"The so-called difference between the rule of man and the rule of law lies not in the words of man and law, but in the power used to maintain order and the nature of norms based on it." It is actually impossible to understand "rule by man" as that powerful people let their likes and dislikes dominate the relationship between people in society without certain norms to abide by. According to Mr Fei Xiaotong, the traditional society in China is a kind of "rule by courtesy". Of course, those "founding emperors" will have a certain degree of "initiative" when formulating the norms of the new dynasty, and they will have some colors of "rule by man". However, they will also be bound by social traditional norms and cannot do whatever they want.

Some scholars believe that the traditional society in China is governed by "rule by courtesy" through the rights of gentry, which is regarded as two legal systems opposite to the "rule by law" in western society. However, corresponding to the imperial government's "rule by law" and "rule by courtesy", it should be said that in our traditional society, there is still a kind of "rule by virtue" that actually works in people's lives, or there is a kind of folk moral norm that is universal to general behavior because of the constraint of folk moral norms (aiming at "accumulating virtue" and rewarding good and evil). Of course, this formulation (called "rule by virtue", juxtaposed with "rule by law", "rule by man" and "rule by courtesy") needs further deliberation and demonstration, but only talking about "rule by courtesy" cannot completely cover all the moral norms of our people. In the traditional society of China, "rule by courtesy" has its specific meaning. "Rites come from sages" (Mencius Liang Wang Hui Xia). "Rites" is a code of conduct formulated by sages in a specific culture, which is different from simple folk ethics (folk "virtue accumulation").

In a sense, those "rule by man", "rule by courtesy" and "rule by law" which are listed in the classics and associated with political authority can all be classified as "great traditions" in anthropology, while some simple moral norms popular among the people ("ruling the country by virtue" and warning people not to commit iniquity) may be classified as "small traditions".

Mr. Fei Xiaotong mentioned the "law", "ceremony" and "morality" in China: "Ceremony … is obviously different from law, even from ordinary so-called morality. The law restricts people from the outside, and the punishment for disobeying the law is imposed on individuals by specific powers. People can escape from the law, and they can be proud of themselves if they escape. Morality is maintained by public opinion. It is not good to do immoral things and keep them from others. It is shameful to be spurned by others. Etiquette is more than morality: if you are rude, it is not only bad, but also wrong, inappropriate and unsuccessful. " ..... Rituals are ... becoming active and obeying traditional habits in the process of enlightenment. This passage by Mr. Fei Xiaotong illustrates the difference between "law", "rule by courtesy" and "morality". "Law" is a criminal law formulated by the imperial government, and "courtesy" is considered by the traditional society as a moral norm that the scholar-officials must follow, but it is an orthodox and top-down norm that the rulers advocate and "educate" in order to maintain the social order of "three cardinal guides and five permanents" and "respect for inferiority and difference". Folk morality, on the other hand, comes from some spontaneous simple concepts such as "accumulate virtue", "be kind", "be merciful" and "don't do to others what you don't want others to do to you".

Therefore, "rule by courtesy" and "rule by virtue" are not exactly the same thing. The code of conduct of "rule by courtesy" is to safeguard the interests of monarchical power, clan power, patriarchy, husband power and squire. The film "Home" adapted from Ba Jin's novel vividly illustrates the cannibalism and immorality of "rule by courtesy". In some social scenes, "rule by courtesy" suppressed the simple morality of the people. For example, the "three cardinal guides and five permanents" upheld by the "ceremony" praised the "martyrs". Young widows who commit suicide will be commended by their families, communities and even the court, and they will set up a "chastity memorial arch", but the people will cry behind their backs and say that this is "committing iniquity". Although "courtesy" advocated by Confucianism and popular "accumulated virtue" overlap in some behavioral norms (such as filial piety to parents), there are also many examples showing that there are conflicts between them (such as widow martyrdom), so "rule by courtesy" does not mean that "rule by virtue" regulates people's behavior with simple moral concepts. The "rule by virtue" here does not refer to the "art of governing the country" promoted by the rulers, but only refers to a code of conduct and the corresponding spontaneous civil society order.

In the traditional rural areas of China, almost every village has temples, including Buddhist temples and Taoist temples, but most of them are city gods, land, dragon kings and local "effective" land gods. People will go to the Chenghuang Temple to ask for visas, ask questions and cry out their grievances. The people's awe of "what goes around comes around" has formed the spiritual foundation and cultural atmosphere of "ruling the country by virtue" in thought and behavior. However, with the cleansing of previous political movements, this simple folk "rule by virtue" no longer exists after liberation.

During the "Cultural Revolution" in the 1960s, those acts of imprisoning and persecuting others (including relatives, colleagues, neighbors, teachers, etc.). ) under the banner of revolution, it is "sinful" from the perspective of traditional morality, but it has become the "most revolutionary" fashionable behavior advocated and supported by the government. "Fighting against private interests and criticizing repairs" can be said to be the "ceremony" of the Cultural Revolution, and this "red rule of etiquette" implemented in the name of revolution, like the rule of etiquette in feudal society, has a "criminal" side that violates basic human nature in practice.

At the same time, since liberation, especially during the Cultural Revolution, the movement of "breaking the four old styles" has had a direct and comprehensive impact on folk religions, which in a sense also destroyed the folk belief system that "accumulated virtue" and "committed iniquity" must be punished. Except those who live in remote villages in remote mountainous areas, grandparents and young parents rarely give their children moral advice on "Don't be evil". I am afraid that the most repeated warning to children is the utilitarian warning that "study hard, you can earn money in the future and become an official". The word "evil" is used and appears less and less in people's daily life. Does this mark the development of society?

Or moral degeneration in a sense?

While emphasizing the law, the consciousness of "evil" in society is generally diluted, regardless of whether doing "immoral things" will be "retribution" or simply denying the existence of "retribution". Is it one of the reasons why people's moral standards are declining today? Durkheim believes that "if moral power loses its social authority, it must be a chaotic state in which might is right".

Can China's traditional folk moral norms (such as "evil") be transformed and utilized to some extent as some local folk resources for regulating social behavior in China? In the process of combing the essence and dross of our traditional culture today, and in the process of re-understanding our own culture and achieving "cultural consciousness", this may still be a question worth thinking about.

Crime and Evil: China's "Rule of Law" and "Rule of Virtue"