Rule of man

Last updated

Rule of man [lower-alpha 1] (where "man" is used in a genderless manner [6] ) is a type of personal rule in an unaccountable rebounded 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]

Contents

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]

About

Negative associations

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]

Rule of man vs. rule of law

As independent and oppositional notions

Archeologist Federico Halbherr at Gortyn (Crete, Greece), deciphering Gortys law code (inscription on the circular wall). As opposed to the rule of man, the rule of law, is ..."the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes". ~ Oxford English Dictionary Federico Halbherr Gortyn.jpg
Archeologist Federico Halbherr at Gortyn (Crete, Greece), deciphering Gortys law code (inscription on the circular wall). As opposed to the rule of man, the rule of law, is ..."the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes". ~ Oxford English Dictionary

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]

As dependent and overlapping notions

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]

See also

Related Research Articles

In logic, the law of non-contradiction (LNC) states that contradictory propositions cannot both be true in the same sense at the same time, e. g. the two propositions "p is the case" and "p is not the case" are mutually exclusive. Formally, this is expressed as the tautology ¬(p ∧ ¬p). The law is not to be confused with the law of excluded middle which states that at least one, "p is the case" or "p is not the case", holds.

Natural law is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that 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."

<span class="mw-page-title-main">Political philosophy</span> Sub-discipline of philosophy and political science

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, liberty, justice, property, rights, law, and the enforcement of laws by 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.

<span class="mw-page-title-main">Thomas Hobbes</span> English philosopher (1588–1679)

Thomas Hobbes was an English philosopher. Hobbes is best known for his 1651 book Leviathan, in which he expounds an influential formulation of social contract theory. In addition to political philosophy, Hobbes contributed to a diverse array of other fields, including history, jurisprudence, geometry, theology, and ethics, as well as philosophy in general. 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. The term derives from the Greek: αριστοκρατία, meaning 'rule of the best'.

<span class="mw-page-title-main">Social contract</span> Concept in political philosophy

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.

<i>Leviathan</i> (Hobbes book) Book by Thomas Hobbes

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 and political philosophy, in social contract theory, religion, and international law, the term state of nature describes the hypothetical way of life that existed before people organised themselves into societies. 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?".

<span class="mw-page-title-main">Carl Schmitt</span> German jurist and political theorist (1888–1985)

Carl Schmitt was a German jurist, political theorist, and prominent member of the Nazi Party. Schmitt wrote extensively about the effective wielding of political power. An authoritarian conservative theorist, he is noted as a critic of parliamentary democracy, liberalism, and cosmopolitanism. His work has been a major influence on subsequent political theory, legal theory, continental philosophy, and political theology, but its value and significance are controversial, mainly due to his intellectual support for and active involvement with Nazism.

<span class="mw-page-title-main">Negative liberty</span> Freedom from interference by other people

Negative liberty is freedom from interference by other people. Negative liberty is primarily concerned with freedom from external restraint and contrasts with positive liberty. The distinction originated with Bentham, was popularized by T. H. Green and Guido De Ruggiero, and is now best known through Isaiah Berlin's 1958 lecture "Two Concepts of Liberty".

<span class="mw-page-title-main">Robert Filmer</span> 17th-century English philosopher

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.

<span class="mw-page-title-main">Early modern philosophy</span> Period in the history of philosophy

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 in 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.

Mixed government is a form of government that combines elements of democracy, aristocracy and monarchy, ostensibly making impossible their respective degenerations which are conceived 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.

<i>Republic</i> (Plato) Philosophical work written by Plato around 375 BC

The Republic is a Socratic dialogue, authored by Plato around 375 BCE, 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 effects 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. Political science as a whole occurs all of the world in certain disciplines, but can also be lacking in other specific aspects of the term.

Absurdity is a state or condition of being extremely unreasonable, meaningless or unsound in reason so as to be irrational or not taken seriously. "Absurd" is an 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 fanciful, foolish, bizarre, wild or nonsense. 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.

<i>Scientia potentia est</i> Latin aphorism often claimed to mean organized "knowledge is power"

The phrase "scientia potentia est" is a Latin aphorism meaning "knowledge is power", commonly attributed to Sir Francis Bacon. The expression "ipsa scientia potestas est" occurs in Bacon's Meditationes Sacrae (1597). The exact phrase "scientia potentia est" was written for the first time in the 1668 version of Leviathan by Thomas Hobbes, who was a secretary to Bacon as a young man. The related phrase "sapientia est potentia" is often translated as "wisdom is power".

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."

<i>Leviathan and the Air-Pump</i> Book by Steven Shapin

Leviathan and the Air-Pump: Hobbes, Boyle, and the Experimental Life is a book by Steven Shapin and Simon Schaffer. It examines the debate between Robert Boyle and Thomas Hobbes over Boyle's air-pump experiments in the 1660s. In 2005, Shapin and Schaffer were awarded the Erasmus Prize for this work.

