Shen Buhai

Part of a series on
Chinese legalism
Figures Guan Zhong Marquess Wen of Wei Li Kui Duke Xiao of Qin Shang Yang Shen Buhai Wu Qi Shen Dao Zhang Yi Han Fei Li Si Qin Shi Huang
Han figures Jia Yi Emperor Wen of Han Emperor Wu of Han Chao Cuo Gongsun Hong Zhang Tang Huan Tan Wang Fu Zhuge Liang
Later figures Emperor Wen of Sui Du You Wang Anshi Li Shanchang Zhang Juzheng Xu Guangqi
Relevant texts Guanzi The Book of Lord Shang Shenzi (both books) Han Feizi Wuzi Wei Liaozi Annals of Lü Buwei Huang-Lao
Relevant articles Rectification of names Wu wei Discourses on Salt and Iron Criticize Lin, Criticize Confucius
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Shen Buhai (Chinese: 申不害; c. 400 BC – c. 337 BC)^[1] was a Chinese statesman, reformer and diplomat. According to the Shiji, Shen Buhai served as Chancellor of the Han state under Marquis Zhao of Han, for around fifteen years to his natural death in office in 337 BC, ordering its government and doctrines emphasizing administrative technique (Shu).^[2][3] A contemporary of syncretist Shi Jiao and Shang Yang, Shen was born in the State of Zheng, likely serving as a minor official there. After Han completed the conquest and division of Zheng and Wei in 376 BC, he rose up in the ranks of the Han officialdom, reforming its administration and military defenses only about a half century after its founding.^[4]

Shen Buhai influenced the creation of the civil service examination and perhaps was even the first political scientist, seeming to play an influence on Han dynasty reformers. With the imperial examination extending in influence to the European civil service, he may be considered a founder in world bureaucracy.^[5] However, it is not as evident that he was as well known as Shen Dao during their lifetimes.^[6] His administrative ideas were influential enough to become one of the Xun Kuang's critiqued "Twelve Masters" in the later Warring States period,^[7] and might have been renowned by the time the Han Feizi was written.^[8]

Shen Buhai was said to be a Daoist in the Shiji,^[9] with Sima Qian attesting Shen Buhai, Shen Dao and Han Fei to be "rooted" in Huang-Lao, or "Yellow Emperor and Laozi (Daoism).^[10] With concepts of wu wei "non-action", but a Dao or Way referring more to administrative methods, he might have preceded the Tao te Ching,^[11] but bares a "striking" resemblance to it.^[12] The Han Feizi recalls him alongside the Tao te Ching.^[8] Together with the Laozi and Han Feizi, Shen Buhai forms an influence for the Daoistic Huainanzi.^[13]

Despite his later influence, according to the Han Feizi, Shen Buhai had disorganized law in the early Han state.^[14] No Han or earlier text individually connects him with penal law, but only with control of bureaucracy. The Huainanzi and Hanshu only gloss him as a penal figure (or Legalist) when discussing him alongside Shang Yang and the Han Feizi.^[15][16] In contrast to Shang Yang, Shen Buhai appears to have opposed punishment, in hopes that a strict and efficient administration would abolish the need for it in the bureaucracy. As quoted by Pei Yin, Liu Xiang recalls him as a figure who recommended that the ruler "grasp (administrative) technique (shu)" in-order to "do away" with the punishment of ministers, relying on supervision and accountability.^[17]