This seems to be a rare glimpse into the fundamental inability of the administrative system to monitor itself in the long run; However, the discovery does not lead to radical alternatives to the system of control over officials. The chapter merely asserts the superiority of techniques and rules over personal interference by the leader in policy-making, and does not explain how these would prevent the machinations of supervisors. To the extent that techniques and rules are implemented by selfish – or simply erroneous – people, the question remains: to what extent can the impersonal mode of government cure the diseases inherent in the bureaucratic system (cf. Van Norden 2013)? This question remains one of the greatest challenges to the legacy of legalists. Two other legalistic texts mentioned in the Han Imperial Catalogue have not been preserved intact, but lengthy quotations of them in the Imperial Encyclopedia have allowed for a partial reconstruction of their contents. Shēnzi申子 is attributed to Shen Buhai, who served as Chancellor of the State of Hán 韓 in the middle of the fourth century BC. J.-C. and is credited with a significant administrative improvement there. Of the original six chapters, fewer than three dozen fragments have remained intact (Creel, 1974). Another text, Shènzi 慎子, is attributed to Shen Dao 慎到 (circa 300 BC), of whom very little is known (it is even possible that the figure of Shen Dao is an amalgam of several personalities; see Xu Fuhong 2013:2-8). Of the original 42 chapters, seven have survived (albeit in incomplete form) in a seventh-century encyclopedia; In total, more than 120 surviving fragments of the text are considered authentic (Thompson 1979; cf. Xu Fuhong 2013).
To avoid confusion between Shēnzi and Shènzi, they are hereinafter referred to as the works of Shen Buhai and Shen Dao respectively. Given the information of the time (1955) and the period of which he speaks, A. F. P. Hulsewé even went so far as to call Shang Yang the “founder of the law school” and considers his unification of sentences as one of his most important contributions; That is, to pronounce the death penalty for anyone who does not obey the king`s orders. Shang Yang even expected the king, although the source of the law (which authorized it), to follow him. This treatment contrasts with ideas that are more typical of archaic society and are portrayed more closely in Zhou rites, giving different punishments to different layers of society. The leader of Shen does not play an active role in government functions. He shouldn`t use his talent, even if he has it. Without its own expertise, it is better able to secure the services of competent officials.
Sinologist Herrlee G. This is no coincidence: after all, some of the most important legalistic thinkers, especially Shang Yang, were the leading reformers of their time. Legalistic thinkers were at the forefront of administrative and socio-political innovation; they were more willing to abandon past norms and paradigms; And they were more pragmatic and results-oriented than most of their ideological rivals. On the other hand, their hostility to traditional culture and moralistic discourse, as well as their highly critical attitude towards other members of the educated elite and their pronounced anti-ministerial approach, have earned them considerable hostility. In the long run, Sima Tan`s observation seems correct: the legalists` recipes were very effective in the short term, but much less attractive in the long term. Han Feizi stressed that ministers and other officials too often seek favor from foreign powers by abusing their positions, urging leaders to control these individuals through the two “holds” of punishment and favor. Public servants were responsible for ensuring that ministers` performance was neither superior nor inferior to the duties assigned to them.