The rule of law of Han Feizi and Aristotle have the same name but different work

Everybody is good!When it comes to the rule of law, the Chinese people are always willing to seek the basis of the rule of law in the thoughts of the hundred legalists of China’s pre-Qin dynasty.In this regard, some people mistakenly believe that the rule of law is also the legal tradition of Chinese culture.If people who do not understand law say so, it is understandable, but China’s famous jurists also think so, it is a big mistake, mislead people’s children.Some Chinese scholars put forward in the university textbook “Jurisprudence” at the end of the last century, please forgive me for not mentioning specific people.We first look at the difference between the rule of law and the legal system.One is made of knives, so it is made of institutions.One is water governance, governance of governance.The sword was a way of subduing the subject by force, whether you felt comfortable with it, because the ruler had all the machinery of the state at his disposal, using the police, the judges, and even the army if necessary, to keep the subject in check.Water governance means fairness, justice and justice. In essence, it must convince the object of governance, because it depends on the rationality of national governance.Among them, the civilization is ready to emerge.Therefore, after the reform and opening up, China changed the rule of law based on knives into the rule of law based on water in its legal system, which marked an epoch-making development history of Chinese legal civilization.We then turn to the nature of the Confucianism-legalism debate.In my opinion, the dispute between the two is not between the rule of man and the rule of law, or between autocracy and the rule of law. In essence, both are the rule of man and the rule of law. Both are to safeguard the rule of the king, backed by force, rather than justice and justice.It means that the people must not give in, nor must they give in.It seems that Confucian rule should be persuaded by the common people and by virtue.Well, that’s just the surface.Why is it necessary to “abnegate oneself and return to courtesy”? Why is there absolute inequality between the sovereign, the minister and the people? What is “courtesy”?It is a sign of submission, not the other way around, that a person of lower rank obeys a person of higher rank.This is the essence of Confucianism.And legalism is even more so.Let us compare han Feizi, the representative figure of legalism, with Aristotle, the representative figure of the rule of law in ancient Greece, and we will understand the secret of them.Han Feizi was the representative of authoritarian rule of man, despite nominally using the word rule of law.Aristotle firmly opposed despotism and the rule of man, against the rule of one person, against autocratic monarchy, advocating democracy and the rule of law, advocating democracy.Han Feizi never advocated letting the people decide, but let the king decide and supported the kingship doctrine.To be sure, the ancient Chinese legal system had many advantages over that of ancient Greece.Democracy in ancient Greece was limited. Justice was only given to 10% of the society, and only adult male aristocrats were citizens.Minors, women, civilians and slaves do not belong to the category of citizens and cannot enjoy justice.Therefore, the rights enjoyed by the common people and slaves in ancient Greece were far inferior to those enjoyed by the common people in ancient China.This is clear without argument.Not all western moons are brighter than China’s.I dare say, in ancient times, the western moon was brighter than the middle moon.There is no doubt about that.So, the key is the difference in verve.The key to its verve lies in the different relationship between law and monarch, law and people.In ancient Greece, Aristotle believed that the monarch was also subject to the law, and that the authority of the law was higher than the power of the ruler.The core of the rule of law is equality before the law.The rule of law of pre-Qin legalists in China is different, the power of the emperor is higher than the law.Guan Zhong, a legalist, said that the purpose of the rule of law was to make the officials not dare to bully the Lord out of love, but out of fear of his power.To the people is to make people not because they like to compete for services, but because they fear the king’s law.Legalist Shang Yang said that punishment should be unified, and the monarch made laws and decrees, and anyone who disobeyed, except the monarch, would be put to death.So the monarch not only makes the law, but he can get away with it.Why is that?Legalist Han Feizi pointed out that all the credit in the world belongs to the sovereign, but all the faults belong to his subjects.It can be seen that the rule of law of Han Feizi in China is fundamentally different from that of Aristotle in ancient Greece.Although both of them use the rule of law, there are some things that translation cannot do.The fundamental difference between the two minds cannot be translated.Aristotle’s rule of law aims at the supremacy of law.The law is superior not only to the subject but also to the sovereign.The essence of the rule of law is that “everyone is equal before the law”, be it a monarch or a citizen.The true meaning of the rule of law is that law is superior to power.Han Feizi’s rule of law is based on the rule of man.For by the rule of law, he suggested that the sovereign should govern the state and society by the law, and that the sovereign should be free from the law.This is the rule of man.Indeed, Han Feizi tried to enforce the rule of law.On the one hand, the wise king saved the country and ruled the country, but did not save the people.On the other hand, a wise king is a wise king because a wise king must obey the law.However, in the han Feizi ideology, if a king breaks the law, how can he be punished?Or what if those bad Kings just don’t follow the law?Han Feizi did not discuss, nor did he dare to discuss.As a matter of fact, the king is the highest legislator and also the highest legislator.In ancient times, “the son of Heaven broke the law, and the common people with the crime” are just talk, it is a lie, when not true.More terrible is that in legalism, not only can it be used to control social resources, but also to control the national economy and people’s livelihood.First, law can control the wealth of the society.In the final analysis, the essence of law is to regulate the different enjoyment of social wealth by different people.Legalists believe that everyone is not equal before the law, so it is legitimate for different social classes to own different wealth.The root of controlling wealth is controlling land.Secondly, law can control national economy and people’s livelihood.The legalist philosophy of human nature is based on human nature.The legalist Guan Ming said, “When people benefit, they come, and when people harm, they go.The people go down from profit like water.”Han Feizi regarded the relationship between parents and children as a relationship of interests, believing that parents and children “all carry the heart of self”, and parents “even use the heart of calculation to treat each other, but the situation does not have the benefit of parents!Thirdly, in legalist theory, law also has the functions of controlling social distribution, weakening the power of the people, and maintaining kingship with the doctrine of heavy punishment.Again, the legalist “law” is human law, not “natural law”.Therefore, Han Feizi’s rule of law is irrelevant to the “natural law” of the Ancient Greek Stoic school.The mystery is complex and profound, but leave it there.My conclusion is that although the rule of law in ancient Greece and Rome and the rule of law in China use the same word “rule of law”, the internal logic and the original meaning of rule of law are far different.Both han Feizi and Aristotle advocate the rule of law, but although they are the same “rule of law”, they are different in appearance from god.The essence of the “rule of law” in ancient Greece and Rome is that all people, including monarchs and nobles, must obey the law, and everyone is equal before the law in the sense of citizen.Legal power is the rational cornerstone of political power, legal power is higher than the power of political leaders, that is, law is greater than power.The force of force.Government officials exercise their power in accordance with the law to administer the rights and duties of citizens and to benefit from their interests.The essence of Han Feizi’s rule of law is to support autocracy, which means that the king rules his subjects according to law, and the subjects and people have no right to rule the king according to law.There is no equality before the law.

Leave a Reply

Your email address will not be published.