TERMBASES
Rule by law, as opposed to rule by man, calls for ruling a state and its people by the ruler through enacting and strictly enforcing laws and regulations. It is an important political thought of the Legalist scholars in the pre-Qin period. Rule by law meted out well-defined rewards and punishments, but tended to be excessively severe and rigid in enforcement. From the Han Dynasty all the way to the Qing Dynasty, rule by law and rule by man were exercised by various dynasties, mostly in combination. With the spread of Western thoughts to China in more recent times, the concept of “rule by law” acquired new implications, evolving into one of “rule of law.”
The Chinese character fa (法), originally meaning “penalty,” refers to the legal system consisting of laws, decrees, and regulations. In ancient China, both fa and li (礼rite) set standards for individual behavior. In particular, rites rewarded virtue, while laws punished vice. It was generally accepted that while only a sovereign ruler had the right to enact and promulgate laws, everyone, be it a ruler or a subject, had to obey the laws. This point of view reflects the justice and fairness of law. In 536 BC, Zichan (?-522 BC), the chief minister in the State of Zheng, had the legal provisions cast on a bronze ding, a tripodal vessel that symbolized the power of the ducal ruler. Zichan’s action, known as “casting the penal code,” was the very first example of publishing a statute in Chinese history. The Warring States Period witnessed the rise of the Legalists such as Shang Yang (390?-338 BC) and Hanfeizi (280?-233 BC). Fa (法) is also a Buddhist term. In scriptures, it is the Chinese equivalent of the Sanskrit word dharma with three shades of meaning. First, it refers to real being, which is the object of genuine knowledge. Buddhism argues that all things in daily life are produced through the concomitance of causes and conditions. In this sense, what one appears to see or know is unreal in nature. However, one can perceive the dharmas, the indivisible real elements beneath the surface, through mental practices. Indeed, there are more than a hundred types of the elements, such as substance and consciousness. Second, dharma can be defined as the Buddhist teachings. The teachings here not only refer to the words dictated by the Buddha but also what dharma-hearers receive and pursue. This point of view is different from the characteristics of dharma discussed in the Abhidhamma Pitaka (Basket of Advanced Dharma). But they do not contradict each other, because both of them advocate that perception of reality be based on relevant teachings. For Buddhism as a whole, the teachings constitute a significant portion of its knowledge system; for all Buddhists, the teachings pave the way for their personal liberation. Third, dharma denotes the worldly phenomenon, which is clearly distinguishable from the previous meaning. In scriptures, zhufa (all dharmas) and wanfa (tens of thousands of dharmas) represent all worldly phenomena, unreal in nature, in the broadest sense.
Rule by man, as opposed to rule by law, is the most important ruling concept in the Confucian political philosophy in ancient China. It calls for ruling a state and its people through orderly human relations, moral standards, and other value systems. Rule by man emphasizes the fundamental role and importance of people in conducting political affairs. It emphasizes that a ruler should have a lofty and noble character, select competent officials with integrity to run the state, and educate and influence the general public. In Chinese history, this concept of governance was designed to achieve a harmonious relationship between the sovereign, his officials, and his subjects, which meant “benevolent governance.”
This refers to the effect a ruler’s virtuous behavior has on his subjects, in the way the wind influences the myriad things. Moral cultivation is an important part of education. The Confucian view is that a ruler should set an example to the people, influencing them unobtrusively. If he is moral and ethical in conduct, the people will follow his example and abide by the rites and moral standards willingly without being under duress. The term also refers to the prevailing social mores in a country shaped by a ruler's influence.
