Liang Qichao's Collected Works on Law

Author: Fan Zhongxin
Publisher:
Publish Date: 2004-03-01
Features:
1. According to the theory of the national organism by Bernhardi, scholars since the 18th century have regarded the nation as society and the state as a collection of individuals, like gathering atoms to form matter. However, this has not grasped the truth. Merely mixing colors does not constitute a painting; merely piling up bricks does not constitute a palace; merely gathering veins and blood does not constitute a human being. The same applies to the state. The state is not merely a gathering of people, nor is it merely about treasury and institutional systems. It also has a will and actions. It cannot be named otherwise than as an organism. However, the state as an organism is not like plants and animals, which are naturally created. It is rather a product of human effort, evolving over generations to take shape. The origins of this evolution can be traced to two sources: one is the inherent nature and customs within the state, as well as the stimuli from external things; the other is the commands issued by rulers and the support of the people, which differ from natural products.
Nevertheless, although the creators are different, the state as an organism is the same. Let us compare the similarities between the state and ordinary organisms. (1) The spirit and body are combined (Note: The state has its own spirit and body, no different from a human being). (2) The limbs and organs (i.e., the various parts of the body) each have their own inherent properties and functions (referring to the different parts of the government and the parliament). (3) These limbs and organs should be connected to form a whole (referring to the constitution. Note: Without connection, the limbs and organs cannot function, and the same applies to the different parts of the state). (4) It first develops internally and then grows to reach externally (referring to the evolution of the state). From this, we can see that the state is indeed different from inorganic machines. Although machines are made up of many parts joined together, they are not like the state, which has limbs and organs. Therefore, machines cannot develop and grow, but the state can. The movement of machines follows a fixed track and cannot adapt to new situations; the state, however, has its own actions and decisions, so it is said that the state is not formed by technicians but by artisans. This is a brief outline of Bernhardi's theory of the national organism.
Note: This theory did not originate with Bernhardi. Plato of Greece often used the human body as an analogy for the state, and German scholars before him also touched upon it. However, it was only with Bernhardi that the theory was fully developed. If the state is an organism, then anything that is not an organism cannot be called a state. China, then, is a sick and weak organism, and it is only natural that it is not a state.
Another note: From the theory of the national organism, we can understand that any human-made creation similar to the state is also an organism, including legal entities. Therefore, if one wants to form a group without its mechanism, it is impossible to succeed.
2. On the difference between the nation and the people and their relationship Bernhardi believed that scholars often confuse the nation with the people, which is a misunderstanding. He defined the nation as follows: The nation is the result of the evolution of customs and traditions. The essential characteristics of a nation are eight: ① Initially, they live in the same place (only by living together can they form a nation. Later, a single nation may be scattered across different places, or different nations may live together in one place; this refers to the origin). ② Initially, they share the same bloodline (over time, they may absorb other ethnic groups and assimilate, so there may be different bloodlines within the same nation). ③ Similar physical features. ④ The same language. ⑤ The same script. ⑥ The same religion. ⑦ The same customs. ⑧ The same livelihood. With these eight characteristics, they unknowingly separate themselves from other ethnic groups, forming a unique group with inherent properties to pass on to their descendants. This is what is called a nation.