Mencius on the Law: Teaching law and teaching in parallel lead to good governance

　　□ modern rule of law does not mean more than social control and governance strategies through law; modern law is not just a governing instrument. It is true that the rule of law itself is also in line with the pre-Qin Mojia, Daoists, and Legalists' understanding of the "law" as a governing instrument and the rule of law, but in addition, it also integrates the value pursuits that are completely different from the aforementioned families.

　　□ the rule of law, in addition to the ultimate rule, that is, the attainment of the first stage mentioned by Mencius, should also make the good the purpose, that is, in terms of value, take human beings' goodness and harmony as the ultimate pursuit.

　　After the middle of the Warring States period, the "rule of law" theories of Huang Laojia and the Legalists gradually became apparent, and the center of attention was how to integrate law, technique, power, and power to carry out political and social governance with law as the center. Judging from the content, there are basically three major blocks: governing the people, ruling officials, and ruling the monarch. The consensus position is as stated in "Yin Wenzi Dadaoxia": "Politicians, the name law is also." The country is ruled by name, and all things cannot be chaotic. Strange people, the art of power is also, the use of power to use soldiers, all things can not be opposed. Whoever can use the name of the law and power, and suppress the cruelty, has nothing to do. If you have nothing to do, you will have the world. Therefore, if there is no rule, the law will be left to the law, and the law will be appointed to the soldiers, so as to be fine. If you don't take the strong, if you take the strong, the soft one can obey it. ”

　　In contrast to the meticulous and thorough discussions of various schools, Mencius did not pay much attention to the theory of governance. For Mencius, the Fa, as an instrument of "adulthood," is not in itself sufficient to be directly an adult, and it must be ruled by the Law and taught according to the treatment, so that adulthood can be expected to be enlightened. Both law and governance can be regarded as a compromise choice after compromising with the realpolitik and social environment.

　　When Mencius talked about ruling the world, he no longer revered the Zhou rites like Confucius, and did not even mention the "rites", but directly talked about the "Fa". The reasons for this change include: First, whether the system used by the Zhou people after the collapse of the liturgy can be used to rule the world has been doubted by the people of the time. Mencius himself often disobeyed, and even took the initiative to oppose the old rituals. Second, the discussion in the ideological circles at that time on the art of healing was dominated by the discourse of "Daofa". The Confucians trapped in it seek to cope in different ways. Mencius showed the posture of a participant, who insisted on the Confucian position while abandoning some of the original concepts and discourses, which was an active and selective retreat. Although the rule of law was the best feasible solution at that time, the "law" with similar rules in function and the consequent standardization of political and social governance had limitations, including three aspects:

　　First, the law is external after all, it can regulate people and discipline people, but it cannot directly achieve people, that is, "the zi smith wheel can be in harmony with people, but cannot make people skillful." Whatever form of governance, it must ultimately be implemented on people. Although the law can set standards, norms, norms and behavior patterns, it can only tell people what to do and how to do it, and lacks the function of active teaching and guidance. This makes it impossible to guarantee that its audience will have a subjective identity with legislators. And once people do not agree with the content of the law, or do not know how to achieve the state required by the law, it is bound to cause them to seek perfunctory, circumvention or even improper use of the law in various ways.

　　Second, the law itself is not enough to cure it. In fact, in any era and society, it is unrealistic to hope only on the rule of law. The Huang Laojia and Fa scholars, who were popular in the middle and late Warring States period, held such propositions, and the Shang Martingale Transformation Method led to the rapid and powerful Qin as an example. However, long before the unification of the six countries, the flaws in this line of thinking had been exposed. This can be seen from the Sleeping Tiger Di Qin Jian's "Book of Languages". In Mencius's view, this lack is needed and can only be achieved through "teaching."

　　Third, Mencius believed that the law was the basic guarantee and tool for governance, but the rule itself did not mean an adult, it was also limited. This forced Mencius to talk about scripture and power. Whether it is the sister-in-law who helps or does not receive the favor, or the murderer who dies and steals and flees, it reflects the flaws of the normative rule of law itself. In the past, people used to see this as a manifestation of a conflict of etiquette and law, and the understanding was not accurate. Like Confucius, mencius's "text" of etiquette is actually the law. Therefore, what conflicts is not between etiquette and law, but the inherent contradiction of the ritual itself, that is, "incivility, unrighteous righteousness."

　　Social governance must be dominated by political power, and Mencius talked about two necessities: First, the privatized society must be remedied by political force, so that it can be governed and protect the people's livelihood. The people's livelihood is undoubtedly a necessary prerequisite for the implementation of adult theory. Second, "governance" is a compromise plan made in the rational path of teaching adults, in order to consider the existence of realpolitik in order to realize the possibility of implementation, in short, it can be described as "governing with politics to wait for teaching."

　　Mencius's purpose was to practice "humanity" in order to attain the great "Tao", that is, to integrate man (humanity) through politicization in order to attain the unity of all human beings. The "benevolent government" that is "false" by political power is only one corner of its preaching theory. Even if we follow the laws of the previous kings in their entirety and practice benevolent government, it is still not enough to be humane, and at best it can only be obtained as the capital of "the king of the world" and "the rule of the world peacefully". Whether the monarchy, the rule of law, or the people's livelihood are not what Mencius wanted, they are the first link in his preaching theory, and can also be described as the external preparation stage.

