"'Rule of Law' or 'Rule by Law'? In China, a Preposition Makes All the Difference" (Josh Chin, WSJ, Oct 20, 2014)

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Last updated 1:34 AM on 10/18/26
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5 Terms

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Thesis

China’s fazhi is officially translated as rule of law but it actually means rule by law. This indicates that law is a tool of the party, not a limit on it.

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Rule of Law vs. Rule by Law

Rule of law — leaders are constrained by law
Rule by law — law used as a tool, like Hitler’s nuremberg laws

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2 Chinese Traditions

Legalists: draconian laws, reward and punishment
Confucians: rule by a viruous elite

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Victor Mair

Rule of law is a subset of rule by law; the nuremberg laws example

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Link to textbook

Hobbes (the sovereign is above the law) versus locke (the rulers are bound by law)

Confucian rule by the virtuous resembles plato’s philosopher-rulers.

The legalists contrast with mozi and mencius