Han Fei and Confucianism: Toward a Synthesis

Abstract

In this chapter, I begin with an acknowledgment of the differences between Han Fei’s political discourse and that of Confucians. In particular, the Confucians believed in the political efficacy of the transformative power of the ruler’s Virtue. Han Fei, in contrast, regards Virtue as exceedingly rare and impractical. However, despite these substantive disagreements, I contend that both Confucianism and Legalism have a place in today’s society. On the one hand, we would hope that the Director of the Federal Bureau of Investigations will “do the tasks that have been assigned to [him or her]—and resolutely to refuse to do anything else,” just as Han Fei’s Supervisors of the Hat and Robe should stick to their own responsibilities and not meddle with anyone else’s. On the other hand, laws need to be interpreted: “Judges and juries must apply concepts like ‘informed consent,’ ‘reasonable doubt’ and ‘preponderance of evidence.’ And when they apply these concepts they are exercising wisdom” (emphasis in original). A little bit of virtue helps.