Originally, this term meant to educate and influence people. Later, it came to refer to the function of shaping customary social practices, namely, the educational role of literary and artistic works in changing social behaviors and popular culture. Originating from “Introductions to Mao’s Version of The Book of Songs,” the term is one of the important concepts of the Confucian school on the function of the arts. It believes that poetry and music have a role to play in shaping people’s mind, reflecting the notion that rulers can educate and influence the general public by imparting a particular ideology in a top-down fashion, thereby achieving the desired effect of cultivating the general culture. The influence of this concept is far-reaching； it has impacted much of artistic creation in China, all the way from the poetry and music of the pre-Qin period to literary and artistic works in the modern times. It not only reflects the Confucian view on moral education, but also imparts a sense of social responsibility on writers and artists. However, if an artistic work overemphasizes moral cultivation, it runs the risk of placing ideology before artistic form, thus compromising its aesthetic value. The right way is to embed teaching in entertainment and let a literary or artistic work exert its influence on social mentality in a subtle and imperceptible way.
Shaping the mind through education was a key concept of the political philosophy and an essential way of governance in ancient China. Rulers usually used a combination of means, both visible and invisible, to subtly spread their values among people so that these values would be observed in people’s daily life, leading to integration of governance and social mores. These means include issuing administrative decrees, conducting moral education, creating a favorable environment, disseminating popular literature that promoted ethical values, and selecting officials through imperial examinations.
In ancient China, music, together with poetry, was a way to conduct political education. Reviewing music education in the Zhou Dynasty, the Confucian scholars before the Qin-dynasty unification of China at the time concluded that music could transform social and cultural practices, stir up one’s inner emotions, and cultivate a good character. On this basis, they developed a comprehensive Confucian theory of music and music education. Subsequently, both “music education” and “poetry education” became important subjects in the official school system, forming a key part of early Chinese ritual and music culture.
The term is used to describe efforts to teach people essential ideals and principles of renwen (人文) and guide them to embrace goodness with the aim of building a harmonious – albeit hierarchical – social order, according to the level of development of a civilization and the specifics of the society. Renwen refers to poetry, books, social norms, music, law, and other non-material components of civilization. Hua (化) means to edify the populace; cheng (成) refers to the establishment or prosperity of rule by civil means (as opposed to force). The concept emphasizes rule by civil means, and is another expression of the Chinese concept of “civilization.”
The law treats everybody equally, not favoring the rich and powerful. The Legalists in ancient China argued that there should be no distinction between noble and poor or close and distant people; punishment or reward should be meted out strictly in accordance with the law. They believed in fairness in enforcing the law and treating everyone as equal before the law. This belief has been championed through the ages and is a major source of the notion of rule of law.
Abolishing punishment with punishment is a concrete manifestation of the Legalist school’s “rule by law.” Seemingly the same as the Confucian notion that punishment is meted out for the purpose of eliminating punishment, it is in fact quite different. Confucians esteemed rites, wanting to get rid of punishments by means of virtue, while Legalists valued punishments, applying severe penalties to inflict fear in the hearts of the common people so that they would not dare commit crimes. Thus there would be no need for punishment. From the point of view of achieving the ideal of “great order under heaven,” Legalist “abolition of punishment” is very close to Confucian “elimination of punishment” but lacks the human concern of Confucianism.
The purpose of meting out punishment is to eliminate punishment, which is an extension of the Confucian idea of “rule by virtue.” The Confucian point of view is that education by rites and music is the main means of state governance, and penalties are only auxiliary. The aim of governance is to educate the people through these two means, educating and transforming them so that they adopt virtuous conduct and abide by the laws, thus bringing great order to all under heaven and making punishments unnecessary, that is to say, eliminating punishments. It is also the ideal state attained within the framework of “rule by virtue.” This represents the dialectical point of view of the unity of means and aims.
Law being a means of loving the people suggests that laws and institutions are for the benefit of the people. It is an important guiding principle of the Legalist school. The profound significance of this is: Changing laws and institutions or establishing new ones must have “loving the people” as its basis and aim. The Legalists are known for advocating harsh laws and severe punishments, in contrast to Confucian “rule by virtue,” but at a deeper level they are not so much at odds with such concepts as “the people being the foundation” and “benevolence.”
