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Shen Buhai (Chinese: 申不害; c. 400 BC – c. 337 BC)[1] was a Chinese essayist, philosopher, and politician. The Shiji records that he served as Chancellor of the Han state under Marquis Zhao of Han for fifteen years, from 351 BC or 354 to his supposed death in 337 BC. He died of natural causes while in office.[2] 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 Shang Yang's doctrine of reward and punishment, his administrative innovations would be incorporated into "Chinese Legalist" statecraft by Han Fei, his most famous successor. Shen Buhai's fragments most resembles the Han Feizi, though more conciliatory.
Though the origins of the Chinese administrative system cannot be traced to any one person, prime minister Shen Buhai may have had more influence than any other in the construction of the merit system, and might be considered its founder, if not valuable as a rare pre-modern example of abstract theory of administration. Sinologist Herrlee G. Creel saw in Shen Buhai the "seeds of the civil service examination," and perhaps even the first political scientist.[3][4]: 94
Although Sinologists Benjamin Schwartz and Hansen would take Shen Dao as a more relevant Daoist forebear, Creel believed that Shen Buhai's correlation between an inactive (Wu-wei) ruler, and a handling of claims and titles likely informed the Daoist conception of the formless Dao (name that cannot be named) that "gives rise to the ten thousand things." He is credited with the dictum: The Sage ruler relies on measures and not on wisdom; he relies on technique, not on persuasions.[5]