rule of man

Rule of man{{Efn|also rule of men; differentiated from rule by man or rule by men;{{Sfn|Jenco|2010|p=1}} consider "rule of persons" or "rule by person";{{Sfn|Chenguang|2010|p=11}} consider "rule of an individual" or "rule of individuals"; consider "government of men" as opposed to "government of laws";{{Cite journal|last=Cotton|first=James|date=1979|title=James Harrington as Aristotelian |url=https://www.jstor.org/stable/190946| journal=Political Theory|volume=7|issue=3|pages=374|doi=10.1177/009059177900700305|jstor=190946|s2cid=145229391|issn=0090-5917}} not to be confused with "rule of people" in relation to a democracy or China.{{Cite journal|last=Chew|first=Pat K|date=2005|title=The Rule of Law: China's Skepticism and the Rule of People|url=https://core.ac.uk/download/pdf/159560352.pdf|journal=Ohio State Journal on Dispute Resolution|volume=20|issue=1|pages=45–46, 48–49|quote=...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|via=core.ac.uk}}}} (where "man" is used in a genderless manner{{Sfn|Gowder|2018|p=336|ps=. (...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."}}) is a type of personal rule in an unaccountable rebounded{{clarify|date=May 2024}} society where rules change from ruler to ruler. It is a society in which one person, regime, or a group of persons, rules arbitrarily.{{Sfn|Gowder|2018|p=336|ps=. (...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."}}{{Sfn|Gowder|2018|p=338}} 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.{{Sfn|Ocko|Gilmartin|2009|p=55|ps=. ...the rule of law and the rule of man as oppositional

yet paradoxically intertwined notions...}}{{Sfn|Ocko|Gilmartin|2009|pp=59, 70}}

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.{{Sfn|Bovero|2018|loc=8}} 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.{{Citation|last=Waldron|first=Jeremy|title=The Rule of Law|date=2020|url=https://plato.stanford.edu/archives/sum2020/entries/rule-of-law/|encyclopedia=The Stanford Encyclopedia of Philosophy|editor-last=Zalta|editor-first=Edward N.|edition=Summer 2020|publisher=Metaphysics Research Lab, Stanford University|access-date=2021-09-20}}{{Sfn|Chang|2015|p=vii}}

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), and regimes like Joseph Stalin and the Communist Party of the Soviet Union, and Adolf Hitler and the NSDAP.{{Sfn|Bovero|2018|loc=11}}{{cite journal |last1=Sempill |first1=Julian |title=The Rule of Law and the Rule of Men: History, Legacy, Obscurity |journal=Hague Journal on the Rule of Law |date=December 2020 |volume=12 |issue=3 |pages=511–540 |doi=10.1007/s40803-020-00149-9}} Bad government is considered inherent to personal rule.{{Sfn|Bovero|2018|loc=7}} 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.{{Sfn|Bovero|2018|loc=7}}

Rule of man vs. rule of law

= As independent and oppositional notions =

File:Federico Halbherr Gortyn.jpg 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 DictionaryOxford 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 ed., 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".]]

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."{{Cite web|last=Shah|first=Syed Akhtar Ali|date=2021-08-17|title=Rule of law or rule of men?|url=http://tribune.com.pk/story/2316116/rule-of-law-or-rule-of-men|access-date=2021-09-19|website=The Express Tribune}} However Plato, Aristotle's teacher, had championed the rule of man, "an exceptional figure, capable of ruling better than the best laws".{{Sfn|Bovero|2018|loc=8}} 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.{{Cite web|title=Thomas Hobbes (1588–1679): Themes, Arguments, and Ideas|url=https://www.sparknotes.com/philosophy/hobbes/themes/|access-date=2021-09-19|website=SparkNotes|language=en}}{{Cite book|last=Hobbes|first=Thomas|url=https://en.wikisource.org/wiki/Leviathan|title=Leviathan|year=1651|quote=...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.|via=Wikisource}}

James Harrington would go on to pen the phrase "a government of laws and not of men" in 1656,{{Cite web|first=James |last=Harrington |title=The Commonwealth of Oceana |year=1656|url=https://www.marxists.org/reference/archive/harrington-james/1656/oceana/ch01.htm|access-date=2021-09-19|via=Marxists Internet Archive}} which in turn found its way into the Constitution of Massachusetts where John Adams was the principal author.{{Cite book|last=Corwin|first=Edward S.|url=https://books.google.com/books?id=Df-tDwAAQBAJ|title=Corwin on the Constitution: The Foundations of American Constitutional and Political Thought, the Powers of Congress, and the President's Power of Removal|date=2019|publisher=Cornell University Press|isbn=978-1-5017-4172-2|page=84}}{{Cite web|last=Mathews|first=Amanda A.|date=2008|title='A Government of Laws and Not of Men': John Adams, Attorney, and the Massachusetts Constitution of 1780|url=https://dlib.bc.edu/islandora/object/bc-ir:102172/datastream/PDF/view|website=Boston College}} 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."{{Cite news|title=The Supreme Court: Marbury v. Madison|url=https://archive.nytimes.com/www.nytimes.com/library/politics/scotus/articles/court-marbury-decision.html|access-date=2021-09-19|newspaper=The New York Times}} In 1977, a former Supreme Court of India judge, Hans Raj Khanna, stated in a speech,H. R. Khanna (9 September 1977). [http://www.nja.nic.in/3%20Rule%20of%20Law%20HR%20Khanna.pdf "Rule of Law"]. New Delhi.

