Yu Zhong: Guo Xiang's legal conception

Shengzhi: Guo Xiang's legal conception

Author: Yu Zhong, Professor, School of Law, China University of Political Science and Law. Source: Originally published in the Journal of Pipe Science, No. 2, 2022. Transferred from the frontiers of legal scholarship.

Abstract: If the theme of contemporary Chinese jurisprudence is summarized as governing the country according to law or the rule of law, then the core proposition of Guo Xiang jurisprudence can be distilled into the rule of saints, that is, the rule of saints. To understand Guo Xiang's legal conception of the holy rule, we can use the space-time coordinates formed by the combination of the two dimensions of "East and West" and "ancient and modern". From the perspective of space or the axis of "East and West", Guo Xiang's shengzhi proposition presents a prominent liberal orientation and full of world significance, which can be reflected with the modern liberalism and its jurisprudence in the West. From the perspective of time or the axis of "ancient and modern", Guo Xiang's proposition of holy rule has a strong people-oriented orientation and abundant contemporary significance, which can echo the rule of law of people's livelihood, the politics of the people's hearts, the free personality or the free and comprehensive development of each person in contemporary China. It can be seen that although Guo Xiang was a classical Chinese philosopher of the Wei and Jin dynasties, his proposition of holy rule has obvious world significance and contemporary significance. In the history of Chinese jurisprudence, Guo Xiang's jurisprudence conception with Shengzhi as the core has the potential to advance with the times, contains a broad space for growth, and its rich connotation can represent the completed form of Chinese jurisprudence in the Wei and Jin dynasties.

Keywords: Guo Xiang; Metaphysics; Jurisprudence; Freedom; People's Foundation; Sacred Rule

Regarding the metaphysics of Wei and Jin, Luo Siguang believes: "Although there are other figures in the Xuan tan of the Mingli school, as far as theory is concerned, the works of Wang Bi and Guo Xiang are sufficiently represented. In Feng Youlan's view, "Guo Xiang's "Notes on Zhuangzi" is a masterpiece of metaphysics, and he is the greatest metaphysician." The "Jin Shu Yu Shu Biography" states: "Yuzhou Pastor Shi Henan Guo Xiangshan", "Lao" and "Zhuang", when people thought that Wang Bi was the ya. These comments, which span vast time and space, remind us that in the Wei and Jin dynasties, if we want to talk about ideological contribution, then Guo Xiang (252-312) is one of the two major towns that can be called one of the two major towns that can be called wang bi (226-249). Wang Bi first annotated Lao Tzu, Guo Xiang later annotated Zhuangzi, and "Guo Xiang's annotation of Zhuang Zhuang's text has a parallel status with Wang Bi's annotation of Lao's text, and both belong to the important literature of the mingli branch in metaphysics." Looking further, Wang Bi's short life belonged to Wei, and Guo Xiang entered the Jin Dynasty from the age of thirteen. From this point of view, if the so-called Wei and Jin metaphysics can be viewed separately, then the metaphysics of Wei can be represented by Wang Bi, and the metaphysics of Jin may as well be represented by Guo Xiang. This pattern of thought shows that if we want to comprehensively grasp the jurisprudence of the Wei and Jin dynasties in the evolution of Chinese jurisprudence, we must pay attention to Wang Bi's jurisprudence and we cannot ignore Guo Xiang's jurisprudence.

Guo Xiang's thought and jurisprudence are mainly found in his Zhuangzi Notes, which have survived to this day. Regarding the "copyright" of this work, there have been many disputes for a long time, and there is still no rest. According to the "Biography of Guo Xiang in the Book of Jin": "First of all, dozens of people annotated "Zhuangzi", and they could not investigate its purpose. Xiang Xiu is outside the old note and is interpreted, the wonderful performance is strange, the great Chang Xuanfeng, but the two parts of "Autumn Water" and "Zhile" are unfinished and show pawns. Xiuzi is young, and his righteousness is scattered, but it is quite different from the original flow. It is like being thin as a man, and he does not pass on his righteousness to the world, so he steals his own notes, but he notes two parts of "Autumn Water" and "Zhile", and one article of Yi "Horseshoe", and the rest of the articles or point out the sentences. Later, Xiuyi was not born, so now there are Xiang and Guo Er's "Zhuang", and its righteousness is also. According to the records here, most of Guo Xiang's "Zhuangzi Notes" "stole" the self-directional "Zhuangzi Notes"; only the notes on "Autumn Water", "Zhile", and "Horseshoe" can be attributed to Guo Xiang's creation.

However, the "Jin Shu Xiang Xiu Biography" has another saying: "Xiang Xiu Zi Zi period, Hanoi Huai Ren also." Qing Wu has far-sightedness, little is known to Shantao, and is good for the learning of lao Zhuang. Zhuang Zhou has written dozens of articles inside and outside, although the talents of the past have been observers, Mo Shi has discussed its purpose, Xiu Nai has hidden understanding, invented curiosity, and aroused the Xuan wind, and those who read it have transcendent minds and realized that they are self-sufficient for a while. In the life of Emperor Hui, Guo Xiang also recounted and widely, the traces of Confucian ink were despised, and the words of the Taoists were flourished. According to this, Guo Xiang's "Zhuangzi Notes" are "expounded and extensive" on the basis of Xiang Xiu's "Zhuangzi Notes", that is, about the further development of Xiang Xiu's "Zhuangzi Notes", in other words, Guo Xiang did not "steal" the "Zhuangzi Notes" of the orientation show. What do you think of these two different statements? Based on the general laws of the development of academic theory, we can infer that Guo Xiang's "Zhuangzi Notes" are likely to refer to, borrow from, and absorb Xiang Xiu's "Zhuangzi Notes" (and other predecessors' "Zhuangzi Notes"), but also reflect Guo Xiang's own trade-offs, integration, synthesis, and innovation. Therefore, there is no problem that the existing Guo Xiang's "Zhuangzi Notes" can represent Guo Xiang's thought.

So, how to grasp Guo Xiang's jurisprudence according to Guo Xiang's "Zhuangzi Notes"? In particular, what is Guo Xiang's contribution to the history of Chinese jurisprudence? Looking back at the literature on Guo Xiang over the past few decades, we can see a slightly surprising feature: many scholars like to compare Guo Xiang with thinkers in ancient and modern China and the West. It goes without saying that Guo Xiang is compared to ancient Chinese thinkers such as Zhuangzi. Just looking at Guo Xiang's relationship with Western thinkers, there are many ways of association. For example, some scholars compare the "existential theory" of the ancient Greek philosopher Parmenides with Guo Xiang's "unique theory", some scholars compare Kant's view of freedom with Guo Xiang's view of freedom, some scholars compare Wittgenstein's related theory with Guo Xiang's "theory of independence", and some scholars compare Heidegger's ontology with Guo Xiang's ontology. Comparative studies such as these have shown that Guo Xiang's thoughts and the ideas of Parmenides, Kant, Wittgenstein, and Heidegger have similarities, and they can achieve the effect of mutual reflection and mutual prominence in mutual comparison. In addition, there are also scholars who study Guo Xiang's "theory of independence" from the perspective of phenomenology. That is to say, Guo Xiang's thought can also be elucidated in the phenomenological genealogy of thought, and phenomenology is also a coordinate for observing Guo Xiang's thought.

These existing research results and their characteristics show that Guo Xiang was not only a classical Chinese philosopher who lived in the Wei and Jin dynasties, but also had a considerable cosmopolitan and modern nature. Guo Xiang and his thoughts are almost a spectroscope, which can reflect the twists and turns of various ideas in ancient and modern China and abroad. In this context, we find that if we want to comprehensively sketch the legal portrait of Guo Xiang, we may wish to use the spatial and temporal coordinates represented by China, the West and the ancient and modern. Examining guo xiang's jurisprudence on the coordinate axis of China, the West or space can clarify the world significance of Guo Xiang jurisprudence; examining Guo Xiang's jurisprudence on the coordinate axis of ancient and modern times or time can clarify the contemporary significance of Guo Xiang jurisprudence. Combining these two aspects, the space-time orientation of Guo Xiang Jurisprudence can obtain a three-dimensional interpretation.

Of course, before placing Guo Xiang Jurisprudence in a space-time coordinate system built from China and the West and ancient and modern times, we need to answer first: What is the core proposition of Guo Xiang Jurisprudence? Or rather, what is Guo Xiang's legal conception? Answering such a question can serve as a starting point for us to depict Guo Xiang's jurisprudence in the space-time coordinate system.

I. Shengzhi: The core proposition of Guo Xiang Jurisprudence

In order to grasp the core proposition of Guo Xiang jurisprudence in the academic context of contemporary China, it is necessary to refer to contemporary Chinese jurisprudence. If we summarize the core proposition of contemporary Chinese jurisprudence as "governing the country according to law", according to the same rationale, the core proposition of Guo Xiang jurisprudence can be summarized as "the rule of the saints" or "the rule of the holy kings". Compared with the contemporary popular "rule of law", Guo Xiang's expectation of "saint rule" or "holy king rule" can also be called "saint rule" or "holy king rule". Compared with the contemporary popular "rule of law", Guo Xiang's expectation of "the rule of the saints" or "the rule of the holy king" can also be referred to as "holy rule". From this point of view, the core proposition of Guo Xiang Jurisprudence can be further summarized as holy rule. So, why the Holy Rule? What are the constituent elements of the Holy Rule? Why is shengzhi the core proposition of Guo Xiang jurisprudence? Such interrelated issues can be described in a number of ways.