　　The second stage of practicing benevolence and kingship is more important and more difficult to achieve for preaching. At this stage, the generalization can be attributed to "same" and "one". If there is a question that "the evil of the world is determined", Mencius replied with "fixed in one". The "one" of "zhi" is "benevolence". Or it can be said that to be fixed in one is to be set in benevolence. Mencius said to King Xuan of Qi, "The heart is enough for the king", which is more like the language of the king of Fa Mengqi to follow the fang. If we analyze it theoretically, Mencius requires that those who are kings should hold these four ends and cultivate external hair within and within, then the Confucian inner saint and outer king Li Lu. However, how to ensure that the king is safe in this way and not fall into the habit of dyeing, Mencius did not give a plan for institutional guarantees, but only induced by the utilitarian result of the gain and loss of the world, emphasizing that the king should respect the "law of the first king" and "the way of the first king", otherwise the people are bound to live and the world will not be protected. Considering the theories of Huang Lao and Jurists similar to those of Mencius' time, there are already more mature metaphysical and institutional theories that check and balance the selfish desires and arrogance of kings. For example, the "Four Classics of the Yellow Emperor" "Dao Sheng Fa." The Dharma, the one who leads to gain and lose, and the one who is clear and straight. Therefore, those who practice the Tao, who are born of the Fa and who dare to violate it, who dare to abolish the Fa and those who dare to abolish it. Therefore, he can lead himself to the rope, and then see the world without confusion."

　　It is still not enough for the king to have a benevolent heart and to practice benevolent government, because this only realizes the inner and outer kings of the king. For the subjects and the people, there are only external regulations, and they are only driven by preferences derived from temperament. Although Mencius had the understanding that "everyone can be Yao Shun", this does not prevent the existence of the distinction between advanced and backward, gentleman and villain. There is a distinction between self-realization, teaching, and contamination. This supreme good "heart" is everyone's, but only a gentleman can "exist" with his own subjective efforts. On the contrary, "Those who do what they do without knowing it, who do what they do without observing it, who do not know their way all their lives, are also many." The general public obviously lacks self-awareness of the Tao and must accept guidance from the outside. Those who can provide guidance are undoubtedly gentlemen, and the way of guidance of gentlemen is nothing more than words and deeds and legislative structures.

　　The establishment of a "benevolent government" style of the world political system that conforms to the "law of the first kings", and the monarch who is enlightened by the gentleman as the moral high ground, through the two ends of the government and religion to restrain, educate, and inspire the people of the world, is the political ideal state that Mencius wants to achieve. This has long exceeded the requirements of the rule of living and supporting the people, and has the direction of the moral level. This is actually the unity of human beings as a whole and in harmony with the "Tao", which can also be called "sex", which is called "goodness".

　　From the above, we can realize that the law is not enough to cure, and the cure is not enough to adulthood. However, confined to the needs of the times, adults depend on the supreme cure, and the ultimate cure depends on the Dhamma. Mencius's understanding of law and the rule of law was almost entirely copied from the Daoists of the time, and his intention was to transform this governance tool that had been used to serve hegemony, private rights, and private interests into a tool for adults. What is more, the "person" he desires to become is not an individual as a living individual or a personality subject, but an enlightened, dominant, and dynamic person who restores the whole world to the Tao and attains perfection. Human achievement is not aimed at the realization or maximization of the interests of individuals or groups or even of human beings as a whole, but is aimed at achieving the highest good through human initiative.

　　The question that needs to be taken seriously now is: What does Mencius's philosophical approach to law, which is not "useful" but points directly to the truth, mean for the rule of law culture in China today and tomorrow?

　　Today's China is taking the path of legal development, which is the final choice made by continuous reflection on theory and practice in recent decades. Since the Western Affairs Movement, China has repeatedly sought the art of restoring the old state. The original stimulus of these attempts came from the military, political, and cultural pressure of the West. From the use of Yi to control Yi, to the use of Chinese bodies and Westernization, and then to the total Westernization, there is a fusion of East and West, and today's democracy, freedom, equality values and Chinese morality and cultural revival are also important. Since the beginning of reform and opening up, the road of governing the country according to law has been determined. Under the trend of globalization, in the face of an international social order and value system built with the West as the center, if it cannot adapt, it will be impossible to participate, let alone seek strength. As a result, the rule of law has become the most effective, appropriate, or least costly governance solution.

　　At the same time, in order to rule and seek strength, the Chinese people have shown a dramatic change in attitude towards traditional culture. From the initial stubborn persistence, to the rejection of the new cultural movement, until the strong recovery of traditional culture in recent years. Of course, the origin of this situation is quite complicated, but for today's rule of law, one thing is clear, that is, The Chinese tradition cannot be thrown away, cannot be circumvented, and is still having a profound impact on political, social and cultural.

　　The modern rule of law does not only mean the adoption of social control and governance strategies through law; modern law is not just a governing instrument. It is true that the rule of law itself is also in line with the pre-Qin Mojia, Daoists, and Legalists' understanding of the "law" as a governing instrument and the rule of law, but in addition, it also integrates the value pursuits that are completely different from the aforementioned families.

　　It should be noted that the modern rule of law has also undergone time and again theoretical self-doubt, reflection and reconstruction in its birthplace. One of the central questions is, why do people really need the rule of law? In other words, what kind of value connotation should the law and the rule of law be given. This is actually the most important enlightenment provided by Mencius's theory on law and rule: in addition to the rule of law, that is, to achieve the first stage of Mencius's statement, the rule of law should also be the purpose of goodness, that is, in terms of value, human beings are good and the ultimate pursuit of harmony.

　　(The author is an associate professor and doctoral supervisor of Tsinghua University Law School)