Han Feizi and Human Rights

Abstract Han Feizi’s philosophy has greatly influenced Chinese politics, but he is commonly perceived in Chinese history as an apologist for tyranny. Can his legalist philosophy be compatible with human rights? In this essay, I take up this interesting question. I argue that Han Feizi’s philosophy could endorse a “political” account of human rights. Han Feizi plans to help the state become orderly and stable. To achieve this goal, the key is the effectiveness of the incentive system and bureaucratic administration, under which people will be incentivized to act in ways that lead to the benefit of state interest. To enable these systems to function fully, there must be certain protections for people, which can be ensured effectively by providing them with rights. Han Feizi’s approach to human rights is different from the Confucian approach and can offer contemporary discussion of human rights new insights from the East Asian perspective.