Fa | |||||||
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Chinese | 法 | ||||||
Literal meaning | standard, model, example, measure, norm, way, solution, rule, method, technique (shu), regulation, protocol, statute, law. to imitate; to emulate. | ||||||
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Fa is a concept inChinese philosophy that concerns aspects of ethics, logic, and law. Although it can be accurately translated as 'law' in some contexts,[1] especially modern Chinese,[2] it refers to a 'model' or 'standard' for the performance of behavior in most ancient texts, namely theMozi, with a prominent example including the performance of carpentry.[3] Although theoretically earlier, Fa comes to prominence in theMohist school of thought. An administrative use of fa standards is prominently elaborated inLegalism, but theschool of names also used fa (models) for litigation. Given its broadness, the termfa even included medical models (theories).[4]
Fa was still considered important byWarring States period Confucians.Xunzi, whose work would ultimately be foundational toConfucian philosophy during theHan dynasty, took upfa, suggesting that it could only be properly assessed by the Confucian sage (聖;shèng), and that the most importantfa were the very rituals thatMozi had ridiculed for their ostentatious waste and lack of benefit for the people at large.[5]
InHan Fei's philosophy, the king is the sole source offa (including 'law'), taught to the common people so that there would be a harmonious society free of chance occurrences, disorder, and "appeal to privilege". High officials were not to be held above thefa, nor were they allowed to independently create their ownfa, uniting bothexecutive fiat andrule of law.[6]
The concept offa first gained importance in theMohist school of thought. To Mozi, a standard must stand "three tests" in order to determine its efficacy and morality.[7] The first of these tests was its origin, as to whether the standard had precedence in the actions or thought of the mythologicalsage kings of theXia dynasty, whose examples are frequently cited in classical Chinese philosophy. The second test was one of validity; does the model stand up to evidence in the estimation of the people? The third and final test was one of applicability; this final one is autilitarian estimation of the net good that, if implemented, the standard would have on both the people and the state.[8]
The third test speaks to the fact that to the Mohists, afa was not simply an abstract model, but an active tool. The real-world use and practical application offa were vital. Yetfa as models were also used in later Mohist logic as principles used indeductive reasoning. As classical Chinese philosophical logic was based onanalogy rather thansyllogism,fa were used as benchmarks to determine the validity of logical claims through comparison. There were threefa in particular that were used by these later Mohists to assess such claims, which were mentioned earlier. The first was considered a "root" standard, a concern for precedence and origin. The second, a "source", a concern forempiricism. The third, a "use", a concern for theconsequence and pragmatic utility of a standard. These threefa were used by the Mohists to both promote social welfare and denounce ostentation or wasteful spending.[9]
Described with reference to the square, compass orplumb-line, Mozi used fa in the sense of models and standards for copy and imitation in action. As in Confucianism, Mozi's ruler is intended to act as the fa (or example) for the nobles and officials. From this, the concept of fa develops towards political technique.
Illustrated by the scale, grain-leveler and ink and line, together with a benevolent heart,Mencius's ruler will not achieve effective results without fa. A late contemporary ofShen Buhai andShang Yang, Mencius's fa more broadly represents models, exemplars and names. Amongst other categories, including techniques of the heart-mind, Mencius's fa includes more specific examples of physical statistics such as temperatures, volumes, consistencies, weights, sizes, densities, distances, and quantities.
Xunzi's notion of fa arguably derives from Confucian li as applied to the regulation of human behavior. The Great Appendix or Ten Wings of theBook of Changes, added by Confucian scholars during theWestern Han dynasty, definesfa as "to institute something so that we can use it."[10]
Taking Shang Yang as representative, Chapter 43 of theHan Feizi considered fa (standards) necessary, as including law, decrees, reward and punishment, as well as administrative standards (fa) controlled by the ruler, representative of his own state's Shen Buhai. The latter he terms (shu 术) administrative Method or Technique,[11] defined as examining the abilities of ministers, appointing candidates in accordance with their capabilities, and holding ministerial achievements (xing "forms") accountable to their proposals (ming "names").[12]