(1) The legitimacy of holy rule

Ruling the country according to law or the rule of law in contemporary China mainly refers to the use of law to achieve governance of the country. In contrast, Guo Xiang's advocacy of the rule of the saints or the rule of the saints relies on the saints to achieve the governance of the country and the world. In the contemporary rule of law proposition, law is the basis for realizing national governance; in Guo Xiang's proposition of holy governance, saints are not only the basis for realizing national governance and world governance, but also the main body for realizing national governance and world governance. That is to say, the saints in the proposition of holy rule have normative significance on the one hand: the saints take the lead in setting an example, he sets an example for the behavior of the people under the world, as long as the people of the world follow the saints, they can form an ideal civilized order. On the other hand, the saint in the proposition of holy rule is still the engine of the civilization order that can be constructed and perfected, and it is the saint who is pulling the people under the whole world to achieve the great rule of the world. For such a mechanism, the Shang Shu Yao Dian has a narrative at the beginning: "Yue Ruo Ji Gu, Emperor Yao Yue Fangxun, Qin Ming Wen Si An An, Yun Gong Ke Rang." The light is covered by four tables, up and down. Keming Junde, to pro-Nine Tribes. The nine tribes are harmonious and peaceful. The people are clear, and the harmony is all nations. Li Min is in a change of time. According to this record, Yao, as a saint, continuously emitted the light of virtue, first illuminating the "Nine Tribes" around him, then extending to the "people" outside the "Nine Tribes", and finally extending to the "Ten Nations" outside the "People". The original civilizational order of China was constructed in this way.

The principle of civilized order described at the beginning of the Shang Shu Yao Dian was recognized by Guo Xiang. In fact, Guo Xiang's exposition of the proposition of shengzhi is a restatement and exposition of this principle. In Guo Xiang's view, in order to achieve effective governance of the country and the world, to build an ideal civilized order, and to achieve the transformation from chaos to governance, we must rely on saints. In Guo Xiang's Zhuangzi Notes, Yao is the most typical sage, as Mou Zongsan said: "In Guo Xiang's Zhuang Notes, who represents the harmony of the traces?" It's Yao. Yao represents The Yuanjiao and is the model of the highest personality, the sage; Xu You, Wu Guang, and so on do not represent the highest realm. Generally reading "The Getaway" believes that Zhuangzi intends to exalt Xu You, but in fact, Xu Yu is not good, he can only be regarded as Hinayana and is partial to the form, only to the side of meditation; Yao can represent the realm of Yuanjiao. The "realm of the Yuanjiao" that Mou Zongsan refers to here is the realm of the consummation of the saints.

In contemporary China, the rule of law theory that we are familiar with is to improve the national governance system on the track of the rule of law and realize the modernization of national governance capabilities. Correspondingly, in the Wei and Jin dynasties, Guo Xiang expected the way of state governance, which was represented and implemented by saints like Yao. A top-level saint (such as Yao), because his inner saint, that is, his inner spiritual cultivation, has reached a very high realm, and he will act as an emperor, govern the country, and cast the world, which is the most anticipated holy rule. Therefore, logically speaking, the legitimacy of holy rule is tied to the legitimacy of the saints. As long as the legitimacy of the saints is recognized, the rule of the saints is also the legitimacy of the holy rule, it is self-evident.

From the Taoist standpoint, saints and holy rule have no legitimacy. For example, the nineteenth chapter of Lao Tzu says: "The absolute saint abandons wisdom, and the people benefit a hundred times; the absolute benevolence abandons righteousness, and the people restore filial piety; the absolutely clever renounces profit, and the thief has nothing." That is to say, only by rejecting the saints can we achieve great rule over the world. This view of "absolutely holy abandoning wisdom" is reiterated in the "Zhuangzi Shuzhen" chapter: "Therefore the absolute saint abandons knowledge, and the great thief stops; the jade destroys the pearl, and the little thief cannot afford it; the seal is burned and broken, and the people are simple; the people are indisputable; the sacred law that destroys the world is destroyed, and the people can always discuss it." From this point of view, as the most representative Taoist literature, Lao Tzu and Zhuangzi's views on the treatment of saints, holy laws, and holy rule are basically the same, and they are both rejection and rejection.

However, Guo Xiang does not agree with this view, which is found in Lao Tzu and Zhuangzi. For example, in response to the phrase "The Rule of the Ming King: The Merits Cover the World and Seem Not to Be Yourself, And Lend All Things and the People", Guo Xiang commented: "If there is no Ming King in the world, there is no way to be self-sufficient." Now he is self-sufficient, and the merits of the king are also realized. However, the merit is to return to the world without doing anything, and the whole world has to take on its own responsibility, so it seems that it is not the work of the Ming King. The Fuming King is all physical, so everyone is clouded 'I am self', and I don't know how to rely on the Ming King. This sentence means that if the world forms a spontaneous civilization order and reaches an ideal state of governance, on the surface, this is a natural formation, but, fundamentally, this is the result of the "Ming King" ruling the world. The so-called "Ming King" is the Holy King of the "Inner Saint and Outer King". If a saint fulfills his duty to govern the country and the world, the saint becomes a foreign king, that is, a holy king or a Ming king. Without the "Ming King" who is from the inner saint to the outer king, it is impossible to effectively govern the world. This is the basis for the legitimacy of saints and kings, and of course for the legitimacy of holy rule.

(2) The constituent elements of holy rule

From the perspective of the implementation process and operation logic, as a state governance method corresponding to the rule of law in contemporary China, its composition is inseparable from several elements. Among them, two elements are particularly important and indispensable.

The first constituent element of holy rule can be called the subject element or the material element, that is, there must be saints first. If there are no saints, there can be no rule of saints, that is, holy rule. So, how did saints like Yao come about? Guo Xiang's answer was that a saint like Yao was born and formed naturally. A saint is by no means deliberately cultivated by others, nor is it impossible for someone to have the ambition to become a saint and then become a saint through his own efforts. Plato's imagined "philosophical king" can be cultivated, but Guo Xiang's imaginary saint or saint king cannot be cultivated.

Regarding the mechanism of the generation of saints, Guo Xiang told us in response to the phrase "it is the transformation of all things, the place where Yu Shun is, the end of the actions of Fu Xi, and the one who is scattered", telling us: "Words and things are not noble, and there is no one who can't help but know, hear and see to himself." The so-called knower of the old world, do you want to know and know? The so-called seeer, is it possible to see for the sake of seeing? If the husband knows that he can be obtained for what he wants, then he who desires to be virtuous can be virtuous, and he who is holy can be holy? Not bad! And the world does not know the self-knowledge, because the desire is to know to know; the self-seeing that does not see, because the desire is to see and see; the self-birth that does not know will be born with life. Therefore, when he saw the eyes and sought to leave Zhu Zhiming, when he saw the ears, he blamed the teacher Kuang Zhicong, so the mind galloped inside, the eyes and ears were exhausted outside, and the body was uncomfortable and did not meditate with things. Those who are not meditative but can conform to the changes in the world and should be in accordance with the festivals of the world, there are not yet. ”

That is to say, a man does not become wise because he wants to be wise, and in the end he becomes a wise man. In the same way, a sage, a saint, is not because he wants to be a sage, a saint, and in the end he becomes a sage, a saint. If a person hopes that his eyesight can catch up with Zhu, or that his hearing can catch up with the teacher, even if he has such a wish, it is impossible to achieve. In the same way, it is impossible for a person to become a saint like Yao. Saints like Yao are naturally formed. Moreover, only those who have no intention of becoming saints can become saints and should become saints, as Guo Xiang said in the inscription on the "Ying Emperor": "Those who have no heart and allow themselves to be self-made should be emperors." ”

The second constituent element of holy rule can be called the spiritual element or psychological element, that is, the saint should govern the country and the world with a mindless mental state or psychological state. As mentioned earlier, only the mindless can become a saint, and in the same way, the mindlessness is also the mental state or psychological state of the saint's rule. Therefore, from the point of view of the element of mindlessness, holy rule can also be understood as the rule of the saint's mindlessness. In the entire book of Zhuangzi's Notes, Guo Xiang repeatedly recounts the decisive role of "no heart" in the holy rule. For example, in the "Great Master" chapter, there is a phrase "those who are outside the other way, and those who are inside the Qiu You fang are also", and Guo Xiang notes: "Fu Li has the extreme, the outer and inner phases are meditated, there is no extreme tour outside and not meditated on the inside, and there is no one who can meditate inside and not swim outside." Therefore, the saints often travel outside to meditate, and have no intention of being obedient. Therefore, although he sees the form all day long, his spirit remains unchanged, and he is indifferent and calm. This sentence epitomizes the spiritual elements of holy rule, such as: "travel outside to meditate inside", "no mind to be obedient", and saints to implement holy rule with a mental state of "no heart".