<span class="mw-page-title-main">Body politic</span> Metaphor comparing a polity to a body

The body politic is a polity—such as a city, realm, or state—considered metaphorically as a physical body. Historically, the sovereign is typically portrayed as the body's head, and the analogy may also be extended to other anatomical parts, as in political readings of Aesop's fable of "The Belly and the Members". The image originates in ancient Greek philosophy, beginning in the 6th century BC, and was later extended in Roman philosophy. Following the high and late medieval revival of the Byzantine Corpus Juris Civilis in Latin Europe, the "body politic" took on a jurisprudential significance by being identified with the legal theory of the corporation, gaining salience in political thought from the 13th century on. In English law the image of the body politic developed into the theory of the king's two bodies and the Crown as corporation sole.

References

Notes
  1. also rule of men; differentiated from rule by man or rule by men; [1] consider "rule of persons" or "rule by person"; [2] consider "rule of an individual" or "rule of individuals"; [3] consider "government of men" as opposed to "government of laws"; [4] not to be confused with "rule of people" in relation to a democracy or China. [5]
References
  1. Jenco 2010, p. 1.
  2. Chenguang 2010, p. 11.
  3. 1 2 Shah, Syed Akhtar Ali (2021-08-17). "Rule of law or rule of men?". The Express Tribune. Retrieved 2021-09-19.
  4. Cotton, James (1979). "James Harrington as Aristotelian". Political Theory. 7 (3): 374. doi:10.1177/009059177900700305. ISSN   0090-5917. JSTOR   190946. S2CID   145229391 via JSTOR.
  5. 1 2 Chew, Pat K (2005). "The Rule of Law: China's Skepticism and the Rule of People" (PDF). Ohio State Journal on Dispute Resolution. 20 (1): 45–46, 48–49 via core.ac.uk. ...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
  6. 1 2 Gowder 2018, p. 336. (...henceforth use the traditional term "the rule of men" to contrast "the rule of law," but the reader is asked to interpret "men" in a non-gendered fashion.) [...] "I will say that we have "the rule of men" or "personal rule" when those who wield the power of the state are not obliged to give reasons to those over whom that power is being wielded—from the standpoint of the ruled, the rulers may simply act on their brute desires."
  7. Gowder 2018, p. 338.
  8. 1 2 Ocko & Gilmartin 2009, p. 55. ...the rule of law and the rule of man as oppositional yet paradoxically intertwined notions...
  9. 1 2 Ocko & Gilmartin 2009, p. 59, 70
  10. 1 2 Bovero 2018, 8.
  11. Waldron, Jeremy (2020), "The Rule of Law", in Zalta, Edward N. (ed.), The Stanford Encyclopedia of Philosophy (Summer 2020 ed.), Metaphysics Research Lab, Stanford University, retrieved 2021-09-20
  12. 1 2 Chang 2015, p. vii.
  13. Bovero 2018, 11.
  14. "Three Alternatives to the Rule of Law" . The Law Dictionary. Retrieved 2021-09-20. 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...
  15. 1 2 Bovero 2018, 7.
  16. Oxford English Dictionary online. The phrase "the rule of law" is also sometimes used in other senses. See Garner, Bryan A. (Editor in Chief). Black's Law Dictionary, 9th Edition, p. 1448. (Thomson Reuters, 2009). ISBN   978-0-314-26578-4. Black's provides five definitions of "rule of law": the lead definition is "A substantive legal principle"; the second is the "supremacy of regular as opposed to arbitrary power".
  17. "Thomas Hobbes (1588–1679): Themes, Arguments, and Ideas". SparkNotes. Retrieved 2021-09-19.
  18. Hobbes, Thomas (1651). Leviathan via WikiSource. ...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.
  19. "James Harrington: The Commonwealth of Oceana 1656". www.marxists.org. Retrieved 2021-09-19.
  20. 1 2 Corwin, Edward S. (2019-06-30). Corwin on the Constitution: The Foundations of American Constitutional and Political Thought, the Powers of Congress, and the President's Power of Removal. Cornell University Press. p. 84. ISBN   978-1-5017-4172-2.
  21. Mathews, Amanda A. (2008). ""A Government of Laws and Not of Men": John Adams, Attorney, and the Massachusetts Constitution of 1780". Boston College.
  22. "The Supreme Court: Marbury v. Madison". archive.nytimes.com. Retrieved 2021-09-19.
  23. Justice H.R. Khanna (9 September 1977) "Rule of Law". New Delhi.
  24. Chenguang 2010, p. 1, 12.
  25. Leng, Shao-Chuan (Fall 1977). "The Role of Law in the People's Republic of China as Reflecting Mao Tse-Tung's Influence". Journal of Criminal Law and Criminology. 68 (3): 356–373. doi:10.2307/1142585. JSTOR   1142585 via Northwestern University School of Law Scholarly Commons.
  26. 1 2 Chenguang 2010, p. 1.
  27. Ocko & Gilmartin 2009, p. 57
Bibliography

Further reading

Audio