The fundamental meaning of Confucian "rule by courtesy" is "difference", even if the noble, the humble, the old and the young have their own special code of conduct. Only when aristocrats, young and old, old and young, and relatives and friends have their own rituals can we realize the ideal society of Jun Jun, minister, father, son, brother, brother, husband and wife in the eyes of Confucianism. The governance of a country depends on the stability of hierarchical order. Confucian "ceremony" is also a form of law. It takes the maintenance of patriarchal hierarchy as its core, and it will be punished by "punishment" if it violates the norms of "ceremony"
The Confucian theory of "ruling by virtue" is to advocate moral edification and education. Confucianism believes that no matter whether human nature is good or evil, people can be influenced and educated by morality. This kind of education is a psychological change, which makes people feel good and ashamed but not evil. This is the most thorough, fundamental and positive way, which is beyond the reach of legal sanctions.
The Confucian theory of "rule by man" is an idea that attaches importance to the particularity of man, his possible moral development and his sympathy, and manages his rule as a changeable "man" with complex choice initiative and ethics. From this perspective, "rule by virtue" is closely related to "rule by man". "Rule by virtue" emphasizes the process of enlightenment, while "rule by man" emphasizes the moralist himself, which is a kind of saint politics. Because Confucianism believes that "personality" has great appeal, on this basis, it has developed into extreme "rule of man" doctrine such as "governing the people for politics" and "governing the people cannot".
Oppose the ritual system
Legalists attach importance to law and oppose Confucian "rites". In their view, the emerging landlord class at that time opposed the hereditary privilege of monopolizing economic and political interests by nobles and demanded private ownership of land, which was a fair and correct proposition. The etiquette system of maintaining aristocratic privileges is backward and unfair.
The role of law
The first function is to "settle disputes", that is, to clarify the ownership of things. Shen Dao, one of the legalists, made a very simple analogy: "A rabbit went and a hundred people chased it. Accumulate rabbits in the market and ignore them. No rabbits, no arguments. " A rabbit ran away, and many people chased it, but they didn't look at so many rabbits in the market. It's not that you don't want rabbits, but that the ownership has been determined and you can't argue any more, otherwise you will violate the law and be punished.
The second function is to "make meritorious deeds and fear violence", that is, to encourage people to make meritorious deeds and make those who are lawless feel afraid. The ultimate goal of prosperity is to make Qiang Bing rich and win the war of annexation.
The theory of human nature of "likes and dislikes"
Legalists believe that all people have the nature of "liking advantages and avoiding disadvantages" or "seeking advantages and avoiding disadvantages". As Guan said, a businessman runs around day and night, driving thousands of miles doesn't feel far, because interests attract him ahead. Fishing people are not afraid of difficulties and dangers, and they don't care if they sail against the current. It is also the pursuit of fishing interests. Based on the same idea, Shang Yang came to the conclusion: "There are likes and dislikes in life, so the people can cure them."
Historical view of "violating the past and not following the present"
Legalists oppose conservative retro ideas and advocate reform. They believe that history is developing forward, and all laws and systems should develop with the development of history, neither retrogressive nor conformist. Shang Yang clearly put forward the idea of "violating the past and not following the present". Han Fei further developed Shang Yang's proposition that "time-shifting chaos is difficult to cure", and he satirized the conservative Confucianism as a fool waiting for him.
The general plan of governing the country by combining law, technique and situation
Shang Yang, Shen Dao and Shen Buhai advocated attaching importance to law, potential and technique respectively, each with its own characteristics. When Han Fei, a master of legalism, put forward the idea of combining the three closely. Law refers to perfecting the legal system, and potential refers to the power of the monarch, and it is necessary to monopolize the military and political power. Art refers to the strategies and means of controlling ministers, mastering political power and enforcing laws and regulations. It is mainly to detect and prevent the crime of rebellion and maintain the status of the monarch.
Legalist thought is fundamentally different from the form of democracy and rule of law that we advocate now. The biggest thing is that legalists strongly advocate the centralization of monarchy, and it is absolute. Pay attention to this. We can selectively learn and make use of other legalist ideas.