Was Qin Government Policies Legalist in Nature?

The legalist principle had it that it could be useless for any leader or person to correct human behavior through a normal manner for instance education, praying and ethical restriction. According to the legalist perspective, the human being is evil, and their behaviors are never appealing. Therefore, they only need a well-organized and energetic government which has fully functioning rules and code of conduct with a suitable devised code of policies which are used to enforce and implement them 1 . According to the legalist, the law should be stringent, understandable and should be punishing anyone for any mistake whether small or significant. The principle of legality is therefore based on harsh punishment for those who are against the law and the reward for the law-abiding citizens. Legalism was very important to Qin states. 

Did Qin officials follow Legalist principles in their handling of legal cases? 

There are three legalist principles, and these were well followed by the Qin official based on the case given. The first is the power and position or the Shish, the second is the Administrative technique and method, and the last one is the comprehensive system of the law or the Fa. The Qin had extensive law system and procedures which were used to prosecute the wrongdoers. The system was organized in a manner that promoted order when reporting, and this guided the entire legal operation during the proceeding. For instance, in the case one given, the Qin had a law which indicates that the property of the suspect must be held hostage first until he/she is declared guilty or not. 1 Also, Qin strictly followed their laid down code of conducts and rules which were guiding people . 2 For instance, in the case two where the robber denounces himself, we saw that the Clark is ordered immediately to seize witnesses who were involved in crime as confessed by his partners. This means that as the legalist recommended, the Qin rules were strict and punishments done immediately. 3 Last, the strict rules and code of conduct as approved by the legalist principles were made known to the people at legal institutions in Qin. In almost all the case, there is a procedure of documentation of the reports which are, meant to act as evidence and clarification on the punishment given in the justice institutions. The organization of the court system also depicted the administration part of the legalists in Qin legal institutions. 

Was Qin government policies Legalist in nature? 

Legalists have it that human are inherently evil, and they are inclined towards crime, worse behaviors and selfishness. Legalists hold an opinion that in case human beings are given a chance to act as per their natural proclivities, the result will be chaos and crime in the society. They, therefore, need laws to create strict boundaries to help in shaping their behaviors. This was the same opinion held when the Qin government policies when being drafted. 

First, it was a policy that incases a citizen commits any crime; he or she has to face the law and be punished according to what is required by the law. This is evident in the case three where the officer saw witness beheads a fellow soldier at the battlefield. He arrested the culprit immediately and went ahead to report the same matter in the legal institution to have the culprit punished. This means that people were made to believe that human being must be punished if they go against the law. This is legalism way of thinking. Qin had policies which state that a person must have his/ her fortunes hold hostage when he/she is undergoing criminal investigation in the legal system. 4 This is demonstrated in the case one. In simple term, they believed that people could misuse their properties if they think they are guilty and their properties may be taken in case they are found guilty. Lastly, it was a policy of the country that any criminal activity or dispute such as violence must be reported and solved in the court of law. This is evident in the case four, where the two soldier battle out for a severely injured head. To address this case, they had to go to law officers to have the matter settled. It therefore, means that the government policies confined the citizens to recognized laws for punishing crime. 

What do the cases tell us about state-society interactions under the Qin? 

First, the cases indicate that the States officials looked down upon the common people in the society. The state's officials had the power to enforce the law and hence had control over the commoners. As the case indicates, they were called the commoners by the officials of the state. Altogether, the state’s ensured that there were peace and criminal free society. This is demonstrated by the fact they made laws and reporting procedure in case there was any crime done in the society. Alternatively, the state’s officials were mandated to arrest any individual in the society who would be found on the wrong side of the law. 

Did these interactions follow the kind of Legalist principles discussed in Han Fei’s writings? 

The interaction between the commoners in the society and the upper class in the state in Qin was a perfect example of the Han Fei’s writings. The state's officials viewed the citizens as a human being who must be guided by the rules. Han Fei’s writings claimed that even a toughest person who objects the parents, teachers and other people's advice would fear if 5 they are exposed to law. 6 This was the kind of principles which formed the foundation of the relationship between the states officials and the society in Qin. 7 For instance, the case presents situations where many citizens confessed their crime when they were subjected to the law. Also, the state’s officials created law boundaries for the society to act as their guidelines. For instance, the community was made to believe that if one is involved directly in murder, they have to face the law. 

Was there anything about Qin state and society that diverged from Legalist ideas? If so, what was it? 

Qin states and the society had many elements of legalism. The policies used depicted the philosophy of the legalism. However, states viewed the people’s involvement in legal matters differently from that of the legalism perspective. Qin allowed participation of people in the proceeding and even filing cases. This is demonstrated in the many cases given where people were also willing to take matters to court. For instance, there is case where the officer arrested the soldier who killed his colleague. However, Legalism doesn't mention any involvement of people in such kind of matters. 

In conclusion, legalism impacted Qin states and made it a legal state. The paper justify this fact and concludes that legalism was being practiced in the Qin law system, government policies, and was the dominant force which created an awfully relationship between the states and the society in Qin. 

References 

Selections from the Han Feizi: Chapter 49, “The Five Vermin.” (2017). Retrieved 11 October 2017, from http://afe.easia.columbia.edu/ps/cup/hanfei_five_vermin.pdf 

(2017). Retrieved 11October 2017, from: 

http://afe.easia.columbia.edu/ps/cup/qin legal case.Pdf 

1 Qin legal cases, p. 2 

2 Han Fei, P. 3 

3 “Han Fei, p.2 

4 Qin legal cases, p. 2 

5 

6 Qin legal cases, p. 2 

7 Qin legal cases, p. 3