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A major dimension of political Confucianism: Pre-Qin Confucianism’s rule of law thinking
Author: Tu Keguo (Director and Researcher of Civilization Research Institute of Shandong Academy of Social Sciences)
Source: “Contemporary Confucianism” No. 15, Sichuan Civil Affairs Bookstore 2019 edition.
Time: Confucius was in the 2570th year of the seventh month of Jihai Dingchou
� Confucianism’s thinking on the relationship between the rule of law and the rule of law has become three types of situations: the division of the rule of law, the co-governance of the rule of law and the master’s law. Although the Confucianism in the pre-Qin period highlighted the influence of moral governance and tribute governance, it could not deny the effectiveness of punishment and punishment in governing the country. This concentrated on Confucius’ proposal of “super punishment”, Mencius advocated “understanding the political and punishment” and Xunzi’s request for “understanding virtue and prudence”. The Confucian rule of law thinking in the pre-Qin period had a profound impact on later generations. This not only shows that the “Tender Notes” regards “Tender Punishment” as the focus and general of governing the country, proposes the governance of “Tender Punishment cannot be given to common people, and punishment cannot be given to the masters”, “control of five punishments” and “performing four rites”, but also shows that Dong Zhongshu understood the concept of governing the country at the beginning of virtue and punishment at the end of punishment, but also shows that those who ruled the country after the Han Dynasty must pursue the way of governing the country with clear virtue and prudence at a certain level.
The reason why Confucianism is called Confucianism is that it emphasizes moral governance and lights the rule of law, while Legalism has turned over. It emphasizes the rule of law and lights the rule of virtue. This is originally a common sense of Chinese thinking about history. But this is not without any dispute. To understand, whether in the past or tomorrow, there are still people who believe that Xunzi is a Legalist. Little do they know that just by studying the truth of Xunzi, they will agree that Xunzi is based on Confucianism. Although Confucius and Mencius did not really pay much attention to “law” and “rule of law”, Xunzi “respected law with respect to law” and his rule of law thinking was more prosperous and more diverse, but Confucius and Mencius did not completely dispel the rule of law, and Xunzi’s concept of “respected law with respect to law” is also based on the basis of “benevolence” and “morality”.
In the eyes of the writer, as a systematic Confucianism, social Confucianism should inherently include political Confucianism, which means it should focus on broad and social governance. It is precisely based on this consideration that the author has published several articles discussing Confucian moral governance thinking about civilization [1]. This article attempts to explore Confucian rule of law thinking. As a symbolic figure in political Confucianism, although Jian Qing often concludes political Confucianism as the form of Confucianism externalized to the cultural relics and rules system, his political Confucianism also widely involved Confucian political views and laws.Social content such as guidance, marriage, group view, education view and historical view [2] is not systematic and in-depth, but his development has been explained. [3] Those who believe that if social Confucianism wants to have prosperous vitality, they should extend the perspective of thinking to the field of political career, and integrate the moral and legal discussions contained in Confucian political philosophy or political Confucianism. Incubation
Confucian thinking on the rule of law has been conducted incredibly profound research whether it is the legal world or the Confucian world. The representative result of the Confucian world is the “Comprehensive Commentary on Confucian Legal Thought” (revised version) written by Yu Ronggen [4]. Since the 21st century, a serious change in the Confucian rule of law discussion is that many scholars value the thinking of the Chinese rule of law thinking and have achieved more gratifying results. For example, Li Honglei compiled the “China Traditional Governance Research Book” [5], and Korean “Xunzi’s Governance and His Contemporary Value” also originated from From the case perspective, we explored Xunzi’s human politics – governance, the rule of honor and rule of honor and rule of virtue, the use of morality and punishment, the use of virtue and punishment, the use of primitive kings – kings and dominance, and the use of ruling people without governance – both man and law. [6] In terms of the previous research, the author also tried to understand the important characteristics of Xunzi’s thinking on governing the way. [7] There are still many misreading and misunderstandings about Confucian rule of law thinking in existing research results, and many of the understandings have not been divided. Here, the authors try to intercept the rule of law thinking in the pre-Qin Confucianism for discussion, in order to further expand the political dimension of social Confucianism and the rule of law dimension of political Confucianism.
1. Pre-Qin Confucianism’s rule of law thinking
The ancient word “fa” was “联” or “其”, which conveys it as a kind of divine beast in the modern mythology. Its basic meaning is criminal law, laws and rules, and it is extended to standard, method, rules, system, form, facts, imitation, etc. Koreans believe that the “law” in the text of Xunzi has four meanings: one is to imitate, abide by, and imitate; the second is to standardize the system; the third is to regulate the rules and regulations for the system of political state furniture; and the fourth is to promote the decomposition of other words. [8] In modern Chinese literature, “law” presents three meanings: one is criminal law, and law and punishment are common, such as the Yu punishment in the Xia Dynasty, the Tang punishment in the Shang Dynasty, and the Mu Zhu punishment in the Zhou Dynasty. The Prime Minister of Wei Li Kui compiled six chapters of the “Fa Jing” and changed the punishment into law. He saw the law and punishment in one body: “Law is punishment.” “Punishment is constant, law.” The “Salted Tire Review” by Huan Xi of Xihan said: “Law is punishment and punishment, so it is to ban violence and stop traitors.” The two are laws. Laws are often common with laws, and according to historical records, Shang Yang changed laws to laws. Most modern Chinese codes call laws, such as Qin law, Han law, Wei law, Yin law, Sui law, Tang law, Ming law, Qing Dynasty rules, as long as the Song Dynasty was called the criminal sect and the Yuan Dynasty was called the statute. Guan Zhong first used “law” and “law”: “Law” is the official’s rules and regulations.” However, as a combination of words, “law” was not widely used by the public until the end of the Qing Dynasty. The three are the methods of gift. In modern China, “Greetings” are a social norm that has certainly been intrinsic, and sometimes they are connected with “law”. Gifts are law, law is gift, and blessings are violations. For example, Zhou Fu is a certain criminal law article; [9] However, some common and scheming “Greetings” are not “laws”, so “Greetings” are not discriminatory. [10]
The ritualism is the main feature of Confucian politics, and Confucianism also has the characteristics of “the use of rituals and laws”. During the pre-Qin period, the ceremony and the law experienced three stages of unity, separation and unity from the head. If the gifts and law in the three dynasties of Xia, Shang and Zhou dynasties were exactly the same, and the concept of law was more indifferent, and the gifts were beyond law, and law and punishment were derived from the gifts, then the separation and contradiction between Confucianism and Legalism and the rule of law were not simply seen in the early and mid-year wars, and the convergence of the gifts and the rule of law appeared, and in the late wars, the gifts and law appeared in the trend of convergence. [11] Confucianism’s thinking on the relationship between the rule of gift and the rule of law has three conditions:
(I) The division of gift and law
The so-called division of gift and law has three meanings: one is that Confucian regards gift and law as two differentiated qualities and efficacy in governing the country; the other is that Confucianism believes that gift and law have appropriate scope and objects for disagreement management; the third is that Confucianism applies gift and law as two separate models.
As a person, he said, “When the pre-Qin Legalists emphasize the differences in law, Confucius and Mencius do not attach much importance