Rule of man [a] (where "man" is used in a genderless manner [6] ) is a type of personal rule in an unaccountable rebounded[ clarification needed ] society where rules change from ruler to ruler. It is a society in which one person, regime, or a group of persons, rules arbitrarily. [6] [7] While rule of man can be explained as the absence of rule of law, this theoretical understanding results in a paradox. Realism dictates that man and law do not stand apart and that the rules of each are not opposites. Rather law depends deeply on a state composed of men. [8] [9]
On the other hand, as a positive concept, the rule of man, "a man capable of ruling better than the best laws", was championed in ancient Greek philosophy and thinking as early as Plato. [10] The debate between rule of man versus rule of law extends to Plato's student Aristotle, and to Confucius and the Legalists in Chinese philosophy. [11] [12]
Rule of man is associated with numerous negative concepts such as tyranny, dictatorship and despotism, and their variations that have taken the form of the Thirty Tyrants, the Jacobin dictatorship (Reign of Terror) during the French Revolution, Caesarism, Bonapartism and spiritual gift politics (also known as charismatic power), [13] and regimes like Joseph Stalin and the Communist Party of the Soviet Union, and Adolf Hitler and the NSDAP. [14] Bad government is considered inherent to personal rule. [15] Despite theoretical associations of what constitutes a bad or good government, political realism dictates that rules will be established irrespective of the rulers being dictatorial or democratic, one or many. [15]
Aristotle associated individual rule to the absence of reason, to be animal-like, "to invest law then with authority is, it seems, to invest God and reason only; to invest a man is to introduce a beast, as desire is something bestial, and even the best of men in authority are liable to be corrupted by passion. We may conclude then that the law is reason without passion and is therefore preferable to any individual." [3] However Plato, Aristotle's teacher, had championed the rule of man, "an exceptional figure, capable of ruling better than the best laws". [10] The Sovereign exercises absolute authority and is not bound by any law, he as a person exists outside law; the philosopher Thomas Hobbes advocated such a society (including in his book Leviathan), saying that a society would be better if it had one absolute monarch as he would be free to choose and do what he thinks is best for the society without taking into account the opinions of others. [17] [18]
James Harrington would go on to pen the phrase "a government of laws and not of men" in 1656, [19] which in turn found its way into the Constitution of Massachusetts where John Adams was the principal author. [20] [21] In the 1803 Marbury v. Madison U.S Supreme Court case, Chief Justice John Marshall wrote "The government of the United States has been emphatically termed a government of laws, and not of men." [20] [22] In 1977, a former Supreme Court of India judge, Hans Raj Khanna stated in a speech, [23]
Ever since the beginning of civilisation, two conflicting viewpoints, rule of men or rule of law, have competed for acceptance. Although each school of thought has not lacked in its votaries, in the aggregate the thinking has been in favour of the rule of law. On occasions we have slipped back into government by will only to return again sadder and wiser to the rule of law when hard facts of human nature demonstrated the selfishness and egotism of man and the truth of the dictum that power corrupts and absolute power corrupts absolutely. Rule of law is now the accepted norm in all civilised societies. Even if there have been deviations from the rule of law, such deviations have been covert and disguised, for no government in a civilised country is prepared to accept the ignominy of governing without the rule of law.
— Justice Hans Raj Khanna, 1977
Countries such as China have developed and transitioned from 'rule of man' to 'rule by law', and finally to 'rule of law' from the 1970s onwards. [24] During the cultural revolution in China Mao Zedong was quoted as saying "Depend on the rule of man, not the rule of law"; however by the 1970s Mao started advocating a law based society in theory. [25] However similar concepts had their own origins in China as early as 536 BC, when Zi Chan attempted to make law less arbitrary and more permanent by getting it inscribed and put on public display. [12] Renzhi, translated by western scholars as 'rule of man', could be better explained as 'rule of people'. [5]
Absence of rule of law implies the absence of a legislature, judiciary, and a legal administrative and enforcement system. [26] On the other hand rule of man is associated with the lack of a legal system, that is, lawlessness. [26]
Laws, and the rule of law, is not isolated from man and the rule of man. There are a number of overlaps between the rule of man and the rule of law. Considering the rule of law and rule of man as independent opposites results in a paradox as law occurs within a state, and not independently. [8] [9]
Central to the operation of the rule of law... was a conceptual framing of the 'rule of law' and the 'rule of man' as oppositional notions, a paradoxical framing suggesting in both India and China that law somehow stood apart from the realm of everyday power. Yet law was deeply dependent on the state (staffed by men), and on the operation of state power. [27]
Natural law is a system of law based on a close observation of natural order and human nature, from which values, thought by natural law's proponents to be intrinsic to human nature, can be deduced and applied independently of positive law. According to the theory of law called jusnaturalism, all people have inherent rights, conferred not by act of legislation but by "God, nature, or reason". Natural law theory can also refer to "theories of ethics, theories of politics, theories of civil law, and theories of religious morality".
Political philosophy, or political theory, is the philosophical study of government, addressing questions about the nature, scope, and legitimacy of public agents and institutions and the relationships between them. Its topics include politics, justice, liberty, property, rights, law, and authority: what they are, if they are needed, what makes a government legitimate, what rights and freedoms it should protect, what form it should take, what the law is, and what duties citizens owe to a legitimate government, if any, and when it may be legitimately overthrown, if ever.
Thomas Hobbes was an English philosopher, best known for his 1651 book Leviathan, in which he expounds an influential formulation of social contract theory. He is considered to be one of the founders of modern political philosophy.
Aristocracy is a form of government that places power in the hands of a small, privileged ruling class, the aristocrats.