There are many similar statements. For example, in the "Deliberate" section, there is a paragraph that reads, "The life of a saint is also heavenly", and Guo Xiang notes: "Let nature move." Nothing to do with it. There is no heart to move, and the yin and yang are also put into it. Nothing to sing either. It will be moving. Let it rise, I have no choice but to do so. Nature is natural, and it doesn't matter what it is. Disasters are born against the heavens. Relegation is generated in reverses. Whoever is with others, the multitude will be the one who is at peace. The same as self-sufficiency, so there is no responsibility. There is no shame in it. It makes sense. It should be taken for granted. With the self-light of the world, not my glory. With the self-confidence of the world, not my expectations also. Nothing. Desire is exhaustion. It is the virtue of harmony with heaven and earth. The saints should "move quietly and without heart" and achieve the governance of the world with "idyllic virtues."

For example, in response to the phrase "virtue and decline, and Tang Yu began to be the world, the flow of rejuvenation" in the "Nature" chapter, Guo Xiang noted: "The saint has no heart, and the world is self-made." It is not holy. How can the holy one make the world holy? The traces of the emperor and the king have changed with the world, and the way of the saints has not yet begun and is not complete. That is to say, in the process of governing the world, the saints should uphold the principle of "no heart" and allow a good civilized order to form naturally.

There is also the phrase "Man also, zhi de ye, will be one of all things on the side, the world is chaotic" in the "Getaway" section, Guo Xiang noted: "The heart of the saint, the extreme two instruments, will be poor in the wonderful number of all things, so it can be integrated and changed, and there is no way to go; the side of all things, nothing is not." The world is in chaos, so please me, I have no heart. I have no heart, and what should I not be in the world! However, those who are mysterious and wonderful, so they will understand the nature of all things and cultivate the world to become the name of Yao Shun, often take it as an ear, and think hard about the shortcomings and disadvantages, and do things as things, and then they can care? According to this description, the "heart of a saint" should always remain "heartless." However, it is precisely this "heartless" mental state that gives the saint a magical ability to govern the country: he can "merge and change", "understand all things", and "cast the world". From this point of view, "no mind" as the spiritual element of the holy rule shows that the saints in the holy rule do not need to "think hard", and the goal of "rule" can be achieved.

The word "nothingness" implies that "nothingness" is "nothingness," and thus the sage's "mindlessness" can also be expressed as "emptiness." For example, in the "Human World", there is "those who force the words of benevolence and righteousness to rape the people before them." It is because people are evil and have their beauty", Guo Xiang's note said: "It is the reason that people do not serve the world, but are humble to respond to things." Honesty is in heaven and earth, not to fight for all things, and then all things are returned, and heaven and earth are not reversed. Therefore, the sound of virtue is pronounced and the world rings, and the scenery is prominent and the six are compatible, and then it can be through the cold and heat, involved in chaos, and not with the reverse scales. The "humble mind to respond to things" here is "no intention to respond to things." Since "no mind" or "open mind" is the spiritual element that constitutes the holy rule, then, conversely, the main harm to the holy rule is "having a heart.". A person with a "heart" can neither become a saint nor achieve holy rule. Therefore, in response to the passage "Gentlemen cannot be distracted from their hearts" in the "Heaven and Earth" chapter, Guo Xiang noted: "If there is a heart, it is tired of nature, so it should be removed." "Having a heart" is a nuisance to both nature and holy healing, and must therefore be removed.

(3) Holy rule as a legal conception

In Guo Xiang's legal conception, the holy rule occupies a pivotal position, which is enough to represent Guo Xiang's legal vision, the main reason is that any political community from chaos to rule is inseparable from the rule of the holy king. For example, in response to the phrase "the subject of the matter of the king, the righteousness, the unsuitable and not the junye, and there is no escape between heaven and earth" in the "Human World", Guo Xiang noted: "A thousand people gathered not to be dominated by one person, and if they are not chaotic, they are scattered." Therefore, many sages cannot be more kings, and no virtuous people cannot be without kings. This way of heaven and man will be the best. Guo Xiang's words here, "No, no, no saints," means "no holy rule." Fundamentally, the saint is the proper state of the monarch, and the monarch is the actual state of the saint. An ideal monarch should be a saint or a saint king, and the institutionalized expression of a saint or a saint king is a monarch. Therefore, the holy rule is the rule of the holy king.

The rule of the Holy King is the rule of the Holy King, and this is the way of the Inner Saint and the Outer King. Such a legal vision, in the opening chapter of guo Xiang's "Preface to the True Scriptures of South China" composed for the "Notes on Zhuangzi", there is a straightforward explanation: "The husband zhuangzi can be said to know the essence, so he has not hidden his wild words." Although there is no way to speak, so does the one who responds. If the husband should not be able to do it, it should be useless; if it is not a thing, it will not be high. Those who are still and unmoving with their husbands, who have no choice but to rise up, are inherently interdependent, and Si can be said to be those who know no heart. If the husband does nothing, he will respond with his feelings, and he should follow the time and be careful in his words. Therefore, with the incarnation, flowing through the ages and meditating things, have you ever set up a one-sided and wandering outside! This is why it is the crown of a hundred families without incident. Although Zhuang Sheng did not understand it, his words were complete. The unity of heaven and earth, the nature of all things, the change of death and life, and the way of the bright inner saint and the outer king, the upper knowledge of creation is nothing, and the lower knowledge of the self-creation of things. ”

This passage epitomizes Guo Xiang's expectations for the "Inner Saint and Outer King": although Zhuangzi "knows the original", his words are "wild words", that is, "useless" or "unsophisticated", so they can only be used as the "crown of a hundred families". The "Hundred Schools" here are relative to Confucianism, especially Confucius. Since the time of Emperor Wu of the Han Dynasty, Confucius and the Confucian Five Classics no longer belong to the Hundred Schools, and Confucius and the Confucian Five Classics are beyond the Hundred Sons and Hundreds of Families. Even in Guo Xiang's time, this was a basic consensus of thought. As Tang Yongtong said: "Since the Han Dynasty, Confucianism has been exclusive, and although the style of study has changed at any time, basic education has always been centered on canon, and its ideal personality has also been specially promoted by Confucianism. In the Three Kingdoms and the beginning of the Jin Dynasty, education lies in the family, and the etiquette of the family has not fallen. Therefore, the famous scholars originally studied the Confucian classics and still regarded Confucius as a saint. In metaphysics, Confucianism is not only not abandoned, but also has many works. Wang, He Zhi in "Zhou Yi" and "Analects", Xiang Xiu's "Yi", Guo Xiang's "Analects", and the famous works of contemporary times. Although his spirit was very different from that of sinology, he was rarely slandered in the Confucian classics (Ruan Sizong was not Yao Shun, Bo Tang Wu, and Gai was agitated for a while). In such an ideological background, we can understand that Guo Xiang has more ideological identification with Confucius and Confucianism.

Guo Xiang positioned Zhuangzi with "zhiben", which is of course an affirmative evaluation. But at the same time, it is also an evaluation that implies negation in affirmation. Because the original and the end correspond to each other, the potential meaning of evaluating Zhuangzi with "knowing the book" is: although Zhuangzi "knows the book", he does not "know the end"; although he "knows the body", he does not "know the use". This is the fundamental reason why Zhuangzi is inferior to Confucius, and it is also the fundamental reason why Zhuangzi is inferior to the Confucian sages. Zhuangzi only stops at "knowing the original", but the Confucian sages both "know the original" and "know the end". For example, in response to the "Mountain of Defiance Shooting" in the "Getaway", there are gods and men who live in it. The skin is like ice and snow, and it is like a virgin", Guo Xiang noted: "Although the saint is above the temple, his heart is no different from that of the mountains and forests. Seeing him wear a yellow house and a jade seal, it is said that it is enough to touch his heart; when he sees his mountains and rivers, and the same people, it is said that he is enough to haggard his gods, and he knows that he who has reached the end is not indebted! This is the Confucian sage that Guo Xiang expected, they "wore the yellow house and pei yuxi", they performed the duties of the holy king above the temple, they "knew the end" and "knew the use", and they did the work of the "foreign king". However, their starting point is the "inner saint", and their hearts are always in the mountains and forests, which is the concrete embodiment of their "knowledge" and "knowledge".

Therefore, the saints are both the end of the book, "zhi ben" means "inner saint", "zhi mo" means "outer king", and "zhi mo" is to perform the duties of the monarch. From this point of view, "inner saint and outer king" can also be interpreted as "both the end and the end". Looking at the phrase "skill and deeds" in the "Heaven and Earth" chapter, Guo Xiang's annotation is: "The combination of the end of the husband and the end, the embrace of the arm." Therefore, the whole body and the hundred festivals are suitable, and the heavenly path is smooth and the end is smooth. "Combining the end of the world and the end of the world is actually the connection between the inner saint and the outer king." Look at the "Horseshoe" chapter in the "five colors are not chaotic, which is the literary style!" Five voices are not chaotic, and the six laws should be ruled", Guo Xiang's note: "All these things become simple and hua, abandon the original and revere the end, and there is a cripple in its heavens." Although the world is precious, it is not expensive. This is what we call "abandoning the original and revering the end", which obviously refers to a deviation from the requirement of combining the end with the end, which not only deviates from the "way of the inner saint and the outer king", but also, of course, it is also a deviation from the "holy rule".