{{Blockquote|text=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.|author=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.{{Sfn|Chenguang|2010|pp=1, 12}} 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.{{Cite journal|last=Leng|first=Shao-Chuan|date=Fall 1977|title=The Role of Law in the People's Republic of China as Reflecting Mao Tse-Tung's Influence|url=https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6029&context=jclc|journal=Journal of Criminal Law and Criminology|volume=68|issue=3|pages=356–373|doi=10.2307/1142585|jstor=1142585|via=Northwestern University School of Law Scholarly Commons}} 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.{{Sfn|Chang|2015|p=vii}} {{Lang-zh|p=Renzhi|labels=no}}, translated by western scholars as 'rule of man', could be better explained as 'rule of people'.

Absence of rule of law implies the absence of a legislature, judiciary, and a legal administrative and enforcement system.{{Sfn|Chenguang|2010|p=1}} On the other hand, rule of man is associated with the lack of a legal system, that is, lawlessness.{{Sfn|Chenguang|2010|p=1}}

= 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.{{Sfn|Ocko|Gilmartin|2009|p=55|ps=. ...the rule of law and the rule of man as oppositional yet paradoxically intertwined notions...}}{{Sfn|Ocko|Gilmartin|2009|pp=59, 70}}

{{Blockquote|text=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.{{Sfn|Ocko|Gilmartin|2009|p=57}}}}

References

;Notes

;References

;Bibliography

{{Cite journal|last=Gowder|first=Paul|date=Winter 2018|title=Resisting the Rule of Men|url=https://scholarship.law.slu.edu/lj/vol62/iss2/8|journal=Saint Louis University Law Journal|volume=62|issue=2}}
{{Cite journal|last=Bovero|first=Michelangelo|date=2018-06-01|title=This issue. Next issues. Call for papers|url=http://journals.openedition.org/tp/282|journal=Teoria Politica|language=en|issue=8|pages=15–20|issn=0394-1248}}
{{Cite book|last=Chenguang|first=Wang|url=https://books.google.com/books?id=nj-EjS0xyN4C|title=China's Journey Toward the Rule of Law: Legal Reform, 1978–2008|date=2010|publisher=Brill|isbn=978-90-04-18419-0|editor-last=Dingjian|editor-first=Cai|language=en|chapter=Chapter One: From the Rule of Law to the Rule of Man|editor-last2=Chenguang|editor-first2=Wang}}
{{Cite journal|last=Jenco|first=Leigh K.|date=2010|title='Rule by Man' and 'Rule by Law' in Early Republican China: Contributions to a Theoretical Debate|journal=The Journal of Asian Studies|volume=69|issue=1|pages=181–203|doi=10.1017/S0021911809991562|jstor=20721775|issn=0021-9118|doi-access=free}}
{{Cite book|last=|first=|url=https://books.google.com/books?id=h_kUCgAAQBAJ|title=The Limits of the Rule of Law in China|last2=|first2=|last3=|first3=|date=2015|publisher=University of Washington Press|isbn=978-0-295-80389-0|editor-last=Turner|editor-first=Karen G.|language=en|chapter=|editor-last2=Feinerman|editor-first2=James V.|editor-last3=Guy|editor-first3=R. Kent}}
— {{Cite book|last=Chang|first=Wejen|url=https://books.google.com/books?id=h_kUCgAAQBAJ|title=The Limits of the Rule of Law in China|date=2015|publisher=University of Washington Press|isbn=978-0-295-80389-0|editor-last=Turner|editor-first=Karen G.|language=en|chapter=Foreword|editor-last2=Feinerman|editor-first2=James V.|editor-last3=Guy|editor-first3=R. Kent}}
— {{Cite book|last=Guy|first=R. Kent|url=https://books.google.com/books?id=h_kUCgAAQBAJ|title=The Limits of the Rule of Law in China|date=2015|publisher=University of Washington Press|isbn=978-0-295-80389-0|editor-last=Turner|editor-first=Karen G.|language=en|chapter=Rule of Man and the Rule of Law in China: Punishing Provincial Governors during the Qing|editor-last2=Feinerman|editor-first2=James V.|editor-last3=Guy|editor-first3=R. Kent}}
{{Cite journal|last1=Ocko|first1=Jonathan K.|last2=Gilmartin|first2=David|date=2009|title=State, Sovereignty, and the People: A Comparison of the 'Rule of Law' in China and India|journal=The Journal of Asian Studies|volume=68|issue=1|pages=55–100|doi=10.1017/S0021911809000084|jstor=20619670|issn=0021-9118|doi-access=free}}