In moral and political philosophy, the social contract is an idea, theory, or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual. Conceptualized in the Age of Enlightenment, it is a core concept of constitutionalism, while not necessarily convened and written down in a constituent assembly and constitution.
Will, within philosophy, is a faculty of the mind. Will is important as one of the parts of the mind, along with reason and understanding. It is considered central to the field of ethics because of its role in enabling deliberate action.
In the field of political science, civics is the study of the civil and political rights and obligations of citizens in a society. The term civics derives from the Latin word civicus, meaning "relating to a citizen". In U.S. politics, in the context of urban planning, the term civics comprehends the city politics that affect the political decisions of the citizenry of a city.
Leviathan or The Matter, Forme and Power of a Commonwealth Ecclesiasticall and Civil, commonly referred to as Leviathan, is a book written by Thomas Hobbes (1588–1679) and published in 1651. Its name derives from the biblical Leviathan. The work concerns the structure of society and legitimate government, and is regarded as one of the earliest and most influential examples of social contract theory. Written during the English Civil War (1642–1651), it argues for a social contract and rule by an absolute sovereign. Hobbes wrote that civil war and the brute situation of a state of nature could be avoided only by a strong, undivided government.
In ethics, political philosophy, social contract theory, religion, and international law, the term state of nature describes the hypothetical way of life that existed before humans organised themselves into societies or civilisations. Philosophers of the state of nature theory propose that there was a historical period before societies existed, and seek answers to the questions: "What was life like before civil society?", "How did government emerge from such a primitive start?", and "What are the hypothetical reasons for entering a state of society by establishing a nation-state?".
Sir Robert Filmer was an English political theorist who defended the divine right of kings. His best known work, Patriarcha, published posthumously in 1680, was the target of numerous Whig attempts at rebuttal, including Algernon Sidney's Discourses Concerning Government, James Tyrrell's Patriarcha Non Monarcha and John Locke's Two Treatises of Government. Filmer also wrote critiques of Thomas Hobbes, John Milton, Hugo Grotius and Aristotle.
Early modern philosophy The early modern era of philosophy was a progressive movement of Western thought, exploring through theories and discourse such topics as mind and matter, is a period in the history of philosophy that overlaps with the beginning of the period known as modern philosophy. It succeeded the medieval era of philosophy. Early modern philosophy is usually thought to have occurred between the 16th and 18th centuries, though some philosophers and historians may put this period slightly earlier. During this time, influential philosophers included Descartes, Locke, Hume, and Kant, all of whom contributed to the current understanding of philosophy.
Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional law of the United States, ordered liberty means creating a balanced society where individuals have the freedom to act without unnecessary interference and access to opportunities and resources to pursue their goals, all within a fair legal system.
Mixed government is a form of government that combines elements of democracy, aristocracy and monarchy, ostensibly making impossible their respective degenerations which are conceived in Aristotle's Politics as anarchy, oligarchy and tyranny. The idea was popularized during classical antiquity in order to describe the stability, the innovation and the success of the republic as a form of government developed under the Roman constitution.
The Republic is a Socratic dialogue, authored by Plato around 375 BC, concerning justice, the order and character of the just city-state, and the just man. It is Plato's best-known work, and one of the world's most influential works of philosophy and political theory, both intellectually and historically.
While the term "political science" as a separate field is a rather late arrival in terms of social sciences, analyzing political power and the impact that it had on history has been occurring for centuries. However, the term "political science" was not always distinguished from political philosophy, and the modern discipline has a clear set of antecedents including moral philosophy, political economy, political theology, history, and other fields concerned with normative determinations of what ought to be and with deducing the characteristics and functions of the ideal state.
Politics is a work of political philosophy by Aristotle, a 4th-century BC Greek philosopher.
Absurdity is the state or condition of being unreasonable, meaningless, or so unsound as to be irrational. "Absurd" is the adjective used to describe absurdity, e.g., "Tyler and the boys laughed at the absurd situation." It derives from the Latin absurdum meaning "out of tune". The Latin surdus means "deaf", implying stupidity. Absurdity is contrasted with being realistic or reasonable In general usage, absurdity may be synonymous with nonsense, meaninglessness, fancifulness, foolishness, bizarreness, wildness. In specialized usage, absurdity is related to extremes in bad reasoning or pointlessness in reasoning; ridiculousness is related to extremes of incongruous juxtaposition, laughter, and ridicule; and nonsense is related to a lack of meaningfulness. Absurdism is a concept in philosophy related to the notion of absurdity.
Pleonexia, sometimes called pleonexy, originating from the Greek πλεονεξία, is a philosophical concept which roughly corresponds to greed, covetousness, or avarice, and is strictly defined as "the insatiable desire to have what rightfully belongs to others."
Articles in social and political philosophy include:
Criticism of democracy, or debate on democracy and the different aspects of how to implement democracy best have been widely discussed. There are both internal critics and external ones who reject the values promoted by constitutional democracy.
...what the West has sometimes labeled as a rule of man but is more accurately translated as the rule of people from the Chinese word renzhi
In recent times, the rule of man is best exemplified by the totalitarian states, such as Adolf Hitler's Germany or Joseph Stalin's USSR...
...to confer all their power and strength upon one man, or upon one assembly of men, [...] This is more than consent, or concord... I authorise and give up my right of governing myself to this man, or to this assembly of men, on this condition; that thou give up, thy right to him, and authorise all his actions in like manner. This done, the multitude so united in one person is called a COMMONWEALTH; in Latin, CIVITAS. This is the generation of that great LEVIATHAN, or rather, to speak more reverently, of that mortal god to which we owe, under the immortal God, our peace and defence.