On the Rule of Virtue, Rule of Law, and Litigations Recorded in the Official History “Biographies of Law-Abiding Officials”

Abstract

Rule of virtue and rule of law are institutional tools for maintaining social order. This paper selects typical cases recorded in “Biographies of Honest and Law-Abiding” in the official history and summarizes the practices and experiences of the ancient rulers in implementing the rule of virtue and the rule of law in the practice of governance. The honest and upright officials with the rule of virtue as the foundation aimed to develop the economy, benefit the people and enrich the people, and then teach them and promote ethical indoctrination. However, they did not rely on indoctrination alone, and those who could not be indoctrinated were punished according to law. Punishment was based on indoctrination. Litigation was transformed into a process of indoctrination as much as possible, and the rule of virtue and the rule of law were integrated with the process of litigation. Through indoctrination, the Confucian ideal of “no litigation” was gradually achieved. However, with the development of the commodity economy, social problems became more complex. Some local officials went to great lengths to pursue “zero litigation” in order to flaunt their achievements,which however deviated from the Confucian concept of “benevolent government.”

Keywords

“Biographies of Law-Abiding Officials / ” rule of virtue / rule of law / litigation

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Higher Education Press