Against the rule of man: the Confucian and Western traditions of good administration

Abstract

This article investigates the Confucian and Western traditions specifically with regard to the relation between morality, law and good administration. It is argued that the common opposition between the rule of man and the rule of law as reflecting the basic difference between the two traditions is inadequate. Confucianism can be better characterized positively as the rule of morality. It should also be noticed that ‘the rule of law’ is increasingly being introduced into the Chinese administration. Similarly, even though the Western tradition can be summarized in terms of the rule of law, it is acknowledged that ‘the rule of man’ cannot be avoided, and that morality is important. Both traditions oppose the rule of man, in as far as it refers to someone acting out his selfish preferences. It is concluded that good administration requires officials with both good morality and respect for the law; whether this is a kind of convergence is a matter of debate.

Points for practitioners

This article studies Confucian and Western administrative traditions in relation to the notion of good administration. It is argued that the common characterization and understanding of the Confucian tradition in terms of the Western reviled ‘rule of man’ is misguided. Rather than understanding the positive moral connotations of the Confucian good administrator it associates them with a specific negative notion; at the same time, overstressing the Western ‘rule of law’ may obscure the need for moral persons for good administration.