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Shen Pu-hai

Shen Buhai
Chinese 申不害

The Chinese statesman Shen Buhai (Chinese: 申不害; c. 400 BC – c. 337 BC) was Chancellor of the Han state under Marquis Zhao of Han for fifteen years, from 354 BC to 337 BC. A contemporary of syncretist Shi Jiao and Legalist Shang Yang, he was born in the State of Zheng, and was likely a minor official there. After Han conquered Zheng in 375 BC, he rose up in the ranks of the Han officialdom, dividing up its territories and successfully reforming it. Though not dealing in penal law himself, his administrative innovations would be taken into "Chinese Legalist" statecraft by Han Fei, his most famous successor, and Shen Buhai's book most resembles the Han Feizi (though more conciliatory). He died of natural causes while in office.

Though Chinese administration cannot be traced to any one individual, emphasizing a merit system figures like 4th century BC reformer Shen Buhai may have had more influence than any other, and might be considered its founder, if not valuable as a rare pre-modern example of abstract theory of administration. Sinologist Herrlee G. Creel sees in Shen Buhai the "seeds of the civil service examination", and, if one wished to exaggerate, the first political scientist, while the correlation between Shen's conception of the inactive (Wu-wei) ruler and the handling of claims and titles likely informed the Taoist conception of the formless Tao (name that cannot be named) that "gives rise to the ten thousand things."

Shen was known for his cryptic writing style. Because the writings attributed to him appear to be pre-Han dynasty, he is credited with writing a now extinct two chapter text, the Shenzi (申子), which is concerned almost exclusively with the philosophy of governmental administration. In 141 BC, under the influence of Confucians, the reign of Emperor Wu of Han saw Shen Buhai's name was listed with other legalist thinkers whose ideas were officially banned from the government; from that point on, scholarship Shen's ideas went into a steep decline, despite continued use of his foundational ideas in administration (much of which, consisting of skill and report checking, would be unavoidable).


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