Abstract

The debate between the legalist philosophers and Confucian scholars during the pre-Qin period is one of the most exciting and provocative exchanges among ancient Chinese philosophers. This debate has fascinated generations of Chinese scholars, particularly modern legal scholars. Chinese legal scholars today still try to understand, clarify and refine the arguments between the legalist philosophers and Confucian scholars. ;In this dissertation, I argue that the legalist philosophers' conception of the rule of law was rather modern, given they were the products of the pre-Qin period and had no contact with the West. ;In Chapter One, I shall offer a brief summary of history and significance of this debate. In Chapter Two, I shall define the concept of the rule of law. In addition, I shall attempt to justify, define and provide strategies for implementation for the general principles of the rule of law. In Chapter Three, I shall demonstrate the importance of the rule of law and legalist philosophers' rationales for their conception of the rule of law. In addition, I shall also analyze and discuss the legalist philosophers' principles of the rule of law. In Chapter Four, I shall discuss the Confucian scholars' arguments for the rule of men and their specific disagreements with the legalist philosophers. Finally, I shall conclude that the legalist philosophers' conception of the rule of law is similar to many modern elements of the rule of law. Although the rule of law may not be practiced in ancient China, such ideal was certainly reflected in the writings of the legalist philosophers