solarz
Brigadier
There exists a word in Chinese, Li, that encompasses western concepts of Etiquette, Tradition, and even Morality. It spells out how a person should behave toward their parents, spouse, sibling, children, superiors, underlings, and peers. In Chinese psychology, to act against Li is the equivalent of being immoral.
To illustrate how central Li is to the Chinese culture, the Han ethnicity is not a genetic construct, it is a cultural construct. Before the Han Dynasty, the Chinese called themselves the "Huaxia". Even though the land that would later become China was split into several independent kingdoms, there was this clear demarcation between the "Huaxia" people, and the "Yi" (barbarians). The term "Huaxia" is composed of two words: "hua", denoting the beautiful clothes they wore, and "xia", denoting the etiquette that they followed. Those people who followed that etiquette were considered to be "Huaxia", and those who didn't, were considered to be "Yi".
Two thousand years later, Li is just as important as ever. The Cultural Revolution tried to suppress it, but ultimately failed. In feudal China, Li was far more important than law. Crimes against Li were punished more severely than other crimes. Theft, for example, was often punished by corporeal punishment or even mutilation, but to use items or wear clothes that were for those above ones station, the punishment was death.
We often say that China is not a law based society, but it's not China's laws that are the problem. China has comprehensive laws designed to protect its citizens. The problem is with the enforcement of those laws, and the biggest obstacle to that enforcement is the fact that Chinese culture considers Li to be above the Law.
This is why guanxi, or connections, are so important. When you cultivate a connection with someone, Li dictates that reciprocation is necessary. That the reciprocation may go against the Law is not even a part of the consideration. How do you properly enforce the Law when everyone thinks they can be an exception?
This is why I think that in order for China to become a law based society, it needs to reconcile the differences between its laws and Li. There needs to be provision specifically designed to deal with situations where the Law and Li comes into conflict. Chinese laws need to be designed with a way for people to follow both, because when they have to choose between the two, most Chinese will choose to follow Li over the law.
To illustrate how central Li is to the Chinese culture, the Han ethnicity is not a genetic construct, it is a cultural construct. Before the Han Dynasty, the Chinese called themselves the "Huaxia". Even though the land that would later become China was split into several independent kingdoms, there was this clear demarcation between the "Huaxia" people, and the "Yi" (barbarians). The term "Huaxia" is composed of two words: "hua", denoting the beautiful clothes they wore, and "xia", denoting the etiquette that they followed. Those people who followed that etiquette were considered to be "Huaxia", and those who didn't, were considered to be "Yi".
Two thousand years later, Li is just as important as ever. The Cultural Revolution tried to suppress it, but ultimately failed. In feudal China, Li was far more important than law. Crimes against Li were punished more severely than other crimes. Theft, for example, was often punished by corporeal punishment or even mutilation, but to use items or wear clothes that were for those above ones station, the punishment was death.
We often say that China is not a law based society, but it's not China's laws that are the problem. China has comprehensive laws designed to protect its citizens. The problem is with the enforcement of those laws, and the biggest obstacle to that enforcement is the fact that Chinese culture considers Li to be above the Law.
This is why guanxi, or connections, are so important. When you cultivate a connection with someone, Li dictates that reciprocation is necessary. That the reciprocation may go against the Law is not even a part of the consideration. How do you properly enforce the Law when everyone thinks they can be an exception?
This is why I think that in order for China to become a law based society, it needs to reconcile the differences between its laws and Li. There needs to be provision specifically designed to deal with situations where the Law and Li comes into conflict. Chinese laws need to be designed with a way for people to follow both, because when they have to choose between the two, most Chinese will choose to follow Li over the law.