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“Using the law of the cultivation network as the rule” and the tradition of Confucian governance in late-century Confucianism
Author: Ren Jing
Source: Author Authorized by the Author Confucian Network Published
Original in “Literature, History and Philosophy” Issue 4, 2017
Time: Confucius was the 2568th year of Dingyou, the fifth day of the seventh month of Dingyou
Jesus August 26, 2017
Abstract:The Confucianism grasped the strong legal characteristics of political and social evolution, and proposed the classical and comprehensive integration of “ruling by law”. The concepts such as “law” and “French” they are familiar with include the political and criminal activities and the French. Law is regarded as a cluster of rules based on the principles of public reality and sentiment based on the experience of civilization evolution, and has derived a set of historical views of law, which shows the traditional fundamental principles of inheritance and benefit from the traditional law. Based on the analysis of gifts and political and criminal activities, Ye Ying and others strengthened the dimension of social theory for the superior Confucian legal tradition of gifts and promoted the reflection on social order and political and criminal governance. Based on the relationship between governance and governance, Confucianism in the late era also changed the new theoretical analysis of political types, acknowledged the objectivity of “ruling by law” and “determined by law”, and emphasized the imperative nature of governance from the dual theme of gift and co-governance, and warned of the bias of “arbitration of law”. This French-style Confucian governance theory, which is based on the law, seeks a good rule of law model, provides us with the main perspective on the rule of law resources of the Chinese legal system, and is not conducive to the myths that have been generated by clearing the rule of law in modern people.
Keywords:Govern the rule of law; refute the law; late Confucianism; govern the way; voluntary law
If the exploration of the rule of law in modern China cannot overcome the relevant resources of the traditional, it is destined to be a lame and difficult journey. After the establishment of the Qin-Han political system, Confucianism, through its strong thinking and inclusion power and the cultivation and supply of the groups in politics, formed a very precious management wisdom through the continuous rule of law experience in the political tradition that was determined by the pre-Qin Confucianism and Law. This is particularly prominent in the late era tradition since the Song Dynasty. This article will focus on the Confucian tradition of governance during this period to explore the value that still exposes us.Be smart first.
1. “Governing with Law” and Confucian Confucian concept of law
The late China, which was launched in the Song Dynasty, showed a highly legalized and regularized governance due to its many modern civilization characteristics, such as the increasingly open and common social structure, the prosperous and prosperous civil society, the expansion of political participation in scholars and officials, the maturity of civil servants, and the detailed deepening of central centralized power. This is a very deep understanding of the scholars and officials in the Song Dynasty.
“Edited by General General of Continuing Governance” Volume 143, Fu Bi, deputy envoy of Lemi, said: “Since ancient times, the emperor’s rule of law has never been ruled by the rule of law. The legal system is established, and then everything is involved, and governance is necessary.” [②] The legislative proposal proposed was adopted by Emperor Renzong of Song. Chen Liang, a Confucian scholar in the Southern Song Dynasty, pointed out that the real politics of the Song Dynasty had a highly legalized characteristic, and said that “this dynasty governed the whole country with Confucianism and Taoism, and adhered to the whole country with rhythm” and “this dynasty established the country with wisp and ink, which was the world of grammar.” It is also said that the monarch “takes people with ink and uses grammar to practice affairs”, while the scholars and officials “take controversy as politics and treats contemporaries as laws”[③]. “Metrics”, “Rhythm”, and “grammatical methods” became the main tricks of establishing and governing the country in the Song Dynasty. The whole society has become a French-style world, “all the country is in the standard of rules” and even “it seems to be in the grammar, and no one can extricate himself” [④]. The French rules represented by “standard standard skeleton” have become the strong skeleton of the cap. He also pointed out: “The Confucians’ arguments today say, ‘The ancients did not rely on the law to support the rule’… Confucians were in line with the past but did not facilitate the present.”[⑤] His friends Ye were suitable for the same kind of combination: “If you use the law as the rule, you can not understand the current opinions in the modern era and know them well.” “And the whole country has been governed for a long time”[⑥]. “Governing with law” has become the “big discussion” (main common sense of the group) and basic fact of the political society of the Song Dynasty. Later Confucianism, which Chen Liang and Ye are suitable for representing, often recognize the necessity of this trend, and based on the Confucianism’s position, seeking a more superior rule of law. This is a distinct difference between people’s habits and the “governance of morality” and “rule of man” in Chinese traditional society, and it also reminds us that there is a need for precise analysis and comparison of traditional politics.
First of all, we should focus on the basic meaning of the above French concept and be clear about what meaning people used this concept at that time. The following comments refer to Fu Bi as an example. He then continued to state:
The Song Dynasty had been in the country for more than 90 years, and Taizu began to reverse the shortcomings of the Five Dynasties and created the legislative style. Taizong defeated the forebears and sacred the new king. Zhenzong inherited the two dynastiesThe foundation of peace and keep the foundation. In recent years, it has been very disorderly and changes in the situation. The two governments have been in charge of it, which is a legitimate example. When it comes to the whole country, they all think it is wrong, but the court is safely adhering to it and does not think about revolution. …The reason is that the law is not established, and the law has come to this point. I am now trying to choose an official to set up a bureau. The true genius of science and technology, the chief executive x fake, can be slapped, and the beautiful male singer will gather allusions of the three dynasties and the words used by the Ministry of Education for a long time, and compile them into a book and place them in two palaces to serve as a model. This is the basis for maintaining the basic principles to save trouble. The emperor answered his words, so he ordered Jing and others to edit them, and Bi Zong led them. [⑦]
From this legislative movement that was finally accepted by Renzong, Fu Bi believed that the so-called “legislative system” in the “legislative system” includes the “reported system”, “French style”, “conspiracy” and “all stories” that appeared in the literature, and constituted the essence of the traditional “governance” and “political system”, which could make “everything matters go through”. In other words, the governance of the law is based on the rule of law, as Shuixin said, “Govern it with law”, which can represent the common understanding between the monarch and minister in the Song Dynasty.
The most exemplary scientific works of the Song Dynasty can also be printed. For example, Cheng Xi’s “Yichuan Yiji” discusses the “Explanation” hexagram: “If you understand the difficulty and peace and stability, you will have nothing to do, and you will have no way to go. Then, when practicing the way of governance, correcting the way, understanding the law, and reversing the rule of the Ming kings of the previous generations, it is to understand the right principles.” The important content of “revising the way of governance” is “correcting the way of governance”. Cheng Yichuan once said, “The way to govern one’s body and to achieve peace in the whole country is the way to govern; the tree establishes governance, divides hundreds of duties, and regulates affairs in a smooth manner. As for establishing systems and establishing rules and exercising the affairs of the whole country, it is the way to govern. The only two ways for sages to govern the whole country is to be strengthened.” The law of governing the way is to govern the way with practical French rules and implement good governance. Tao and law are the two basic points of good governance. As a combination of the classical concepts of Song Dynasty, the a
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