlin Saunders

2. Legalism(For) • “The Legalism advocates the utilization of codified laws and harsh punishment to achieve social order. This is due to the legalists’ belief that all human beings are born evil and self-interested. Therefore, if left unrestrained, people would engage in selfish behavior which will undoubtedly lead to social unrest. To cure this defect and force people to behave morally, the only way, believed the legalists, is to publicly promulgate clearly written laws and impose harsh punishments.” http://www.san.beck.org/EC16-Legalism.html

3. Arguments • Unification - Shi Huangdi used Legalism to unify China. One of the ways he kept order was by moving harshly against critics so that nobody could defy his laws which made his country stronger. • “ A Country’s Strength Depends on Law   No country is permanently strong. Nor is any country permanently weak. If conformers to law are strong, the country is strong; if conformers to law are weak, the country is weak.” http://www.humanistictexts.org/hanfeitzu.htm • Upfront – The ruler and law made it very clear that if you did any evil there would be harsh punishments, but if you avoided doing evil, you would be rewarded. • “The [ruler] regulates penalties and increases punishments for the purpose of repressing the wicked, but the people think the [ruler] is severe… [This is a method] for attaining order and maintaining peace, but the people are too ignorant to appreciate [it].” -Hanfeizi Textbook page 91

4. Refuting Arguments • Argument Against: The people feared the law, not respect it, which may eventually lead to a disunity. • Argument For: The fear might turn into respect once they see how strong the law makes the country like in the Qin Dynasty which survived for 20 years. • Argument Against: It was a dictatorship because the ruler controlled the people through harsh, unfair punishments and would not let them exert their capabilities in any other way than farming or war. • Argument For: The ruler used these cruel punishments and restrictions to control his people because he believed it was the best thing to do for them.

5. Applied Today • Dictatorship - The ruler or leader controlled the people by making them fearful of their lives. • Unreasonable laws – The law did not allow the people to live up to their full potential. • Unfair punishments – If the people were caught doing any evil, then they were most likely killed.

6. Summary • “The legalist argues that if a condition can be brought about where there is no other standard than the law, then the clever will be unable to do wrong. If people are controlled by law and if promotions are awarded by following systematic rules, then they will not be able to benefit each other with praise nor harm each other with slander.” http://www.san.beck.org/EC16-Legalism.html

7. References • http://www.san.beck.org/EC16-Legalism.html • http://www.humanistictexts.org/hanfeitzu.htm • http://www.phschool.com/