Sustainable Development Goals

Abstract/Objectives

As many researchers had pointed out Hanfeizi is opposed to morality by criticizing Confucianism. In this opinion, to emphasize the detachment between Tao(道) and Fa(法) results in metaphysical realism and it is frequently linked to Hanfei’s jurisprudence. Futhermore, this point of view is considered as a kind of positive law in western perspective. First at all, I will prove that there are some intersections between Tao and Fa in Hanfei’s thought. Secondly, while Tao links to De(德) Hanfeizi presents consequentialism which includes rational egoism and incomplete utilitarianism and opposes to deontological theory and altruism by this way. Finally, while Tao links to Li(理) Hanfei takes the stand of realism to expound the actual function of the order of law. To standardize the relationship of Tao and Fa on effectiveness of law may be a feasible rute to reorganize Hanfei’s jurisprudence.

Results/Contributions

This article uses the effectiveness of law to delineate the relationship between law and Tao. In addition, the denotation of effectiveness is to attain something by proper method or to support an argument reasonably. It can be said that it is a batter law if the law is effective. According to HanFei, To give an order from moral sentiment is harmful to governing and a altruistic order is also harmful to national wealth. Those are moral but inproper orders. Furthermore, mutual benefit is equivalent to the interests of king while to maintain mutual benefit does not threaten the king’s political power. That is called rational egoism in this research. As for moral and proper order, it is presented in the line of Hanfei’s thought which is shi-li-dao (事－理－道). If we can accept rational egoism as a kind of moral theory than we can say that is a foothold to throw the alasso from positive law to natural law. Hanfei distinguished the better and the worse law by this way.

Keywords

TaoDeLiFaHanfei

Contact Information

洪巳軒
hungszuhsuan@mx.nthu.edu.tw