Business, Thought, and Management Articles --- Han Feizi and Rule of Law --- Do not Bend the Law by Emotions
The ruler may want to bend the law carelessly when he/she is emotional. You may want to forgive the sin of the stealer if you hear the sinner was in poor circumstances. On the contrary, if you hear the victim was in poor circumstances, you may want to tighten the punishments.
The ruler may want to bend the law carelessly when he/she is emotional. You may want to forgive the sin of the stealer if you hear the sinner was in poor circumstances. On the contrary, if you hear the victim was in poor circumstances, you may want to tighten the punishments.
However, it is not good to bend the law once you have established.
Do not change the rewards and punishments by changing the law, even if you are tempted, things like very compassionate and receiving the praise from people in that case.
When the ruler bend the law, it becomes the precedent.
That is, if similar incidents occur afterwards, people will bend the law habitually as per precedent.
Once the nation bend the law habitually, it cannot be said to be where the rule of law prevails.
When you hand down a judgment, it is important not to be moved by emotions. Be careful on handling such incidents that people are easily moved.
Dare to determine the punishments on the basis of the law strictly even if the people are sympathetic to the incident.
By doing so, the people fear, recognize and comply the law.
When people fear and recognize the law, they will faithfully keep the law. Conversely, if the ruler bend the law moved by the emotion, people will disregard the law, and will not keep the law enough.
The incidents that should be judged by the law is not only one.
If you make the wrong precedent, the law will be watered-down.
Therefore, don't be moved by the emotion. Don't bend the law so easily.
*Return to Han Feizi and Rule of Law
Many Disputes if without Law
People belong to and live in society more or less. It is hard to secure foods and housing by all alone. It is important to support each other and create a society in order to survive in the harsh natural environment.
Power and Human Desire
Establish laws and control those who disturb the order so that the organization works properly. There are some people who disturb the order in the organization. The authority must have power to keep the order of the organization.
To Compensate Personal Weakness
Organization is a gathering of people. Each person has personal weaknesses. The organization can hide the weaknesses and take advantage of their strength. The organization can exert the strength when people help together.
Govern by Law Rather Than Love
The leader of the organization must govern the people in it. The leader shall govern people by law. Various problems will occur if leader try to govern them by love or benevolence only.
Personal Preferences
Every human has personal preferences. Human mind often loves something and someone, and hates something and someone. However, if people of social organization speak and act as they like only, many big problems will be generated.
Law Shall be Straightforward
The law is to make organization to function healthily, and is to strengthen the organization. In order to achieve those, the law shall be simple and clear. It will not be understood by the people if it is not simple and clear. The law that are not understood are not kept.
Rewards and Punishment Shall be Fair
Even there is a law, if rewards and punishments are not performed on the basis of the law, it has no effect. People will ignore the law if they do not obtain rewards by following the law, and if they do not get punishments by breaking the law.
Use the Behavior of People
Establishing a law is not only to regulate the behavior of people, but also to call for action to the people. It is important to prevent the people behave selfishly in social organization, but it is also important to encourage people to work for the country.
Carry Out the Strict Law
It says "good medicine is suffering to mouth". Good law is strict to the people. Hence many people would be against establishing the law. Many people would want to select the effortless way because they just do not like short-term suffering.
Rely not on Fortune Telling nor Arguments But on Law
To operate the nation, you should rely on the law, rather than relying on fortune telling or argument. It is out of the question to rely on fortune telling in politics. Argument also is not a dependable because it can be changed by atmosphere, speculation of people, and age.
Dismiss Speakers
Speakers are those who are sophistic and try to make benefits by speaking. The leader should dismiss speakers because they confuse people by speaking. The speakers disturb the order of the law.
Avoid Being Detected Your Preferences
Those involved in national politics need to take care so that their personal preferences should not be detected by people. When people around you detect your personal preferences, they will take advantage by various means for their benefits. Then national politics would be compromised.
Do not Swallow the Information
Information hold the fate of the politics. For the healthy national operation, it is essential to keep up a system to obtain accurate information by putting various antenna. However, all incoming information cannot necessarily reliable.
Do not Give Power
Organization will function normally only when the law is established firmly. The law is established only when simple and clear law is made and rewards and punishments are carried out based on the law. Power is required in order to properly perform the rewards and punishments.
Do not Act Voluntarily
There is a proverb that the person who take the first action will win. This is the thought to win by attacking at once where the opponent is not prepared. However, in the national strategy, it seems that those who moved ahead are often defeated in battle.
Do not Bend the Law by Emotions
The ruler may want to bend the law carelessly when he/she is emotional. You may want to forgive the sin of the stealer if you hear the sinner was in poor circumstances. On the contrary, if you hear the victim was in poor circumstances, you may want to tighten the punishments.
Do not Rely on Foreign Countries
It is a too dangerous idea to rely national security on foreign countries. There is no guarantee that foreign countries will protect us forever. And, we will become compliant of the foreign countries in order to be protected.
