Confucianism basically adheres to the legislative principles of "kissing" and "respecting respect", maintains "rule by courtesy", advocates "rule by virtue" and attaches importance to "rule by man". Confucianism had a great influence on feudal society and was regarded as orthodox by feudal rulers for a long time.
the fundamental meaning of Confucian "rule by courtesy" is "difference", even though the noble, the humble, the old and the young have their own special codes of conduct. Only when the nobility, the seniority, the seniority and the intimacy have their own rituals can we achieve the ideal society of Jun Jun, minister, father, son, brother, brother, husband and wife in the eyes of Confucianism. The governance of the country depends on the stability of the hierarchical order. Confucian "ceremony" is also a form of law. It takes the maintenance of patriarchal hierarchy as the core, and if it violates the norms of "ceremony", it will be punished by "punishment"
the Confucian doctrine of "ruling by virtue" is to advocate moral education. Confucianism believes that no matter whether human nature is good or evil, people can be influenced and educated by morality. This way of education is a psychological transformation, which makes people feel good and know shame without evil. This is the most thorough, fundamental and positive way, which is beyond the reach of legal sanctions.
Confucianism's "rule by man" is the idea of attaching importance to people's specialization, their possible moral development, their sympathy, and managing their rule as "people" who can change, have complicated choice initiative and have ethical nature. From this perspective, "rule by virtue" is closely related to "rule by man". "Rule by virtue" emphasizes the process of enlightenment, while "rule by man" emphasizes the moralist himself, which is a kind of sage politics. Because Confucianism believes that "personality" has great appeal, on this basis, it has developed into extreme "rule of man" doctrine such as "governing people for politics" and "governing people without law".
second, the rule of law in ancient sense ③
It can be said that legalists' legal thoughts were "new learning" in the Spring and Autumn Period and the Warring States Period. The so-called "new learning" is relative to the "old learning" represented by Confucianism. The difference between "new learning" and "old learning" comes down to the difference between "rule by law" and "rule by courtesy", "rule by virtue" and "rule by man".
Legalists' "rule of law" doctrine has its own characteristics: it advocates interference and opposes laissez-faire; Reject the "rule of man" doctrine and take the "rule of law" doctrine alone; Reject "rule by courtesy" and deny the existence of natural law; Advocate the supremacy of the country, and the interests of social groups and even blood relatives must be subordinate to the national interests of the monarch; Oppose "ruling by the situation". Legalists' thoughts take materialism as the starting point, often pay attention to the environment here and now, and firmly believe that the government is omnipotent, but do not recognize the sanctity of human personality. Its politics advocates strict interference, but interference must be based on objective "material standards". This "material standard" is regarded as a "rule and balance" law, which does not allow the ruler to convict at will. People can be free and equal only within the scope permitted by law. The spiritual essence of "rule of law" is "rule of things", so it is also called "rule of law" as "rule of things". On the one hand, it is an objective, artificial and fixed method to measure all people with objective standards such as rules, trade-offs, measures and sizes; On the other hand, it is to treat people as things. That is to say, people are regarded as things that can be accurately measured by fixed and objective rules, dimensions and other "objects", regardless of people's special initiative.
compared with Confucian "rule by courtesy", legalists' "rule by law" opposes patriarchal hierarchy and hereditary system, demands equality and law-abiding, and advocates the formulation and publication of written laws, which should be separated from the law. Therefore, the main difference between "rule by courtesy" and "rule by law" is not the means of sanctions, but the content of the code of conduct itself. That is to say, the difference between the "different" behavioral norms of nobility, inferiority, seniority and closeness and the unified behavioral norms that break away from the law. Compared with "rule by virtue", "rule by law" despises or completely denies the role of moral education, which is related to the fact that most Confucianism advocates good human nature and Legalists advocate evil human nature.
the legalist's "rule of law" doctrine is first commendable because it grasps the laws of historical evolution, and conforms to the laws of historical evolution to create, and opposes conservatism and fantasy. Its "practical spirit" and "utilitarianism" are all produced from this. However, its defect is that it overlooks the complementary role of "courtesy", "virtue", "man" and "law" in politics. There are two reasons why "rule of law" is short-lived: First, the rule of courtesy and rule of man have long been deeply rooted in the hearts of the people, and * * * is an enemy of "rule of law". Although "rule of law" prevailed for a while, it was finally conquered by the theory of "rule by courtesy". Second, the Legalists put too much emphasis on national interests while ignoring personal interests. Although it can save temporary disadvantages, it cannot ensure the long-term stability of society. This is not only the reason why the thought of "rule of law" was underdeveloped after the Han Dynasty, but also the reason why law and jurisprudence were underdeveloped. (2)
Third, the rule of law in the modern sense
It is worth noting that the meaning of "rule of law" in ancient China is quite different from that we advocate today. In fact, the "rule of law" in the modern sense did not exist in ancient China.
