Study Of Taoism And Legalism In "Han Fei Zi"

Han Fei established a legal theory system of Fa, Shi and Shu. But judging from the book of"Han Fei Zi", there is an evidence that his thought was from Taoism. The legal theory system of Han Fei is from the base of the thought of Taoism's philosophy. The following several main aspects of Han Fei's legal theory system and the relationship of Taoism.The first part: The thought origin of Taoism and legalism in"Han Fei Zi". Taoism was generated by the Lao Zi. However, since Lao Zi , the Taoism thought is closely related with legalism. With the development of Huang Lao Taoism, such as"Huang Di Si Jing"and Guan Zi, the legalism in the Taoism was more and more clearer. So it can be used by Han Fei. In the legalism, Han Fei's legal thoughts of several main origin, the thought of Shang Yang, Shen Dao, Shen Buxie also contains the existence of Taoism. Shen Dao's thought is the combine of legalism and Taoism, so Han Fei'legal theory system combined the three ideas also based on Taoist thought.The second part: The way of Taoism producing legalism in"Han Fei Zi". The Taoism of Lao Zi and Han Fei is similar, but there is also distinction. Han Fei'Taoism rooted from Lao Zi. Han Fei admited all of Lao Zi's characteristics, and derivatives, for everything that regularity. Everything is on the basic of Taoism, for Taoism in the social and political life is law, so social and political life run to the law. Law is the Han Fei'Taoism in social and political life.The third part: Legal theory system and Taoism in "Han Fei Zi". Fa is the core of Han Fei's legal theory system. The ruling by law is because of the law producing by Taoism. By the way, state political life must be ruled by law; Shu is basic on Shen Buxie's theory, and the theory of Shen Buxie itself contains Taoist thought. Ban Gu said that Lao Zi's thought was the present of shu, so Lao Zi's thought itself is a kind of governing the country and providing for the monarch of art theory; Shi is developed by Shen Dao's theory. Shi is also the key of Fa and Shu. Without Shi, Fa and Shu can't be used. But also Shi has the natural and artificial distinction. The monarch's natural Shi is natural, don't change. Artificial Shi needs the monarch to use by some ways, and the best way for Taoist advocate, like "the tool, couldn't be knowed by people".The fourth part: " Han Fei Zi " rooted in Huang Lao Taoism. Huang Lao Taoism's ideology and Han Fei's thought all root in Taoism, but they still have difference in the political theory. Huang Lao Taoism advocated ruling by Taoism and legalism, whose theory based on the theory of Taoism. Han Fei's ideology also rooted in Taoism, but in political theory, it had more legal theory. However, both views to maintain, no matter ruling by Taoism and legalism or by law, the ultimate aim is "governance". Governance is the eternal theme of China's political society. Huang Lao Taoism and Han Fei's ideology run in the different ways, but eventually they run in the couse of governance. At all, the thought of " Han Fei Zi " rooted in Taoism.