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The “Type of Conforming Legal Rules” of Chinese tradition: Ethical Politics
Author: “International Confucianism” 2021 No. 2Preparation Network
Abstract: More than a hundred years ago, Wei Bo proposed three types of “Type of Conforming Legal Rules”: “charming”, “traditional” and “legal Rules”. At the same time, Liang Qichao saw the close relationship between ethics and politics in modern China, which led to the concept and discussion of ethics politics. The three types of “compliant legal and statutory governance types” proposed by Weiber are not suitable for explaining China’s ethical politics. Therefore, if necessary, it is proposed to use ethical politics as the fourth “compliant legal and statutory governance types” and provide for discussion. The first description of the historical origins and principles of the emergence of ethical politics, and then use the pre-Qin Confucianism, especially Confucius, Mencius and Xunzi as an example to describe the five components of Confucian “ethical politics thinking” (the inner sage and external kings, the rule of righteous people (moral governance, virtue and virtue), the focus value “benevolence”, the management goal “everyone is good” and the supreme god “heaven”), and the “tyranny” that “complies with the legal principles” and “complies with the legal principles”. Finally, two questions are raised for discussion in the academic community: First, should ethical politics continue to develop and have some strength? Second, can ethical politics and thinking connect with contemporary politics?
Keywords: Pre-Qin Confucian political thinking; conforming to legal governance type; ethical politics; politics conforming to legality
Author introduction: Du Lun, Department of Politics of Duisburg Essen, Germany and Dongya Research Institute, President of the German Confucian Association, and Director of the International Confucian Union
Introduction
More than 100 years ago, Max Veber proposed three types of “complying with legal governance types” (drei Arten der legitimen Herrschaft: “charismatische Herrschaft” (charismatische Herrschaft) and “legale/rationale Herrschaft). [1] It is interesting to think that with some Chinese scholars’ expectations of modern China as “traditional” [2], Wei Bo regards China’s modern sanitary structure as “charming”. [3]
If it is said that “compliant with the legal and regulatory type” is a imported product from the East, then the concept and theory of “ethical politics” is a discovery of the Chinese people themselves, reflecting the Chinese scholars’ understanding of their own traditional politics and political thinking. It was also more than 100 years ago that Liang Qichao saw the close relationship between ethics and politics in modern China. According to his views, because the clan organization is perfect, the boundaries between the family and the country are unclear, and thus form a political policy closely related to ethics.rule. [4] Liang Shuming directly pointed out that this is a characteristic of China. He believed that China’s politics and ethics or moral principles were closely linked; the two formed a whole. [5] Regarding the relationship between the two, Yang Youjiong, a scholar in the last century, believed that ethics is the driving force of politics. And he also believed that in Confucianism, ethics was the origin of politics, and he used Mencius’s words: “The foundation of the whole country is in the country, and the foundation of the country is at home.” (“Mencius·On the Movement”) [6]
Contemporary Chinese scholars inherited this view and systematically explained it, such as Ren Jian, Yang Gaonan, etc. [7] According to the perspective of the task, it is both a “political form” and a “civilized type”, and its characteristics are the “homogeneity” of ethics and politics: “Balance political problems with ethics standards and pursue ethics rules with political precepts.” [8]
The author believes that “ethical politics” can be regarded as a single “regulation type that complies with the law.” In other words, in addition to Veber’s three “regulatory types that comply with the law”, we can propose the fourth type as an example of political thinking and system differences between China and the West. The important reason is that the three “legal and regulatory types” proposed by Veber are not suitable for modern Chinese political structures, or perhaps none of them are suitable for Confucian fantasy settings of political structures and operations.
In fact, ethical politics and legal politics are not only two different political forms, but also are related to two completely different civilized value systems. There are also disadvantages in “legal politics”. In view of the new development of Chinese society and the requests of “self-management” and “self-debt of value”, we can understand the form of “legal politics”, sort out the differences in their thinking, and build a relatively complete thinking system, and establish a position that conforms to the law, which has the meaning of the times.
Above, as the general political management department, the author first briefly describes the concept of “compliant with the legal normative” and the three “compliant with the legal normative types”, and certifies that “ethical politics” can be used as the fourth “compliant with the legal normative type”.
In this basis, the author takes the pre-Qin Confucius, Mencius and Xunzi as an example, [9] describes the several components of the “ethical and political thinking” of the pre-Qin Confucianism, as well as their principles and legal principles.
In the final “Section”, this report raises two questions and proposes to put forward discussion opinions. The two questions are: 1. Should “ethic politics” continue to develop, and it is incompetent; 2. “ethic politics” can adapt to the development of contemporary society and connect with contemporary politics.
1 What is “compliance with legality”, “properity”
“compliance with legality” and “properity” Although they are two terms, the two are a unified social phenomenon, [10] can be said to be Spanish, like the Chinese translation of English legitimacy.[11] However, in Chinese academic papers and writings, most Chinese students say “comply with the law”, while Hong Kong Taiwanese students say “righteousness” or “political justice”. [12]
It should be pointed out here that, like many Spanish, there is also the concept of legality in English. There is a difference between the two, and Chinese students also have common understandings. For example, legality is translated into “compliant with legality” [13] or “legality” [14]. According to Yu Keping’s view, legality is “law conforming to legality”, and legitimacy is “political law conforming to legality. [15] The problem is that in daily life, Chinese people say “law conforming to legality”, or legality. For example, “law conforming to legal rights.”
In fact, in the East, whether from the perspective of word source or from the development of Eastern history, legitimacy and lega<a The concepts of "compliant with the law" have a close connection. German scholar Würtenberger said that the descriptive words "compliant with the law" in ancient Latin means "compliant with the law". [16] French scholar Mack Quark also said that the concept of "compliant with the law" that appeared in the medieval period "standard with the law". [17] But he also admitted that "by thinking about the proof of whether the grant of power can be consistent with the right, the political characteristics of conforming to the concept of legality have been strengthened." [18] In fact, by Max Weber and Carl Schmitt [19], German "Legitimität" and "Legalität" had formed a divergent concept. Wei Boda inherited the tradition of the law, developed from people's actual social behavior and its meaning orientation, and created an empirical discussion that governs in accordance with the law, discussing the problem of social members' "for what infers from the rule." In line with this, Wei Bo defines the legal normative definition as "conforming to legal normative worship." [20]
Compared with this, modern China has no concept similar to legitimacy and legality. However, because “the compliance of the legality of the rule” is one of the broad social phenomena and even the focus of politics, we cannot say that modern China does not discuss what I say “compliance of the legality of the rule of the rule” problem. In fact, modern China discussed the problem of “compliance with legal principles in politico-rules” earlier than in Europe, and had some remarkable “compliance with legal principles” [21] and concepts[twenty two].
Although “politics conform to legality” is a widespread phenomenon, the content
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