법가의 이상국가론

Abstract

The ideal state theory of Fajia(法家) can be summarized as "a country where the upper and lower classes can satisfy each other, a country of fair rule of law, and a country of justice." However, it is not only pursued by Fajia, but also by other schools. Therefore, it should be noted that Fajia intended to realize this ideal country by what method. In this article, I summed up the characteristics of Fajia as "orderly agriculture-war state, utilitarianism, retaliatory justice and exclusion of love, prevention of heavy punishment through heavy punishment, governance unbound by the will of the people." These five features are exactly the opposite of Confucianist theory. It is very important that Fajia emphasizes awards and punishment as a device that can take advantage of selfishness and control selfishness. The problem is that by paying attention only to human selfishness and turning a blind eye to human moral nature, Fajia emphasized only the need for "heteronic control" of humans and completely denied the "area of autonomy." Even if heteronic control can tame human beings, humans are, after all, dreaming of freedom and self-control. Thus, the rule of Fajia has only a temporary effect. Now we must correctly recognize the achievements and mistakes of Fajia, and use them to establish our ideal state.