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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.”
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.
This term means to love and care for the common people. This is not only a sentiment which those who govern should have for the common people, but also an important principle which must be adhered to in governance. The ancient Chinese believed that those who govern should use specific policies and measures to benefit the people and enable them to live and work peacefully, free from sufferings and unwarranted infringements. This is the precondition or basis for those who govern to win the respect of the people. "Loving the people" was not only an important political concept - it also extended to the military sphere and became an important principle when raising armies to make war. According to this principle, the people of both one's own side and that of the enemy should receive caring love. This is a manifestation of the Chinese thinking "people first" and "benevolence and righteousness."
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.”
This term refers to the evaluative judgment or view of the people in a country or region, on an issue, phenomenon or incident which touches on their common interest and which has broad societal meaning. Ancient Chinese often took the “mandate of heaven” to be the basis and highest concept for the legitimacy of political authority and for policymaking, but in fact they often regarded the “will of the people” to be the principal source, content, and manifestation of the “mandate of heaven.” They also considered it to be the fundamental principle of a country’s governance, and thought that having or losing the will of the people determined the rise or fall of a country and political power as well as the development of state affairs. It is the core of the Chinese concept of the people as the foundation of the state. All enlightened Chinese statesmen past and present have regarded the “will of the people” to be the most important factor in governance.
A state which takes good care of its people is one with true power. A ruler will be trusted and supported by the people, and the state under such a ruler will be a solid stronghold only when the policies and measures made and implemented meet the people’s requirements and represent the people’s fundamental interests. This is a new theme derived from the concept of “loving the people,” which is the fundamental driving force of a state’s becoming strong and prosperous. It is also an extension and development of the concepts of “the people are the foundation of a state,” and “a benevolent person loves others.”
If one can make the people live in peace and happiness, he can unify all the land. In ancient China, a "king" (wang 王) was not just the one who held the highest power. Rather, he was a man who clearly understood the fundamental principle of maintaining harmony with heaven and earth as well as other humans and enjoyed popular support. To "protect the people" is to love and care for them, ensuring that they obtain the means of survival, receive education and live and work in peace. To "protect the people" is the primary function of the state or government, a prerequisite for winning the people’s hearts and minds; it is also the source of legitimate power. It gives concrete expression to the vision of "putting the people first" and "benevolent governance."
This term means that the people are the essence of the state or the foundation upon which it stands. Only when people live and work in peace and contentment can the state be peaceful and stable. This saying, which first appeared in the “Old Text” version of The Book of History as an instruction by Yu the Great, can be traced to Mencius’ (372?-289 BC) statement: “The essence of a state is the people, next come the god of land and the god of grain (which stand for state power), and the last the ruler,” and Xunzi’s (313?-238 BC) statement, “Just as water can float a boat, so can water overturn it.” This idea gave rise to the “people first” thought advocated by Confucianism.
The notion of the people’s will being the foundation, or the “roots,” of government comes from a dialogue between a king of the Shang Dynasty and Houfu (in a text found on bamboo slips of the Warring States Period). Houfu said to the king, “The people’s will is like the roots of a tree: they support the leaves.” By that he meant that public support was the foundation of the state, and without it the state or political power would perish. The ancients believed that a government was legitimate so long as it “followed the mandate of heaven and complied with the wishes of the people.” people’s wishes were a prerequisite of heaven’s will, and only if the state complied with the people’s wishes, would it enjoy lasting stability. This notion is identical to the concept that "people are the foundation of the state".
Water can carry a boat, but can also overturn it. Here, water is compared to the people, while the boat is compared to the ruler. The phrase, “carry or overturn the boat,” reveals the importance of popular support: people are the critical force that decides the future of a regime and a country. This is consistent with such political doctrines as “the people are the foundation of the state,” and “follow the mandate of heaven and comply with the wishes of the people.” Since ancient times, this term has served as a warning to the ruler, reminding him of the need to respect local conditions and popular will, to govern the country for the people, and to anticipate dangers in times of security.
Laws should be respected by the sovereign ruler and people equally. This means that once a law is promulgated, everyone, regardless of status or wealth, has to abide by it; even the supreme ruler of the state cannot make changes at will. This notion can be seen as an extension of the ancient Legalist idea that “the law does not favor the rich and powerful.” It emphasizes not just the inflexibility and equality of the law; the law supersedes power and politics.
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