Rule of Law and Rule of Virtue in the Modern Political Perspective

Author: Dai Mucai
Publisher:
Publish Date: 2007-01-01
Features: In terms of the macro development of human society's political structure, there are primarily two forms of socio-political systems: "rule of man" and "rule of law." Correspondingly, the relationship and nature between "rule of law" and "rule of virtue" mainly exist within these two socio-political systems. Under the political system of "rule of man," politics holds a special importance and a "central position." The socio-economic, political, and cultural fields revolve around politics, existing in a state of "unity." "Law" serves merely as a control method for "rule of man," while "rule of virtue" becomes the dominant approach and implementation tool of "rule of man." In the political state of "rule of law," the socio-economic, political, and cultural fields tend toward a relatively separated state. "Rule of law" and "rule of virtue" gain relative autonomous domains, which determines that "rule of law" and "rule of virtue" must inevitably combine dialectically. In the modern political perspective, the constitutional system marks the establishment of the dialectical unity paradigm of "rule of law" and "rule of virtue," serving as the institutionalized form of modern "virtue-law integration." It fundamentally reflects the organic unity of political values and political systems, establishing the legitimacy foundation of modern politics from both the value and institutional perspectives—i.e., "rule of virtue" and "rule of law." From the perspective of political values, it establishes the "rule of virtue" connotation of popular sovereignty and basic human rights; from the perspective of political institutions, it establishes the "rule of law" connotation of procedural legitimacy recognized by the people. It is an integration of a series of political concepts, political cultures, and institutional arrangements, including the protection of citizens' basic rights, popular sovereignty, representative democracy, separation of powers and checks and balances, and the supremacy of the rule of law.