A Study on the Criticism of Han Fei Tzu's Governance Philosophy and Modern Re-examination

Han Bijia systematized Confucian thought by soberly analyzing the nature of monarchs and power. He defined human nature as an instinctive being that is not only selfish but also immutable in self-preservation. He emphasized the need for strong laws and institutions to control human nature. His philosophy of governance was based on a trinitarian structure of law, power, and strategy. He reflected the trends of the thought world at the time by emphasizing the importance of strong laws and institutions as a means of securing the monarch's power and position, and as the main solution to an effective ruling strategy. He emphasized that the rule of law, which emphasizes strong laws and institutions, is a just governing behavior based on objective standards, and he openly declared that the strong power of the ruler is the only alternative to avoid various contradictions and conflicts between humans and humans. However, his philosophy of governance only focuses on the problem of totalitarian thinking to strengthen the ruler's absolute power, and when it is supported by the ideological belief of the rule of law, the danger of serious abuse of power such as Nazism or fascism cannot be excluded. Especially under the rule of law, which is based on the decentralization of power and checks and balances, such blindness can only be devalued as a tool of anti-social indulgence that greatly undermines the value of humanity and dignity. Furthermore, his consistently pessimistic attitude toward human nature, which forced him to remain within the confines of the rule of law, and his inability to fully consider the complexity of human nature and society, certainly presents a clear limitation to his philosophy and thought. Nevertheless, Han Bijia's philosophy and ideas continue to influence many people to this day. This is because his discourse is embedded with concrete practices and strategies for structuring and implementing an ideal rule of law. This study aims to show that Han's philosophy of governance goes beyond a simple logic of power and reduces it to fair rules and practical values along with collective efficiency. In addition, we will examine in depth the limitations and contradictions of his philosophical ideas in the realm of rule of law. Through this, we hope to derive sustainable governance models and effective organizational management measures, and to provide a prospective opportunity to expand the value and scope of humanities by reaffirming the contemporary value of traditional philosophy.