so what is the rule of law? The rule of law originated in western society. In Aristotle's view, the rule of law means that everything is governed by law, and the laws that everyone follows are good laws. This simple generalization simply reflects the basic spirit of the rule of law. However, Aristotle presupposes here that the rule of law should be based on good law. To this end, he established some legislative principles. So, what is a good law? Especially from a modern perspective, what kind of good law do we require? It is not a good law for the law to come out from the monarch; It is not a good law to impose severe punishment on the execution; It's not a good law to punish a doctor or to be polite to Shu Ren. Good law must reflect the public will of all the people in society, reflect the rational will of every member of society, and protect the human rights of every member. It is a public contract signed by every member of the whole society. If people violate it, they will violate their promises, bear the "liability for breach of contract" and be punished. Therefore, the rule of law requires that the law of a society ruled by law itself should be the refinement of the people's consent, not just reflecting the will of one person or some people, otherwise it will not be universally observed; Require the law to protect the rights of every member of society, not just to give some people privileges. The basic spirit of the rule of law is fairness, justice, freedom and rights, and the restriction of power. The rule of law is also the concrete embodiment and guarantee of these basic democratic principles, and the foundation of good law and even the rule of law is democracy. In a word, democracy is the foundation of the rule of law, and the rule of law is the concrete content and form of the democratic system.
democracy, the rule of law and the market are all the first to grow and mature in western society. Since the reform and opening up, China has also introduced and transplanted many western legal systems in its legal system construction. However, the introduction and transplantation of legal system is far from being as simple as the transformation of production mode or the improvement of technology. The effective exertion of the normative and restrictive function of transplanted laws depends on a certain cultural foundation, whether the human resources in the implanted area contain the gene of rule of law, and the compatibility of the vegetation in the implanted area with the spirit of rule of law. The phenomenon of "crossing the Huai River into a bitter orange" also applies to the humanistic world. "The modernization of the rule of law is not a simple process of identification with European and American countries, but also contains different value orientations and mode choices of modernization in each country's respective historical and cultural perspectives, and it must also have a correct positioning and handling of its own traditions." Democracy and the rule of law are the symbols of western culture and the carriers of western values. So, can the spirit of the rule of law in western culture be rooted in the solid soil of Confucian culture in China? Can China's traditional culture with Confucian ethics as its core inherit and transform this western culture ruled by law? We can see that China society lacks the historical tradition of "rule of law", that is, in social order and norms, "rule of law" has never been dominant, which will inevitably bring difficulties to the establishment of "rule of law" social order in contemporary China.
iv. reference and enlightenment
although the rule of law advocated today is almost different from the ancient "rule of law", it is undeniable that there are still many places in ancient legalists that deserve our recognition. More than 2, years ago, they realized that law is an objective and fair criterion to regulate and measure people's behavior, and it is objective. Legalists put forward that "don't be intimate, don't be humble, and break away from the law" is an affirmation of the equal application of law. Legalist thought strongly advocates the authority and binding force of law, emphasizing that people, officials and even the monarch should abide by the law and act according to law. They advocate the publication of written law, which should be clear and concise, with unity and stability, operability and predictability. ① These positive aspects of legalist thought are worth learning and drawing lessons from, which is beneficial to today's rule of law construction.
At the same time, we should see that the legalists' policies of severe punishment and ignorance, and the way to suppress arguments and autocratic kingship are incompatible with democracy and freedom, and they are not the rule of law we want today. Due to the long-term feudal rule and autocratic monarchy, people lack the concept of the rule of law. Today, China advocates the rule of law and the implementation of the rule of law, but "the implementation of the rule of law is not to replace the inherent cultural traditions with articles, but to integrate people's beliefs in law, law and the rule of law into people's blood and into the cultural traditions passed down from generation to generation." It is an important historical task to improve people's legal quality, enhance people's awareness of the rule of law, and instill the concept of freedom and equality. If people's legal consciousness and legal concept are weak and their ideological and political quality is low, even if there are relatively sound and perfect laws and systems, they will not work or even exist in name only because they are not observed. Therefore, "people" is still the key. In the traditional culture of ancient Greece, the supreme authority of law is linked with the moral ideals such as freedom and equality of citizens and constitutional government. "The relationship between law and human nature, and the relationship between law and power are also explained from the" goodness "of the city-state, so that the concept of rule of law has an ideal character that transcends the particularity of law and becomes a higher level. If it is only at the legal level and does not go deep into the moral ideal level, it is impossible to finally establish the concept of rule of law without discussing the value foundation and value root of law. " (2) power is subordinate to the law, and the rule of law is implemented instead of the rule of man, otherwise the country will lose its true essence and characteristics. Cicero has a famous saying: "We are servants of the law so that we can be free." These traditions of westerners tell us that their tradition of "ruling by law" is as old and long as our tradition of "ruling by virtue". China people chose (the choice here is not subjective will) "rule by virtue" as its foundation, and it has influenced it to this day. It is by no means a one-off event to establish the order of "rule by law". Westerners have chosen "rule of law" as their foundation, which has also influenced it to this day. But no matter what it is, it has not left the fundamental value subject of "people". This is actually one of the most important resources left by the Confucian cultural thought of "ruling by virtue". Therefore, improving the literacy of "rule by law" and "rule by virtue" of every China person is the most fundamental task in the current spiritual civilization construction, and it is also the fundamental way for us to achieve the goal of rule by law. Only by taking the essence from the profound cultural soil of Confucianism and Legalism and getting rid of its disadvantages can we guide a broad and smooth road for today's rule of law construction and be truly utilized.