In the context of this term, “laws” refers to the administrative edicts of a ruler as well as institutions and laws. “Times” refers primarily to the prevailing social conditions. “Rites” mainly refer to a society’s moral norms and codes of conduct. In addition to social conventions and mores, “customs” also include popular sentiment. This expression means since everything is constantly changing and evolving, institutions, laws and rites must change correspondingly. It opposes being bound by tradition, favors innovation and change, and espouses the basic principle that a country’s governance should follow the times and respond to popular will. This is an example of the concept of “going with the times” contained in The Book of Changes, and it also resonates with the concept of “putting the people first” advocated by Confucianism.
Laws should be respected by the sovereign ruler and people equally. This means that once a law is promulgated, everyone, regardless of status or wealth, has to abide by it; even the supreme ruler of the state cannot make changes at will. This notion can be seen as an extension of the ancient Legalist idea that “the law does not favor the rich and powerful.” It emphasizes not just the inflexibility and equality of the law; the law supersedes power and politics.
The expression means fair and just. Gong (公), the opposite of si (私 private), means impartial and not self-centered. Zheng (正), the opposite of qu (曲 crooked), has two meanings. One is shared norms based on justice, and the other is making oneself comply with these norms in one’s behavior and stay unbiased and impartial in one’s relationship with others. Fairness is expressed mainly in a state or society having a common morality and norms with which all people are bound and which people use to judge whether others are doing right. In modern society, fairness finds its expression mainly in the way that institutions, laws, and people are just and social wealth and public resources are fairly distributed. It is seen as one of the core values conducive to good morality and society.
The term originally referred to the lord of the people, the one who ruled on their behalf, i.e., the monarch. Later on it also referred to government officials. The people of ancient times regarded the “lord of the people” as “following the mandate of heaven and complying with the wishes of the people.” The people and their lord formed an organic whole like the human body and heart. In modern China, the term has become the Chinese equivalent of “democracy,” mainly meaning the fundamental principle of state power belonging to all of the people and also the political system and social conditions based on that principle. In essence democracy is government by the people who are able to exercise the right of managing state and society, and who, in this process, can freely express their opinions and safeguard their interests. Democracy is based on the principle of decision by the majority with due respect for the rights of individuals and the minority. Democracy is designed to safeguard the social status of citizens. It is a socialized form of human rights, and one of the core values conducive to a good society.
As the Chinese translation of the Sanskrit word "sama," pingdeng (平等) means the same level with no difference. As a fundamental concept of Buddhism, it originally meant that there was no difference between the various castes. Later on, in Mahayana Buddhism and Buddhism adapted to the Chinese conditions, such as Zen Buddhism, it was believed that there was no difference between dharmas and between all sentient beings in terms of Buddha-nature and ultimate meaning. Buddhism stresses the value of equality in several respects, of which the most important one is equality for all sentient beings (there is no difference between living things). This is generally considered to mean equality for everyone. In modern times, the Western concept of equality was translated as pingdeng, in the sense that as a member of society, everyone enjoys the same status, opportunities and rights in social relations and social activities.
This term refers to a thriving, prosperous, and perceptibly refined society in which people behave in a cultured fashion. Wen (文) refers to the arts and humanities, including social norms, music education, moral cultivation, and a social order that is hierarchical yet harmonious. Ming (明) means bright, prosperous, and highly civilized. The Chinese nation has always preferred wen to wu (武 force). This is the loftiest ideal pursued by the Chinese nation since ancient times. It was also the criterion by which to judge whether the governance of a nation was well conducted.
The term means acting on one’s own free will without being subject to external restrictions. In ancient China, both Confucians and Daoists longed for freedom both of the mind and in their lives. In modern times, this term has become the Chinese word for “liberty” and “freedom.” As a technical term, it has two meanings. One is citizens’ statutory and law-protected rights not to be interfered in their will and actions, such as freedom of speech, freedom of assembly, and freedom of religious belief. The other, philosophically, refers to freedom of people’s understanding of necessity and their transformation of the objective world. Based on a profound understanding of the principles governing the nature and society and aiming to ensure individuals to achieve well-rounded development, freedom is considered one of the core values conducive to a good society.
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