Although Zhuangzi in Guo Xiang's eyes is a representative figure of Taoism, he "knows the original" but does not "know the end", after all, he cannot act as a saint who "pottery casts the world". In contrast, only Confucian sages like Yao, who both "know the original" and "know the end", can pay equal attention to the end, can effectively settle the world, and effectively construct a civilized order. Therefore, only a saint like Yao and the holy rule he represents are sufficient to represent the way of the inner saint and the outer king, and can show that the only correct strategy for the governance of the country is the only correct path to the civilized order. This is the reason why the shengzhi proposition can be used as the core proposition of Guo Xiang's jurisprudence, and why shengzhi represents Guo Xiang's jurisprudence concept.

2. The liberal orientation and world significance of the holy rule

From the perspective of comparing Chinese and Western cultures, or to put Guo Xiang's proposition of shengzhi on the axis of china and the west or space, shengzhi is not only a Chinese-style jurisprudential proposition and jurisprudence, but also has strong world significance. The origin of its world significance lies in the fact that Guo Xiang's proposition of holy rule has a clear liberal orientation, which can be understood in the liberalism and its jurisprudence since the modern and modern era of the West. For example, according to Hegel, freedom has a special relationship with law: "The base of law is generally a spiritual thing, and its definite position and point of departure is the will. The will is free, so freedom constitutes the substance and prescriptiveness of the law. As for the system of law, it is the kingdom of freedom that has been realized, the spiritual world that arises from the spirit itself and is second nature. This assertion of Hegel shows that freedom is the essence of law. Drawing on the phrase "incarnation of the Word," Hegel's view can even be interpreted as the "flesh" condensed from the "Tao body" of freedom. Coincidentally, Guo Xiang's proposition of holy rule, as well as Guo Xiang's legal conception with holy rule as the core, also regard freedom as the basic value criterion. Although the liberal orientation in Guo Xiangshengzhi's proposition is quite Chinese and a product of the Chinese tradition, it has great commonality with Western liberalism and its jurisprudence, and it is worth comparing and contrasting with each other.

(1) The liberal orientation of the holy rule

Synthesizing Guo Xiang's relevant expositions in various contexts, the free orientation in the proposition of holy rule can be understood from two aspects: first, holy rule is the rule of saints, and saints themselves are free; second, the concepts, principles, and methods of holy rule are free.

Look first at the freedom of the saints themselves. In the proposition of holy rule, the saint, as the designer, leader, and shaper of the civilized order, is himself free. The freedom of the saints can be described in the famous words of Confucius: "Do as you please, and do not hesitate." Zhu Xi explained: "Do as his heart desires, but do not do too much from the Fa, do it in peace, and do not reluctantly." This is Confucius's freedom as a saint. On the one hand, the freedom of the saint is a matter of course: the saint should be free. On the other hand, the freedom of the saint is also a reality: the saint means the freedom of "doing as the heart pleases", and without such freedom, he is not a saint in the strict sense, and the holy rule as a legal proposition cannot be established. Thus, holy rule presupposes the freedom of the saints themselves. Of course, we can understand that Guo Xiang in the Wei and Jin dynasties could not directly use the word "freedom" to define the saints in the holy rule; at that time, there was no modern concept of freedom in The Chinese language. However, Guo Xiang provides a variety of alternative expressions, such as "nature" and "no waiting", which can be used as explanations or descriptions of freedom.

"Nature" means nature, and "no waiting" means not relying on external conditions, which is the freedom that Guo Xiang understands. In the "Theory of QiWu", there is a phrase "those who are evil when I wait and those who are waiting for it", and Guo Xiang notes: "If you blame what you want and find your reason, then you will be blameless, and there will be no waiting, and the reason for independence is clear." The concept of "independence" here occupies an important position in Guo Xiang's ideological system. The essence of "independence" is to independently and independently achieve the desired ideal goals. Therefore, the essence of "indistingocrity" is "nature" and "no waiting". Looking at the phrase "If the husband takes advantage of the righteousness of heaven and earth and the debate of the six qi, and swims with the infinite, he is evil and waits for him", Guo Xiang noted: "The heaven and the earth, the general name of all things." Heaven and earth are bodied in all things, and all things must be positive in nature. Nature, not for the sake of nature. Therefore, "The one who rides on the rightness of heaven and earth is the nature of all things; the debater of the Six Qi is the Tuye of the Change." If you have been in the past, how can you be poor! If you meet a multiplier, you will treat it with evil! This is even the idleness of the virtuous and the other. If there is a waiting, then although the sons of the column are light and wonderful, they cannot walk without wind, so they will get what they want and then get away with it." In this regard, Cheng Xuanying also provided a further explanation: "Words do not wait for saints, humble and physical, so they can take advantage of the righteousness of the two instruments, follow the nature of all things, the imperial six qi to escape, and the mixed spirits to change." If there is nothing to go along with, there is no way to go and not to understand! ”

What Cheng Xuanying called "a saint without waiting" is a "saint without waiting", that is, what Guo Xiang called "a person of supreme virtue". Such a saint does not depend on, does not resort to any external conditions. The so-called "evil waiting" means that there is nothing to wait for, that is, there is no waiting. Therefore, "no waiting" portrays the freedom of the saint and also explains the essence of the saint. As for a person like Lieyuko, although he could move very lightly, after all, he had expectations and dependence on the wind, and he was not as good as the saints. A saint who has nothing to expect is a saint of freedom, and a saint who is completely unattainable is a saint who is completely free.

Look at the principles of the saints' rule and the freedom of the way they govern. What it actually means is that in the process of practicing holy rule, the saints uphold the concept of freedom and follow the principles and methods of freedom to achieve governance of the country and the world.

What needs to be noted here is that the freedom of the saints to govern the country and the way of governing the country is by no means the freedom of the saints to act arbitrarily according to their own personal will, and from a legal point of view, it is not only not freedom, but stands on the opposite side of freedom. For that is exactly what Montesquieu defined as an authoritarian regime: "An autocracy is also a regime in which one man governs alone, but with neither laws nor rules, and everything is disposed of by his personal will and mood." "The essence of despotism is that the monarch acts arbitrarily, and others have no freedom. Unlike despotism, the liberal orientation in the proposition of holy rule is essentially that others have freedom. As for the monarch, according to Guo Xiang's proposition of holy rule, since all monarchs should be saints, and saints are free, so the monarch is also free. However, according to Western liberalism and its jurisprudence, the monarch is not only not a saint, but an object of prevention, so that the monarch and the state power he represents will be strictly limited and constrained by law.

Of course, on the other hand, even according to Guo Xiang's proposition of holy rule, the monarch (saint) will be bound by the rule, which is inaction. In other words, as long as the monarch (saint) in the proposition of holy rule follows the principle and method of inaction, the people can obtain the greatest freedom and enjoy the greatest freedom space. However, looking at it again, although the monarch (saint) is bound by the rule of "inaction", this is fundamentally different from the Western liberal jurisprudence that restricts power with law and the monarch by law. Because, in Guo Xiang's proposition of holy rule, inaction is the essential norm of the saint (monarch), and the saint (monarch) is not bound or bound by the norm of "non-action". If a saint needs to be bound or bound, then he is not a saint, and the proposition of holy rule and the legal conception cannot be established.

The saint's way of doing nothing to maintain and protect the freedom of the people of the world is a point that Guo Xiang has repeatedly expressed. In the "Getaway", Xu Yu tells Yao: "The son rules the world, and the world has been ruled." Guo Xiang noted: "The husband can make the world rule, and those who do not rule the world also." Therefore, Yao ruled by not ruling, and those who ruled without ruling also. Now that Fang Ming is in charge, there is no substitute for it. And the rule of truth is yao, so there is a word of sub-rule. It is advisable to forget what it is like to be. Or Suiyun: Those who rule and rule, Yao ye; those who do not rule and Yao can rule, Xu Youye. It's a long way off. The reason for the rule of the husband is not to rule, and it is out of nowhere. Take it from Yao and foot, don't you borrow it! If it is said that the arch is silent in the mountains and forests and then can be called the one who does nothing, this old man's talk is therefore abandoned in dangtu, and when the tu will be in the realm of doing things and not against him, Si Zhiyi. That is to say, the way of state governance practiced by a saint like Yao can be summarized as "non-rule." Between "not ruling" and "ruling", "ruling" is the goal and the result, and "not ruling" is the means and the way.