Modern significance of Confucianism
Professor Luo Bobi of Chinese Department of Stockholm University, Sweden
Since China people began to pursue modernization, the position of Confucianism in China culture has undergone great changes. Great changes have taken place in the position of Confucianism in China culture since the Ming and Qing Dynasties.
Everyone should have the opportunity to refer to the resources provided by the Confucian tradition. Chinese and East Asians in particular should have this opportunity. But just like other cultural traditions, Confucian traditions belong to all mankind, so Confucian ideological documents should be translated into various languages as much as possible and provided to everyone.
As a Swede, I must admit that only the Analects of Confucius has been translated into Swedish. This is a blank that my generation of Swedish sinologists should fill. From the very beginning, Confucianism was embodied as a universal world outlook and outlook on life. In today's words, Confucianism in ancient China was understood as the core of human civilization. As a result, at least in China, Confucianism is regarded as an inseparable part of civilization or culture.
Confucianism provides rich resources for modern people. Faced with these resources, modern people have a freedom of choice, they can absorb some components in the resources or discard some components.
But no matter what choice you make, Confucianism belongs to the treasure house of cultural heritage of all mankind. It is an important task for us, as scholars interested in Confucianism, to preserve and explain Confucian literature and enhance people's understanding of it. No matter how you evaluate Confucianism, understanding this extremely colorful tradition will definitely enrich your life.
Confucianism is the core of traditional culture in China, and it is also the theoretical basis for maintaining the autocratic rule of feudal monarchy. Confucianism and autocratic monarchy constitute the two main contents of China's ancient political history.
1. the formation and development of Confucianism (1) Confucius is the founder of Confucianism, and he put forward "benevolence", which has the nature of classical humanitarianism: advocating "rites" and maintaining the rites of the week, which is a conservative part of Confucius' political thought. Confucian culture later developed into China ancient orthodox culture. (2) Mencius was the representative of Confucianism in the Warring States Period, who advocated benevolent government and put forward the idea of "valuing the people and despising the monarch"; Advocating that "politics depends on the people" and opposing tyranny; It advocates giving farmers a certain amount of land, not infringing on farmers' working hours, and lenient punishment and thin taxes. (3) Dong Zhongshu of the Western Han Dynasty established Neo-Confucianism on the basis of Confucianism, with the framework of Yin-Yang and Five Elements, and adopted hundred schools of thought. Its core is "the connection between heaven and man" and "the divine right of monarch". His thoughts focus on Three Strategies of Heaven and Man and Numerous Exposures in the Spring and Autumn Period. (4) Metaphysics, which appeared in the Wei and Jin Dynasties, explained the Confucian Book of Changes with the thought of Lao Zi and Zhuang Zi, which was a negative thought to defend the gentry. Zhouyi, Laozi and Zhuangzi are called "San Xuan". Metaphysics advocates the inaction of the monarch and the dictatorship of the gate valve, and its main activity is in Luoyang. The representatives are He Yan, Wang Bi and the Seven Sages of Bamboo Forest. (5) Han Yu, a master of Confucianism in the mid-Tang Dynasty, used the Confucian theory of destiny and feudal principles to oppose the views of Buddhism and Taoism from the perspective of maintaining feudal rule. (6) Neo-Confucianism, which is based on Confucianism and absorbed Buddhism and Taoism, is the main philosophical thought in the Song Dynasty. Zhu Xi is a master of the development of Neo-Confucianism. He inherited the thoughts of Cheng Hao and Cheng Yi, philosophers of the Northern Song Dynasty, and further improved and developed the neo-Confucianism system of objective idealism, which was later called Cheng Zhu Neo-Confucianism. Its core content is: "reason" is the origin of all things in the universe and is primary; "Qi" is the material that constitutes everything in the universe, and it is secondary. Putting "justice" and "human desire" in opposition, he thought that human desire was the root of all evils, so he proposed "preserving justice and destroying human desire" This is actually defending the feudal hierarchical order. (7) In the middle of the Ming Dynasty, Wang Yangming opposed Zhu Xi's view that mind and reason were two different things, and founded a subjective idealism theory-the theory of mind, which was opposite to Zhu Xi. The evolution of Neo-Confucianism from objective idealism to subjective idealism shows that it has gone to extremes. 2. Progressive thinkers' criticism of traditional Confucianism (1) Deng Mu of Yuan Dynasty: claiming to be an outsider of the three religions, he wrote a book boldly denying the autocratic rule of feudal monarchs, and his non-monarch thought had a certain influence on progressive thinkers in Ming and Qing Dynasties. (2) Ming Dynasty: Li Zhi was a "heretical" progress in the late Ming Dynasty.