Neither Rule of Virtue nor Rule of Law: The Governance Model of Traditional China
摘要
The governance model of ancient society can be characterized as “virtue as the foundation with punishment as the instrument”. This model took Confucian rule of virtue as its fundamental governance principle while incorporating pragmatic elements from Legalist rule of punishment. Confucian rule of virtue constituted the basic governance structure and political ethos of ancient society. As discussed previously, ancient Confucian rule of virtue was not simply virtue governance. Rather, it used Confucian “virtue” to establish the legitimacy foundation of political rule, while scholar-officials imbued with Confucian ideals implemented virtue education in local communities. Through moralization, they cultivated people’s character, enhanced the personal qualities and self-governing capacity of civil society, and fostered shared values and moral consensus between the state and society, thereby achieving societal self-governance. Thus, Confucian rule of virtue does not inherently conflict with modern Western rule of law. All societies require virtue transformation to build social consensus and create the ethical foundation for self-governance. Moreover, the political legitimacy value inherent in Confucian “virtue” can define the virtuous nature of law, adding substantive legitimacy to formalistic rule of law.