In this commentary, Guo Xiang specifically criticizes the view represented by "or": "Those who rule and rule, Yao Ye; those who do not rule and Yao can rule, Xu Youye." This view is considered "far away." Obviously, Guo Xiang cannot agree with the views represented by "or". So, who is the "or" here? Tang Yijie believes that the "or" here is Zhuangzi himself. He said: "In fact, the idea of 'or' is exactly what Zhuang Zhou originally meant. According to Zhuang Zhou's original intention, xu you was indeed higher than Yao, but Guo Zhu believed that Yao was higher than Xu You, because it was Yao and not Xu You who could 'rule by not ruling'. Guo Xiang's note was obviously inconsistent with Zhuang Zhou's original intention. However, since it is a note on "Zhuangzi", it is inconvenient to determine the original meaning of Zhuang Zhou, so he adopts the method of 'getting carried away' usually adopted by Wei and Jin metaphysicians, which is what he said, for Zhuang Zhou should be 'it is advisable to forget to speak in order to find his situation', leaving aside the literal meaning of "Zhuangzi" and understanding the spiritual essence from its metaphor. This method of annotation of 'sending words and intentions' is a particularly important method used by Guo Xiang to annotate Zhuangzi. Therefore, "Although This note by Guo Xiang says that 'Yao does not rule and governs', the difference between it and the view of 'or' (actually the original meaning of Zhuang Zhou) is that he emphasizes 'ruling the world', and 'or' emphasizing 'not ruling' the world." Therefore, Guo Xiang did not want to deny 'ruling the world' as Zhuang Zhou did, because 'ruling the world by not ruling' is still a kind of 'ruling the world', but only believes that 'rule the world' should be made with 'no rule'."

Taking Zhuangzi himself as the "or" here may go a little further in the direction of "sitting solid". The view represented by "or" here is generally in line with the position of Zhuangzi Qiren or Zhuangzi and his book, but it may also be a view that Guo Xiang knew was popular during the Wei and Jin dynasties. According to the logic of the Taoists or Zhuangzi, the otherworldly promise is indeed higher than that of Yao, who cares about the affairs of the world, so there is nothing peculiar about the view represented by "or". On the contrary, Guo Xiang's criticism of "or" embodies a core orientation of Guo Xiang's proposition of holy rule: in the process of holy rule, saints should try their best to govern the world in accordance with the principle of freedom, that is, rule by doing nothing. Only when the saints "do nothing" and "do not rule" can they leave more free space to the people of the world, and at the same time can they achieve the effect of "ruling it". In the "Ying Emperor" section, there is a section on "It is a deception of virtue", and Guo Xiang notes: "If you make things with yourself, you will lose their authenticity." If the husband is attached to all things, he will be self-sufficient; if he rules the world by himself, he will be unable to do anything. It's all within its sexual content. Each is divided into lives. Not for what it can't. Animals and beasts still have their own existence, so the emperor does not act on his own. The "let it go and not do it" here means not to interfere with the people of the world, or to let the people of the world go unchecked, that is, to let the people of the world gain the greatest degree of freedom in a way that does not interfere. The so-called "self-made" means that the goal of "curing it" has been realized.

Looking at the passage in the "Heavenly Dao" section, "Quiet is nothing, and if there is no action, the person who does not do anything is responsible", Guo Xiang's annotation further explains the inaction aimed at maintaining freedom: "If the husband does nothing, then the group is talented and everything, each of them is at his own disposal, and he is responsible for himself." Hence the name 'Majestic!' Shunyu has the world and not with Yan', this is also said. Yu Yuran, calm and self-satisfied. To find its roots, it is all in the middle of not doing. People like Yao Shun, "none of them do anything." Those who have their way to belong to the world and have no lord, the so-called su king is also self-respecting. "As for people like Chao Xu and Yi Wang," this and then the second. Therefore, if you retreat, you will nest and flow, and if you enter, you will look forward to Lunye. If you don't do anything, what the world can't do! Therefore, if the Lord is not in the service of Tsukasa, then Irohim is quiet and Si Yinyi; if Tsukasa is not held by a hundred officials, then the hundred officials are quiet and the royal affairs are done; if the hundred officials are not in the service of all the people, then the people are quiet and peaceful; if the people are not easy to do what they can, then the other of the world is quiet and self-sufficient. Therefore, since the Son of Heaven is below, as for the common people, the lower and the insects, who can do something? It is the reason why Mizumi does nothing and Mizun also does.". Only when the monarch does nothing can it open up a vast space for the "masses of talents and all products" to "do their own thing"; only when the monarch does nothing can he set an example for the "Tsukasa" and "Hundred Officials", and the freedom of all people in the world can be maintained.

In order to maintain and protect freedom, Guo Xiang's proposition of holy rule advocates the rule of inaction. Of course, Confucius also talked about ruling by doing nothing. According to the Analects of The Analects, Confucius said: "For the government to be virtuous, such as the North Star, dwell in its place and the stars arch." Zhu Xi's understanding is: "For the sake of government and virtue, then the world will return to it without doing anything, just like this." Cheng Ziyi: 'For the government to be virtuous, and then to do nothing.' Fan Shi said: "For the sake of government and morality, it is not moving, believing without saying it, and doing nothing." The keeper is simple and can resist troubles, the one who is there is quiet and can brake, and the one who does it can serve the people. In short, "serving the government with virtue" means asking those who are in charge of the government to be like the Big Dipper, neither moving nor doing anything.

In response to Confucius's "virtue for the government", Guo Xiang also explained in the "Analects of The Body": "All things have the virtue of sex, and the husband is the politician Xi Shi? The nature of all things, so Yunde is only. To gain its nature is to return to it, and to lose its nature is to violate it. That is to say, the gist of "virtue for the government" is to let all things develop their own nature, and those who are in power do not violate the nature of all things; if they let all things naturally be natural for the government, then they meet the requirements of "virtue for the government". The Huainanzi Yuan Daoxun gives an example of "serving the government with virtue": "Yu Zhi Tianxia's rebellion is a bad city, a bad city, a pond, scattering property, burning armor soldiers, giving virtue, overseas guest service, and four Yi Na office." Here, the "virtue" that Yu shi gives is actually mainly "inaction." Therefore, "the quiet one is virtuous to the most". Only tranquility is nothingness, which is the highest virtue. These explanations of virtue show that Guo Xiang's repeated inaction is not only a Taoist concept, but also a Confucian concept, reflecting a political consensus and a legal consensus between the Two Schools of Confucianism and Taoism.

Of course, the saints practice inaction according to the principles and ways of freedom, and are not silent like mud bodhisattvas. In the "In the Yu" chapter, there is "A gentleman has no choice but to come to the world, and he will not do anything." In the paragraph "Nothing, and then the Love of His Life", Guo Xiang notes: "Those who do nothing, not arch silently, and let each of them do their own thing, then their lives are safe." Those who have no choice, not forced by the threat of punishment, directly embrace the Tao Huaipu, let the inevitable extreme, and the world is also self-guest. If the husband is light on his body and goes to profit, and abandons me and is martyred, then he will not be able to rest in peace, just as the world is! Liberation hurts also. The source is silent, and it is often natural without its heart. God moves with things, and the heavens follow reason. If the dust is automatic. Let it take its course. That is to say, the purpose of the monarch's inaction is to provide the greatest free space for the people of the world, and the rule of inaction can be either "place" and "silence", or "out" and "language", as long as there is "no heart", everything is "put into nature", everything is "left to nature", then the true meaning of the saint's rule of inaction is grasped. This is the meaning of the liberal orientation of holy rule at the level of governing principles and ways of governing the country.

(ii) The liberal orientation of holy rule and the Western concept of freedom

As mentioned above, some scholars have compared Guo Xiang's view of freedom with Kant's view of freedom, and the comparability between the two shows that the freedom orientation expressed by Guo Xiang in the proposition of holy rule can be understood through the Western concept of freedom. In addition to Kant's concept of freedom, a number of representative liberal thinkers and their views of freedom in modern times in the West, such as Mill and Hayek's view of freedom, are consistent with Guo Xiang's view of freedom, and there is no lack of legal significance, so it is necessary to make a slight comparison.

Look first at the 19th-century Englishman John Stuart Mill (1806-1873). Mill's book "On Freedom", written in 1859, had a great influence in the era of liberal capitalism and could be called the "zeitgeist manual" of the West in the mid-19th century. In the early 20th century, after Yan Fu translated it into a Chinese under the title of "The Theory of the Boundaries of The Rights of the Masses", it had a great influence on the Chinese intellectual circles in the early 20th century. This classic of liberalism begins by stating: "What is being discussed here is civil liberties or social freedoms, that is, the nature and limits of the power that society can lawfully exert on individuals." The power that can be "lawfully applied to the individual" mentioned here is the power of the State. According to this definition, the fundamental problem of freedom is the limits of the intervention of state power in the individual. According to Mill's logic, the less power the state exerts on the individual, the more freedom the individual has.

By the 20th century, Friedrich August von Hayek (1899-1992), who was active in Europe and the United States, became an important representative of Western liberalism. His Principles of Liberal Order is a representative work of 20th-century liberalism and its jurisprudence. He writes: "This book is an inquiry into the state of man, in which the coercion of some on others is reduced in society to the limits of what is possible. In this book, we will refer to this state as the state of freedom. "Freedom means that there is always the possibility of one man acting according to his own decisions and plans; this state of affairs is in contrast to the state in which one must submit to the will of another (who, by his arbitrary discretion, can compel others to act or not to act in a specific way). The old phrase often used to describe this state of freedom is therefore 'arbitrary will independent of others'. Thus the opposite of freedom is the "arbitrary will" of others, which, seen in practice, is coercion, and thus for freedom "coercion is an evil which prevents a man from making full use of his ability to think, and thus from making the greatest contribution he can make to society." Although the enforced person will at all times strive for his own benefit, in the circumstances of coercion the only comprehensive design in which his actions must conform is from the mind of another man, not from his own will." According to Hayek, freedom primarily refers to the coercive or arbitrary will of a person independent of others.

