Abstract

This paper explores the relation of order and welfare for Han Fei's philosophy. It will be claimed that the Legalist did indeed show concern for the overall quality of life of society, claiming that his model state would lead to a substantial increase for the individual's welfare. On the other hand, although he acknowledges (and cares) for these positive consequences, Han Fei does not attach any value for legitimizing the system he proposes to them. Even if there were any value attached to benefitting the people, it would be indirect. For Han Fei, a welfare does not legitimize the system but is a consequence of the ‘right system’. He is not concerned with letting the people live better for the sake of the people, but rather with having healthy and motivated subjects, as these are at the same time consequences of, and requirements for, a strong and stable state. The novelty of this paper is to interpret Han Fei's philosophy as welfare-maximization through a specific understanding of the role of virtue.

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