Rule of Law vs. Benevolent Rule: Which Society Do You Envision?

Ever since humans began forming societies, the issues of power and governance have always been hot topics. 

From powerful minorities ruling the majority to democratic systems where everyone participates, various philosophies of governance have emerged. 

Recently, in our own society, the debate about 'governance by people' versus 'governance by system' has been rekindled, especially concerning personnel appointments. 

Which style of governance truly serves the people? 

Today, let's explore the fascinating history of the Rule of Law and Benevolent Rule, which has spanned East and West for centuries, to contemplate the true essence of governance.

1. 'My People' and 'My Organization': 

Why the Controversy?

Recent high-level government appointments have drawn criticism, labeled as 'stacking with one's own people' and 'over-representation of specific groups.' 

A leader representing the nation should ideally possess a universal perspective that embraces all citizens. 

However, appointments sometimes reflect a narrow background or ideology, leading to social conflict.

Particularly when someone whose life's work has been "punishing wrongdoers" becomes the head of state, there's concern that the inherent insularity of their former organization, and a strong emphasis on "my things, my people, my organization," might intensify. 

This raises a cautionary flag that 'Rule of Law,' which emphasizes laws and principles, could inadvertently morph into 'Hegemonic Rule' (패도정치). 

Is legalism truly a cure-all?

2. The Shadow of Legalism: 

The Tragic Lesson of Shang Yang in Qin Dynasty

A prime historical example of the consequences of rigid legalism is Shang Yang, the prime minister of Duke Xiao of Qin. 

His notoriously strict enforcement of laws was said to have eliminated theft, with even lost money on the ground remaining untouched. 

He implemented legalism to an extreme.

Yet, ironically, Shang Yang himself met a tragic end under the very laws and order he created. 

This starkly illustrates the inherent flaws that emerge when 'law' becomes 'power,' disregarding human morality, customs, and sentiments. 

Han Fei's philosophy also championed strong legalism, but ultimately, it revealed its limitations and had to be reined in with the passage of time.

This delivers a crucial message: no matter how fair and strict the Rule of Law may be, it must not overlook human nature and the complexities of society. 

While law should be a tool for justice, it can, at times, become a form of oppression itself.

3. Eastern Philosophy on 'True Governance': 

The Beauty of Reform and Restoration

Ancient Eastern wisdom, too, did not solely focus on 'law' and 'punishment.' 

The I Ching (Book of Changes) mentions hexagrams dealing with crime and punishment (21 Fire Thunder Sudden Striking, 22 Mountain Fire Adornment, 55 Thunder Fire Abundance, 56 Fire Mountain Traveler). 

However, it places a greater emphasis on 'moral transformation' (敎化) rather than mere punitive measures. 

The commentary on Hexagram 61 Wind Lake Inner Truth (澤上有風, 中孚. 君子以議獄緩死), states: "The superior person discusses legal cases and defers capital punishment." 

This underscores the need for a humane approach even when dealing with offenders.

This exemplifies the ideal of 'Benevolent Rule' (王道政治), which goes beyond simply enforcing laws to help those who have erred return to the right path. 

Hexagram 24 Earth Thunder Returning, first line (初九, 不遠復, 无祗悔, 元吉: Not far to return; there will be no cause for regret. 

Great good fortune) conveys a hopeful message: while anyone can make mistakes, great fortune awaits those who realize their errors and strive to quickly return to the correct path.

Ultimately, as the old saying goes, "Personnel is everything." Governing a nation isn't solely achievable through law. 

It requires establishing a rational 'system' rooted in moral principles and tailored to the current era. 

Within this system, 'people' must be guided to move in the right direction. This, indeed, is the true essence of governance.

Which form of governance do you believe leads to a better society? 

Is the strictness of law more important, or should human morality and moral transformation be prioritized? 

Share your thoughts in the comments below!