Although the liberalism expressed by Mill and Hayek has its own purpose, some key greatest common denominators can be found in their expositions. For example, they all understand freedom in terms of the relationship between the state and its citizens, and they all believe that the less the state intervenes and coerces its citizens, the more freedom there is for citizens. This kind of freedom is basically consistent with guo xiang's understanding of freedom. For example, in response to the phrase "smell in the world, do not hear about the rule of the world" in the chapter of "In the Yu", Guo Xiang said: "If you make yourself rule, you will rule, and if you rule, you will be chaotic." The birth of a human being is also the life of a straight mo, but the desire for evil is not happy. Those who are above cannot do nothing, but what they do and the people go to it, so there is temptation for good desire, and the people are sexually promiscuous. Therefore, the noble holy king is not noble and can rule, but also the self-made of his inaction. That is to say, those who hold state power must adhere to the principle of inaction to govern the country, and cannot govern the country in the way of "governance", if the superior tries to "rule", which is essentially to exert state power on individuals, it will lead to the consequences of "chaos".

From the perspective of rule of law and jurisprudence, Guo Xiang's concept of freedom has some commonalities with the Western concept of freedom, for example, both emphasize that state power should not force individuals as much as possible, and both require state power to leave the greatest freedom space for individuals. Of course, there are also many differences between the two, for example, the Western concept of freedom is biased towards the individual, Guo Xiang's concept of freedom is biased towards group harmony, and Guo Xiang values from chaos to governance, that is, to the harmony of the group or community. In addition, the saints and holy rule that Guo Xiang expects are also significantly different from the state and the rule of law imagined by Western liberalism, and this difference is rooted in the logical starting point of the principle of civilized order. This is another topic and will not be discussed here.

The above analysis shows that if we focus on the cosmopolitan nature and world significance of the holy rule, if we look at the convergence and comparison of Chinese and Western civilizations, if we look at the Chinese and Western or spatial axes, Guo Xiang's legal conception of the holy rule shows a clear liberal orientation, and there are many similarities with the Western concept of freedom and liberal jurisprudence.

3. The people-oriented orientation of holy rule and its contemporary significance

The free orientation and world significance of Guo Xiangshengzhi's proposition have been revealed above. On this basis, if we look at the ancient and modern times or on the timeline, if we innovate Guo Xiang's proposition of sacred rule and creatively transform it, Guo Xiang's legal conception of sacred rule also shows obvious people-oriented orientation and contemporary significance. This is just as Yu Dunkang said when discussing Guo Xiang and his thoughts: "According to Guo Xiang, everyone has sex, and everyone is pursuing a leisure that suits their special duties, and this kind of leisure is not only a psychological satisfaction or spiritual realm, but more importantly, the satisfaction of material life." Therefore, "this is a strong humanistic sentiment and people-oriented thinking based on Confucianism, so whether the ruler's decision-making is correct should be judged by whether everyone has sex and the satisfaction of the people."

As far as the source of thought is concerned, the people-oriented orientation and people-oriented principles contained in Guo Xiang's proposition of shengzhi are not the first creations of Guo Xiang. Long before Guo Xiang, people-oriented thought had formed a long tradition. There are many studies in the academic circles on china's early people-oriented thought and its subsequent changes, and there is no need to elaborate here. It is worth noting that in the Wei and Jin dynasties, Minben thought had a realistic and holistic background, that is, Cao Cao said, "White bones are exposed in the wild, and there is no chicken chirping in a thousand miles." The people are left behind, and the thoughts are broken." Later, the "Rebellion of the Eight Kings" of the Western Jin Dynasty and the subsequent "Rebellion of Yongjia" were witnessed by Guo Xiang. From the end of the Han Dynasty to the Guo Xiang era, it was a typical chaotic world, and the situation of the readers was certainly bad, in contrast, the suffering of the "living people" at the bottom was even more profound. In such an era, the people-oriented orientation manifested by Guo Xiang in the proposition of holy rule not only has a direct practical pertinence, but also has the value and significance worth excavating and transforming more than 1,700 years later.

The classical meaning of Minben can be understood as: "Minwei Bangben, Bengu Bangning." This interpretation of the people's foundation is mainly to emphasize the value and significance of the "people" to the "state". Guo Xiang's proposition of holy rule does not place too much emphasis on "Ben Gu Bang Ning". On the contrary, the people-oriented orientation in Guo Xiangshengzhi's proposition shows more of a contemporary meaning centered on "people".

(1) People's livelihood is the foundation

The starting point of the people's foundation is the people's livelihood, so the primary level of the people's foundation is the people's livelihood. The people's livelihood is mainly focused on the material interests of the people, and its minimum requirements, in the contemporary legal discourse, are to protect the people's right to subsistence, or to protect the people's right to freedom from material scarcity. If we want to talk about the people, the people's livelihood can be said to be the most basic people.

Guo Xiang has a specific discussion on the people's livelihood at the level of people's livelihood. The "Horseshoe" chapter has the phrase "the people have the constant nature, weaving and clothing, ploughing and eating, which is the same virtue", and Guo Xiang notes: "The virtue of the husband and the people, the small difference and the great same." Therefore, those who cannot go away from sex, food and clothing, and those who cannot be abolished, ploughing and weaving: those who are the same under the world are also the ones who are the same. The keeper of the Way, do nothing. This sentence epitomizes Guo Xiang's "people's livelihood-oriented" view. In Guo Xiang's view, "doing nothing" embodies the operation mode and practice form of the holy rule, but the "holy rule" of "no action" has a fundamental that needs to be followed, that is, to respond to the "virtue of the people" that is similar and different. It sounds like the "virtue of the people" is far-reaching and abstract, but in fact, the "virtue of the people" is the people's clothing, food and clothing and their cultivation, which is the most basic people's livelihood and the bottom line of the people's foundation.

In the "Fortune of Heaven" chapter, there is a phrase "it is easy to make it easy to forget oneself and forget the world; it is easy to forget the world at the same time, and it is difficult to forget the world at the same time", Guo Xiang noted: "The husband is the most benevolent, and the hundred festivals are suitable, then they do not know themselves all the time." The saints are on top, and they are not doing anything, but they are only ears of each other. Self-sufficiency, then the multitude is self-sufficient, the group is self-sufficient, and the world is safe and does not forget each other! Forgetting each other, does the Lord care? Si so-called and forgetfulness also. The key to this sentence is "self-sufficiency" and "self-sufficiency", and combining the two is exactly what is called today's "masses" can be self-sufficient and self-adapting. The so-called "self-sufficiency" is first embodied in the self-sufficiency in terms of food and clothing, and in today's terms, it is "abundant food and clothing", which is still the emphasis on the people's livelihood.

This concept of people's livelihood expressed by Guo Xiang has a high degree of compatibility with the materialist view of history and can be explained by the materialist view of history. As the classic Writers of Marxism have pointed out: "In order to be able to 'make history', the people must be able to live." But in order to live, you first need clothing, food, shelter, and other things. Thus the first historical activity is the production of the means which meet these needs, i.e., the production of material life itself. At the same time, it is also a historical activity that must be carried out every hour of the day (and now as it was thousands of years ago) just to be able to live, that is, the basic condition of all history. Marx and Engels here refer to "clothing, food, housing" and their production, which is exactly the "food, clothing" and "cultivation and weaving" that Guo Xiang emphasized as "indelible.". The emphasis on "clothing, food, and shelter" by marxist classic writers is mainly to clarify the materialist view of history, that is, historical materialism. In contrast, Guo Xiang's emphasis on "food and clothing" and "cultivation and weaving" mainly lies in consolidating the foundation of holy rule, that is, the people's foundation in the sense of "people's livelihood as the foundation". From the perspective of rule of law and jurisprudence, Guo Xiang's people's livelihood-oriented orientation has a strong correlation with the rule of law of people's livelihood in contemporary China, and can be used as a historical and cultural resource to nourish the theory and practice of the rule of law in contemporary Chinese people's livelihood.

(2) The will of the people is the foundation

Adhering to the people's livelihood as the foundation and paying attention to ensuring the people's food and clothing undoubtedly has a basic position. On the premise of adhering to the people's livelihood, if we want to go further in the direction of the people's foundation, we must adhere to the people's will. Although, paying attention to people's livelihood also helps to win the hearts and minds of the people. However, compared with the people's livelihood, the people's will is, after all, a higher goal to be pursued, which can represent a higher level of people's foundation. In contemporary society, we have heard the saying "pick up the bowl to eat, put down the bowl and scold the mother", although it is relatively crude, but it helps us to understand a basic principle: adhering to the principle of the people, it is not enough to stop at food and clothing, but also need to take the people's will as the foundation of national governance. If the psychological, emotional, and ideological recognition of the people can be obtained, the basis for the legitimacy of national governance will have a more solid and reliable foundation. It is precisely focusing on the people's foundation at the level of the people's hearts that Guo Xiang repeatedly discussed the necessity and importance of the people's hearts under the framework of the holy rule.

