Can punishments Eliminate Punishments: Confucians’ Criticism on Legalists’ Utopia Dream

Shang Yang and Han Feizi championed performance-based law and severe punishments, believing that strict accountability and harsh penalties would deter crime and ensure obedience. Their ideal was a crime-free utopian society where heavy punishments eliminated the need for further enforcement. However, historical evidence from Qin-Han legal statutes and cases reveals that this rigid legalism led to a distorted justice system. Administrative errors were excessively punished as crimes, subjecting diligent officials to the same severe penalties as violent offenders. The high standards and strict regulations created widespread legal violations, fostering resentment toward the law and sympathy for the punished. Despite ongoing criticism from scholars, officials, and even emperors, no significant legal reforms occurred. This study highlights the dangers of perfectionism in governance and explores its role in shaping Confucian opposition to strict legalism, offering a historical perspective on the challenges of balancing efficiency, justice, and human fallibility in legal systems.