-
重置
-
语音
-
放大
-
缩小
-
鼠标样式
-
辅助线
-
读屏字幕
-
退出
重置
语音
放大
缩小
鼠标样式
辅助线
读屏字幕
退出
The purpose of meting out
punishment is to eliminate punishment, which is an extension of the Confucian idea
of “rule by virtue.” The Confucian point of view is that education by rites and
music is the main means of state governance, and penalties are only auxiliary.
The aim of governance is to educate the people through these two means,
educating and transforming them so that they adopt virtuous conduct and abide
by the laws, thus bringing great order to all under heaven and making
punishments unnecessary, that is to say, eliminating punishments. It is also
the ideal state attained within the framework of “rule by virtue.” This
represents the dialectical point of view of the unity of means and aims.
The Chinese character fa (法), originally meaning “penalty,” refers to the legal system consisting of laws, decrees, and regulations. In ancient China, both fa and li (礼rite) set standards for individual behavior. In particular, rites rewarded virtue, while laws punished vice. It was generally accepted that while only a sovereign ruler had the right to enact and promulgate laws, everyone, be it a ruler or a subject, had to obey the laws. This point of view reflects the justice and fairness of law. In 536 BC, Zichan (?-522 BC), the chief minister in the State of Zheng, had the legal provisions cast on a bronze ding, a tripodal vessel that symbolized the power of the ducal ruler. Zichan’s action, known as “casting the penal code,” was the very first example of publishing a statute in Chinese history. The Warring States Period witnessed the rise of the Legalists such as Shang Yang (390?-338 BC) and Hanfeizi (280?-233 BC). Fa (法) is also a Buddhist term. In scriptures, it is the Chinese equivalent of the Sanskrit word dharma with three shades of meaning. First, it refers to real being, which is the object of genuine knowledge. Buddhism argues that all things in daily life are produced through the concomitance of causes and conditions. In this sense, what one appears to see or know is unreal in nature. However, one can perceive the dharmas, the indivisible real elements beneath the surface, through mental practices. Indeed, there are more than a hundred types of the elements, such as substance and consciousness. Second, dharma can be defined as the Buddhist teachings. The teachings here not only refer to the words dictated by the Buddha but also what dharma-hearers receive and pursue. This point of view is different from the characteristics of dharma discussed in the Abhidhamma Pitaka (Basket of Advanced Dharma). But they do not contradict each other, because both of them advocate that perception of reality be based on relevant teachings. For Buddhism as a whole, the teachings constitute a significant portion of its knowledge system; for all Buddhists, the teachings pave the way for their personal liberation. Third, dharma denotes the worldly phenomenon, which is clearly distinguishable from the previous meaning. In scriptures, zhufa (all dharmas) and wanfa (tens of thousands of dharmas) represent all worldly phenomena, unreal in nature, in the broadest sense.
Abolishing punishment with punishment is a concrete manifestation of the Legalist school’s “rule by law.” Seemingly the same as the Confucian notion that punishment is meted out for the purpose of eliminating punishment, it is in fact quite different. Confucians esteemed rites, wanting to get rid of punishments by means of virtue, while Legalists valued punishments, applying severe penalties to inflict fear in the hearts of the common people so that they would not dare commit crimes. Thus there would be no need for punishment. From the point of view of achieving the ideal of “great order under heaven,” Legalist “abolition of punishment” is very close to Confucian “elimination of punishment” but lacks the human concern of Confucianism.
Rule by law, as opposed to rule by man, calls for ruling a state and its people by the ruler through enacting and strictly enforcing laws and regulations. It is an important political thought of the Legalist scholars in the pre-Qin period. Rule by law meted out well-defined rewards and punishments, but tended to be excessively severe and rigid in enforcement. From the Han Dynasty all the way to the Qing Dynasty, rule by law and rule by man were exercised by various dynasties, mostly in combination. With the spread of Western thoughts to China in more recent times, the concept of “rule by law” acquired new implications, evolving into one of “rule of law.”
Governance of a state should be guided by virtue. Confucius （551-479 BC） expounded this philosophy – which his followers in later eras promoted – on the basis of the approach advocated by the rulers in the Western Zhou Dynasty that prized high moral values and the virtue of being cautious in meting out punishment. Governance based on virtue stands in contrast to rule by use of harsh punishment as a deterrent. It does not, however, exclude the use of punishment, but rather highlights the decisive role of virtue in governance, and regards moral edification both as the fundamental principle and the essential means for achieving good governance.
Law being a means of loving the people suggests that laws and institutions are for the benefit of the people. It is an important guiding principle of the Legalist school. The profound significance of this is: Changing laws and institutions or establishing new ones must have “loving the people” as its basis and aim. The Legalists are known for advocating harsh laws and severe punishments, in contrast to Confucian “rule by virtue,” but at a deeper level they are not so much at odds with such concepts as “the people being the foundation” and “benevolence.”
中华思想文化术语传播工程 秘书处
电话：010-88819132
邮箱：shuyu@fltrp.com
中华思想文化术语微信公众号
指导单位：教育部语言文字信息管理司 主办单位：国家语言监测与研究网络媒体中心
京公网安备 11010802039713号