First look at the phrase "the saints are at peace with themselves, but they are uneasy about what they are uneasy" in the "Lieyu Kou", and Guo Xiang notes: "The saints have no peace and no peace, and they follow the hearts of the people." The original text in the Lieyu Kou only points out that the saints are at peace and uneasy. However, Guo Xiang's point of view is: the heart of a saint does not matter whether it is peaceful or uneasy, the heart of a saint is completely in line with the heart of the people, and the heart of a saint maintains a high degree of identity with the heart of the people. In terms of psychological feelings, the saints and the people respond in unison and seek the same breath. The saints breathe with the people and share a common destiny. The sorrow in the hearts of the people is the sorrow in the hearts of the saints, and the wishes of the people are the wishes of the saints. In short, in the practice of state governance, that is, in the process of unfolding holy rule, saints should be completely in line with the will of the people, which is the purpose of the people's hearts that Guo Xiang aims to reveal. In response to the phrase "seek what can be done, merit is achieved, less effort, see more merit, the way of the saints" in the "Heaven and Earth" chapter, Guo Xiang noted: "The way of the saints is to use the hearts and ears of the people." "The way of the saints is the way of holy rule, and the core essence of the way of holy rule is to respond to and respect the hearts of the people. That is to say, one of the basic principles of holy rule is the will of the people.

The so-called "use the heart of the people" is the practical direction that the saint does not violate the heart of the people. In the "Lieyu Kou" chapter, there is a phrase "the depth of the present Song Kingdom, the abyss of the nine weights of the non-straight", Guo Xiang's note: "If the husband takes the rich, he will obey the people's expectations, and if he says, take the heavens and the heart of the lord, and the one who is the lord of the infant, the place of the Ming king will not be affected." Therefore, if there is a reputation, there will be a trial, and the people will not violate it, and they will not violate it, and they will meet the hopes of all men, so these three generations will walk in a straight path. The key to this sentence is "to conform to the people's expectations", and the people's hope is the people's hope. The so-called "conforming to the people's expectations" is actually following the will of the people or "not violating" the meaning of "simin", that is, "using the hearts of the people" mentioned above.

Looking at the phrase "the unique person is the most precious" in the "In You" chapter, Guo Xiang's note said: "The husband and the crowd are the same, not to seek the most expensive, and the people can not be expensive, si zhi gui also." If one believes in its prejudices and takes the difference as its heart, it is the same, so it is a thing in the world, and it is not unique. If you are not unique, but want to steal the crown, and take advantage of the difference, the multitude will return! Therefore, it is not the most expensive. That is to say, saints cannot have the "unique" heart of "seeking more than the masses", and only when saints are always connected with the hearts of the people, the same heart, and the same heart, can they achieve the political effect and governance effect of the people's "return". In the final analysis, this is still saying that the will of the people is the foundation of holy rule.

According to the Analects of Wei Linggong, Confucius famously said: "I have tasted all day without eating, all night without sleeping, thinking, useless, it is better to learn." Guo Xiang's note is: "The saint has no devious teachings, but what about those who do not sleep and do not eat and think?" Thinking and then understanding, practicing and then being able, the people are also the same. The saint has nothing to do but work with the people, and the same thing is the same. It is to see the form and think that it is different from oneself, so it is said that the saints will also think diligently and mechanically, and the feelings of this people will also be. Therefore, if he uses his feelings to teach, then the teachings of the saints are taught by him, and he is tolerant of cunning. Although the saint here refers to Confucius rather than to the monarch, Confucius enjoys the dignity of "Su Wang" after all, and although he does not have the position of the Son of Heaven, he has the virtue of the Son of Heaven. Therefore, the "same thing" and "similarity" between Confucius and the people, and even "affection" or "heart togetherness", are still aimed at highlighting the positive response of the saints and the holy rule to the people's feelings and people's hearts.

The will of the people is the foundation of winning the recognition of the people's hearts, that is, winning the hearts and minds of the people. In the Analects of Wei Linggong, there is "I am to others, who destroys whose reputation?" If there is a reputation, it has been tried. Si Minye, the reason why the three generations walked straight", Guo Xiang noted: "Those who have no heart and pay the world, the straight way also." He who has the heart to make the world subordinate to himself, bend the law. Therefore, those who walk in a straight path do not destroy their reputations from the mere body, the good and the bad, the people who believe. Therefore, I am to people, who destroys whose reputation, if there is a reputation, it will be tried by the people. The monarch's behavior is "the people who must be tested" to see if he can get the praise of the "People"; if he can get the praise of the "People", it means that he has won the hearts of the people.

Finally, let's look at the phrase "I will be a guest" in the "Getaway", Guo Xiang notes: "He who takes care of himself, he who obeys things and obeys things, is not opposite to things." Therefore, Yao has nothing to do with the world, and Xu You and Ji Qi are matched. Why is it evil to say so? The husband and the object of the meditator, so the place of the group of things can not be separated. It is to respond with no heart, only to feel from, if the boat is not tied, the east and the west are not there. Therefore, he who has no deeds and does not share with the people, nor does he have the past and is not the king of the world. The essence of this passage is also the people's will and the will of the people. He Changqun has revealed the contemporary significance of this passage, saying: "Try to interpret it in the present sense. The organization of the state is the government and the people, and if the government acts arbitrarily and arbitrarily, and does not take the will of the people as its intention, then the government is against the people, and the people will be against the government. When the government and the people are in opposition, the government must use political pressure to impose on the people, and the greater the pressure, the greater the opposition, so that the political society is divided or disordered. Conversely, "if the ruler 'follows things and has nothing to do with things', then the government and the people are one, the will of the government is the will of the people, and the will of the people is also the will of the government. Fish and rivers and lakes are thus formed, and so are the government and the people." To sum up, when the government and the people are always one heart and one mind, it means that the principle of people's will has been followed.

(3) Free personality

If the people's livelihood can be regarded as the primary goal of the people, the people's will can be regarded as the advanced goal of the people. Through further research, it can be found that the people's orientation in Guo Xiangshengzhi's proposition has a higher ultimate goal. This ultimate goal can be summarized as free personality.

"Free individuality" as a concept, a theory, can be traced back to Marx's writings. In the Manuscript of Economics (1857-1858), Marx believed that the evolution of human society could be divided into three stages and take on three forms. Among them, "man's dependence (which at first was entirely natural) was the first social formation in which man's productive capacity developed only on a narrow scale and in isolated places. Human independence, based on the dependence of things, is the second largest form, in which a system of universal social material transformations, comprehensive relations, multifaceted needs, and comprehensive capabilities is formed. The free individuality, based on the all-round development of the individual and the fact that their common social productive capacity becomes their social wealth, is the third stage". The essence of the free individuality that Marx speaks of here is the free and all-round development of each person. Although free individuality is a concept created by marxist classic writers, in Guo Xiang's exposition on the proposition of sacred rule and its people-oriented orientation, we can see that this concept was expressed and classically presented in the Chinese style during the Wei and Jin dynasties.

First look at the "Foreign Objects" chapter "People have the ability to swim, and they have to swim!" Man cannot swim, and he must swim", Guo Xiang noted: "What sex can do, it has to be also; sex cannot be forced, so the system of saints is only mo, then they all have it and do not know it." Cheng Xuanying further explained this: "Madame has different temperaments, uses different things, has her own words such as influence, has her own wisdom and dimwitted wheat, so those who have sexual ability have to be by; those who have sex cannot be forced." If each keeps its part, nothing will be lost. With proper reference to Cheng Xuanying's sparse text, Guo Xiang's intention is even clearer: the saint, as a representative and symbol of state power, must not force everyone in the community. On the contrary, the saints should respect each person's individuality and disposition as much as possible, and ensure that each person develops himself freely and comprehensively according to his own personality and disposition.

Looking at a dialogue between Confucius and Zilu contained in the Analects and Constitutional Questions, Confucius finally emphasized: "Cultivate yourself to reassure the people, Yao Shunqi is sick. Guo Xiang noted: "A husband and a gentleman cannot ask for his feet, so he cultivates himself and asks for himself." Therefore, those who cultivate themselves can only respect their bodies internally and rest in the ears of those who are with themselves. Won't you be safe for the people? The people are of all kinds, and the special winds of all nations, and if they are not ruled, they will be extremely good. If you want to cultivate yourself to cure it, although Yao Shun will be sick, how can you be a gentleman? Now Yao Shun is not a cultivator, and all things are governed by nothing. If the heavens are high, the earth is thick, the sun and the moon are bright, and the clouds are raining. Therefore, it can be yi chang tiao da, and qu cheng is left behind without illness. This passage contains a wealth of ideological information, one of the main points of which is "the people and the people." That is to say, the saints should fully understand the diversity of the people, because each person has his own individual disposition. In the process of holy rule, the saint cannot impose his own preferences on others, but the saint wants to let everyone freely and comprehensively achieve himself, develop freely, and perfect himself.

