Regulation by Virtue, Not Law or Force

二十一

~What does Confucius mean by regulation of the state by means of virtue? How is such a state regulated?

~What is the difference between regulation through virtue and regulation through either law or force? Why does he insist on the use of virtue, not law or force?

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Yao, 2000

The goal [of order and peace] cannot be achieved by arms, nor by power or law, but only by moral strength and moral virtues.”

Man is born with uprightness. Indeed, it is so but being born with such uprightness does not guarantee the agent will die with uprightness just as he was born with it. As man’s nature is good and upright, he has the capacity to be virtuous and remain virtuous in the entire course of his life. Why virtue? Why is it important?

The Confucian tradition emphasises the Way- the moral way. The teachings of the Master is governed by virtues, virtues that help cultivate a man into a superior man and make him into a man worthy of governing a state. These [Confucian] virtues allow man to develop himself into a superior man. Why? Because virtues are right. Right in the sense that they are correct, proper, and they are the central point of values. Vices, as opposed to virtue, is taken as an excess or the lack of virtues. 

de Bary, 2009

“…virtue (te) is a traditional concept for qualities that manifest themselves in benefits to others, but the effect on others most crucial for Confucius is the appeal to their self-respect rather than to fear…”

There is a black and white distinction between Confucius’ regulation by virtue and the Legalists’ concept of virtue. For the latter, the concept of virtue in its true sense is denied and it is instead equated with the concept of reward/reinforcement-punishment system (Operant Conditioning, Skinner) or “the two handles of the ruler”: rewards are there for those who obey the law and punishments are to be imposed on those who violate others (Chan, 1948, p. 225) and where law and statecraft are of utmost importance to the ruler. The Legalists’ view Confucianism as idealistic, “bookish and impractical” in its political views and ideas. Confucius, on the other hand, places the importance of virtue in its true sense (Chan, 1963) and that the masses should be governed by li and morality and frowns upon the Legalists’ realistic views, accusing them as “mean and vulgar” (Fung,1948).

Redse, 2015

“Confucius preferred personally performed ritual actions in accordance with the basic virtues, regulated by a need for “face" (dignity) and harmony, rather than the application of fixed laws with penal regulations and punishments. For this reason he was concerned with cultivating a sense of shame awareness in people as a control power, rather than recommending control by means of penal regulations… (Analects 2:3)”

The Great Learning stressed on the need to regulate the family before being able to successfully regulate the state. As the family is the foundation of a community, regulating it would entail the extension of a regulated state. The virtue of the ruler must centre itself on filial piety and the relationship between the ruler and his subordinates. A ruler should love his people and be sensitive towards their needs: If he has virtue, he will have the people with him… Virtue is the root, while wealth is the branch (The Great Learning, 10). A ruler with a virtue is not one who indulges himself in luxury while his people are suffering. He is not one who exploits the fruits of his people’s labor for his own selfish desires. On the other hand, one who makes sure that his people have enough food to eat, does not impose heavy labor among the workers of the society, and ensures that there is security and peace throughout the land a virtuous ruler worthy of his position to govern. However, Zhang (2000), noted another importance in the system: education. A ruler must also concern himself with the education of the people— first is to establish social moralities that guide mass conduct, and second is to check the evildoings and reduce penalties.  

Doctrine of the Mean, 20

…When the right principles of man operate, the growth of good government is rapid, and when the right principles of soil operate, the growth of vegetables is rapid… Therefore the conduct of government depends upon the men. The right men are obtained by the ruler’s personal character. The cultivation of the person is to be done through the Way, and the cultivation of the Way is to be done through humanity…”

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