How should society deal with lawbreakers?

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How should society deal with lawbreakers?

• Tiffany Mullen, DeAndre Baylor, Kaitlin Saunders

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Legalism(For)

• The Legalism advocates the utilization of
  codified laws and harsh punishment to achieve
  social order. This is due to the legalists
  belief that all human beings are born evil and
  self-interested. Therefore, if left unrestrained,
  people would engage in selfish behavior which
  will undoubtedly lead to social unrest. To cure
  this defect and force people to behave morally,
  the only way, believed the legalists, is to
  publicly promulgate clearly written laws and
  impose harsh punishments.

http//www.san.beck.org/EC16-Legalism.html
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Arguments

• Unification - Shi Huangdi used Legalism to unify
  China. One of the ways he kept order was by
  moving harshly against critics so that nobody
  could defy his laws which made his country
  stronger.
• A Countrys Strength Depends on Law
•   No country is permanently strong. Nor is
  any country permanently weak. If conformers to
  law are strong, the country is strong if
  conformers to law are weak, the country is weak.
• http//www.humanistictexts.org/hanfeitzu.htm
• Upfront The ruler and law made it very clear
  that if you did any evil there would be harsh
  punishments, but if you avoided doing evil, you
  would be rewarded.
• The ruler regulates penalties and increases
  punishments for the purpose of repressing the
  wicked, but the people think the ruler is
  severe This is a method for attaining order
  and maintaining peace, but the people are too
  ignorant to appreciate it.
• -Hanfeizi
• Textbook page 91

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Refuting Arguments

• Argument Against The people feared the law, not
  respect it, which may eventually lead to a
  disunity.
• Argument For The fear might turn into respect
  once they see how strong the law makes the
  country like in the Qin Dynasty which survived
  for 20 years.
• Argument Against It was a dictatorship because
  the ruler controlled the people through harsh,
  unfair punishments and would not let them exert
  their capabilities in any other way than farming
  or war.
• Argument For The ruler used these cruel
  punishments and restrictions to control his
  people because he believed it was the best thing
  to do for them.

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Applied Today

• Dictatorship - The ruler or leader controlled the
  people by making them fearful of their lives.
• Unreasonable laws The law did not allow the
  people to live up to their full potential.
• Unfair punishments If the people were caught
  doing any evil, then they were most likely
  killed.

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Summary

• The legalist argues that if a condition can be
  brought about where there is no other standard
  than the law, then the clever will be unable to
  do wrong. If people are controlled by law and if
  promotions are awarded by following systematic
  rules, then they will not be able to benefit each
  other with praise nor harm each other with
  slander.
• http//www.san.beck.org/EC16-Legalism.html

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References

• http//www.san.beck.org/EC16-Legalism.html
• http//www.humanistictexts.org/hanfeitzu.htm
• http//www.phschool.com/