There is also a paragraph in the "Autumn Water" section that "the well frog cannot speak to the sea", and Guo Xiang notes: "Those who are born and safe in the husband's things have their own interests." "The amount of the poor hundred rivers and the county is in the river, the river county is in the sea, and the sea county is in the heavens and the earth, then each has a quantity." This kind of rhetoric, there seems to be a big view can be clear and small, but looking for its meaning is not. The patients of the husband's life are not yiye, so the big ones are said to be small, and the small ones are said to be the large ones. It is to boast up and down, to lean over and lose oneself, and this is the confusion of the people. Those who are confused seek righteousness, and those who are righteous are extremely poor because of their so-called. The so-called big one is enough, so autumn has nothing to tire the heavens and the earth; the so-called small ones have nothing to do, so the heavens and the earth cannot be more than autumn. Then the deluded have the opposite, each knowing its own extremes. Things are at ease, and the idlers use their own steps to swim in the field of self-satisfaction, and the reason why this Zhuangzi makes a moral sound. If, as the beguiled person says, he turns to a small and a large one, then the one who falls is infinite. If the husband sees the big and is uneasy about the small, sees the less and thinks that he is more, and will gallop in the state of victory and defeat and help the people of heaven and the people, will he reach the will of Zhuang Sheng! Therefore, "seeking the big with the small will not be able to do so." Each one is big or small. If you do not seek the merits of heaven and earth at all, then the rest of the body is an abandonment; if the heavens and the earth do not see greater than qiu, then if you take care of its image and cut your own ears, you will be able to know the fine fixation of the details and the determination of the great! ”

The "beguider" that Guo Xiang criticizes here is actually the point of view represented by Zhuangzi in Tang Yijie's view: "Although Guo Xiang said that Zhuang Zhou did not cancel the difference in size from the relativity of size, in fact, Zhuang Zhou's relativism was based on this size debate. Guo Xiang believes that saying that everything is the same, it does not matter how big or small, it is because everything has the nature of each thing, and from the perspective of its 'self-sufficiency', it is all the same 'big'. For example, the flying ninety thousand miles of the Roc and the flying gun of the dove, from the point of view of satisfying the requirements of their sexual points, they are all the same 'big'. From the perspective of its maximum can only be 'self-sufficient', it can be said that it is 'surplus', and it can also be said that it is all the same 'small'. The difference between Guo Xiang's relativism and Zhuang Zhou's is based on the so-called 'self-sufficiency' of the argument. ”

Of course, Guo Xiang's point of view can be interpreted as relativism. At the same time, we can also base ourselves on contemporary political ethics and jurisprudence, and interpret Guo Xiang's views as the vision of a free personality, that is, the pursuit of free and comprehensive development of everyone. For example, Dapeng flies ninety thousand miles, reflecting that Dapeng is freely developing his own personality; xuejiu's "decisive rise and fly, gun and elm" also reflects that xuejiu is freely developing its own personality. Between people, it does not matter whether it is big or small, whether it is high or low, whether it is far or near. From a modern point of view, the formulation of the national system and legal system, as long as it can ensure that everyone can develop themselves freely and comprehensively according to their own personality, nature, character and temperament, is a goal and direction worth pursuing.

The goal of free individuality and the guarantee of free and comprehensive development for everyone is a modern interpretation of the people-oriented orientation of the proposition of holy rule. Guo Xiang certainly did not know the modern concept of free personality. However, according to the above description, if Guo Xiang's proposition of sacred rule, especially the people-oriented orientation contained in it, is creatively transformed and innovatively developed, then the pursuit of free individuality and the protection of everyone's free and comprehensive development are not only the proper meaning of Guo Xiang's proposition of sacred rule and its people-oriented orientation, but also can represent the ultimate goal of his people-oriented orientation.

IV. The End of Guo Xiang and Wei Jin Jurisprudence

If we want to examine the history of Chinese thought in sections, Wei and Jin metaphysics is usually treated as a relatively independent passage of thought, it inherits the two Han classics, and then the Sui and Tang Buddhist studies, as an important unit of thought, it has experienced "the rebellion of the Eight Kings, the Five Hu Chaos, the division of the Southern and Northern Dynasties, resulting in the great disintegration of social order, the general collapse of the old lily religion, the freedom of thought and belief, and the flourishing of the spirit of artistic creation, which reminds us of the 'Renaissance' of the sixteenth century." This is an era of intensity, contradiction, enthusiasm, and intensity over the color of life." In such an era of thought with metaphysics as a label, if Wang Bi is its main founder, Guo Xiang is its iconic integrator. After all, after Guo Xiang, it is already difficult to find a more important metaphysical figure. The mainstream of Chinese thought after Guo Xiang had begun to shift to Buddhism represented by Kumarosh, which could be summed up in Pan Yuting's words, that is, "Wei and Jin metaphysics later ate all of Buddhism." However, before "giving Buddhism all to eat", Wei Jin Metaphysics still had Guo Xiangqi after all. Therefore, to a considerable extent, Guo Xiang can represent the final form or complete formation of Wei and Jin metaphysics, that is, the final form of Wei and Jin metaphysics. From another point of view, if you want to find a symbolic figure for Wei jin metaphysics to represent the end of Wei and Jin metaphysics, there may be no one more qualified than Guo Xiang. Since Guo Xiang can represent the end of Wei and Jin metaphysics, then, from the perspective of the history of Chinese jurisprudence, he can also represent the end of Chinese jurisprudence in the Wei and Jin dynasties. This positioning of Guo Xiang and his jurisprudence is mainly based on two considerations.

On the one hand, from the perspective of Guo Xiang's legal conception, he based on the two orientations or principles of freedom and people-orientedness, clarified the basic framework of holy rule, and provided a relatively complete set of legal solutions for the improvement of the national governance system and the construction of civilized order. Judging from the evolution process of the Chinese civilized order, the proposition of holy rule expounded by Guo Xiang and the proposition of rule of law in contemporary China have obvious correspondence. That is to say, it is necessary to seriously treat Guo Xiang's propositions and legal concerns from the perspective of jurisprudence. This is just as He Changqun said at the end of "Wei JinQing's Preliminary Discussion on Thought": "The original purpose of Wei Jinqing's talk is to play a game of xuanfu and deviate from the reality of life and not be relevant to things, but this period of thought is hidden by the world and is disgraced, and it is a shameful person who has been hidden by the world for seventeen hundred years, a sad husband." Such a conclusion reminds us that the "Wei JinQing Talk" carried by Guo Xiang is "pertinent to things"; Guo Xiang's thought is ostensibly metaphysics, but in fact it is related to realpolitik, state governance and civilized order. Tang Yongtong also noted: "Guo Xiang's "Zhuangzi" is about political theory, and as for his metaphysics, he wants to complete his political theory. They were not very satisfied with zhuangzi's doctrine because of political doctrine. Zhuangzi can know but cannot do, so the book of Zhuangzi can only be the crown of a hundred families, and cannot yet reach the level of 'scripture', but only Confucius can do it, so Guo Xiang talks about metaphysics as the foundation of politics. From a legal point of view, "Guo Xiang's emphasis on metaphysics as the foundation of politics" is actually talking about: metaphysics is the foundation of jurisprudence. According to the principle of "Moon Reflection Wanchuan", if you look at Guo Xiang from the perspective of political science, what he is trying to complete is political theory; however, if you look at Guo Xiang from the perspective of jurisprudence, what he is trying to complete is jurisprudence.

On the other hand, judging from Guo Xiang's self-expectations, only "through the national system" is his conscious original ideological intention and academic mission. Such self-expectations are found in Guo Xiang's last note on the Tianxia (which is also about the whole book of Zhuangzi): "Xi Wu did not read Zhuangzi, and tasted the meaning of the controversy between the commentators and the rulers, but the words of Yun Zhuangsheng, so Zhuang Sheng was the stream of debaters." As for this chapter, it is known that its way is refuted, and its words are not in the middle, but it is known that the wounds of listening to tu said are also true. My intention is also to say that there is no national system, and the so-called useless talk is also. However, the son of the anointing sorghum, the drama of the all, or tired of the canon, but can argue and analyze the reason, in order to proclaim his qi, to tie his thoughts, to flow in the hereafter, so that sex is not adulterous, not yet virtuous to the game! Therefore, it is left alone, and it is good for those who do good. Guo Xiang's last comment in Zhuangzi's Notes has the nature and meaning of "conclusion at the end of the article" to a certain extent, from which we can appreciate Guo Xiang's academic interest: academic thought should focus on "jingguo system"; if academic thought has nothing to do with "jingguo system", it is "useless" academic thought. It can be seen from this that devoting himself to the study of "through the national system" is Guo Xiang's ideal and pursuit. If we give play to the study of "economy through the state system" from the perspective of jurisprudence, it is a jurisprudence centered on "through the state system", that is, the governance of the country. The previous narrative has shown that Guo Xiang's jurisprudential conception of the proposition of holy rule, especially the dual concern for freedom and the people's foundation within the framework of holy rule, is precisely the legal interpretation of "through the state system".

The above two aspects show that Guo Xiang actively responded to the legal needs of the Wei and Jin dynasties through the construction of the proposition of holy rule, and can be called the integrator of Wei and Jin jurisprudence. It is in this sense that Guo Xiang's jurisprudence conception of the proposition of shengzhi can represent the complete form, mature formation and final formation of Wei and Jin jurisprudence.