Confucian Elements In Legalistic Politics Of Qin Dynasty

Shang Yang’s Reform under the reign of Qin King Xiaogong established Legalism as thedominant ideology in Qin’s political practice. Then Qin Emperor Shihuang decided to ruleeverything by law. He ordered “Fen Shu Keng Ru”, which is to burn all the classics and burymany Confucian scholars alive. Hence Qin politics and state system was mechanicallyunderstood as “legalistic” and “tyrannical”. Most of the scholars think Confucianism nolonger existed in Qin politics after Shang Yang’s Reform.But the truth is different. Confucianism before Qin exerted a tremendous influence onthe society. Han Dynasty even banned “a hundred schools of thoughts” and singled outConfucianism to implement exclusive dedication. Confucianism shouldn’t be absolutelybanned in Qin Dynasty. This thesis will follow the formation and development of Pre-QinConfucianism and Legalism theories, and then summarize their core concepts. Throughanalyzing the fusion of Confucianism and Legalism during the time of Jixia Academy,Xunzi’s emphasis on rites and laws, and the integration of Confucianism and Legalism in theLu Shih Ch’un Ch’iu, this thesis will examine the colliding and blending of these two schoolsof thought. With the help of literature analysis and case studies, the author focuses on a fewrepresentatives of the Legalism: Shang Yang, Han Fei, Li Si’s theories and the politicalpractice of Qin Dynasty. And combining the content of “Shuihudi bamboo slips of Qin”onlaws of Qin Dynasty and the proper ways of being officials, the author reaches the conclusionthat there are indeed Confucian elements hidden in Qin legalistic politics. In addition, theConfucian and legalistic political practice throughout Qin history left a strong impact on theformation of Han Dynasty’s political and cultural patterns. In early Han, scholars like Lu Jiaand Jia Yi further explored the fusion of the two schools of thought, followed by DongZhongshu under the reign of Han emperor Wudi. Dong made critical contribution for theintegration of the two schools, finally constructing a political and cultural pattern emphasizingboth rites and laws. Chinese feudal society thereafter was deeply influenced.