Today, in my Chinese politics class, we discussed the book, Will the Boat Sink the Water?, by Chen Guidi and Wu Chuntao. It is a bracing description (it describes more than it explains) of the pervasive corruption in rural China.  A book anyone interested in rural China should read.  The English-edition title refers to an old saying (which the authors ascribe to Emperor Taizong of the Tang Dynasty, but which I am fairly certain is from Xun Zi) about how the people are the water and the leader is the boat, with the obvious implication that only a ruler who attends to the needs of the people will stay afloat.  The situation is so bad, however, that it is quite natural to ask: will the abuse of power by those in the "boat" of political power ultimately "sink" rural people?

      One thing that struck me about the book was its Confucian overtones, which are likely unintentional on the part of the authors.   The main horror stories of bureaucratic repression of farmers all end with the bad guys getting their due.  At some point along the way, remonstrance works.  After repeated attempts at petitioning, farmers finally find that one virtuous higher level leader to help them out (or, alternatively, sympathetic media coverage helps prick the consciences of upper level administrators).  The bureaucratic-authoritarian system that gives so few real opportunities for farmers to find redress for their grievances, both relies upon petitioning and abhors it. 

    The authors recognize the problems here.  Justice is not served by a  system that creates incentives for ostensibly good people in administrative positions to cheat and steal from the farmers. Corruption is inherent and endemic.  But as long as the Party is unwilling to consider more fundamental changes (a truly autonomous judicial system; the expansion of free and fair and regular competitive elections; a scaling back of Party power) the occasional good ending will remain just that, occasional.  It is a shame that a victory by farmers against corrupt officials is so unusual that it is heralded today by the China Daily as a significant breakthrough.  It is 2007 and we are still supposed to take this as something special…

    In any event, it reminds me of the limitations of Confucian governance, which would rely upon virtuous people making sound judgments based upon the totality of circumstances.  Laws might figure in such a system, but they would be secondary to the superior discernment and wisdom of the Jun Zi. The system would depend upon good people to make it work.

     And that, of course, made me think of James Madison in Federalist #51:

If men were angels, no government would be necessary. If angels
were to govern men, neither external nor internal controls on government would
be necessary.

     Men, sadly, are not angels; and angels do not govern men.  Systems of government that rely on the virtue of leaders are thus doomed.  If power is overly concentrated in the hands of "good" people, it will not take long for a bad person to come along and abuse that power, setting a new, lower standard for political behavior that will be copied by others.   Only when power is divided and dispersed, when each branch or department has a certain autonomy from the others, and a certain interest in the limitations of the others, can we have greater confidence that justice will be served.  We cannot rely upon the goodness of leaders; we have to create systems that limit the power of any one leader, like the petty tyrants at the bottom end of the party-state apparatus in the PRC.

     The Madisonian response is not the only one, however.  Han Fei Tzu also scoffed at the Confucian reliance on virtuous leaders.  How many truly good gentlemen are there?, he asked.  Not many.  Confucius had only a few disciples who struggled to live up to his standards and he himself never succeeded politically.  So, Han Fei Tzu reasons, it is too idealistic.  Better just to concentrate power at the top and terrorize everyone else, ministers included, with strict laws and harsh punishments. 

     The CCP says that it wants to turn away from such bleak Legalism.  Wen Jiabao and Hu Jintao style themselves as caring men of the people.  But they are not angels.  There are no angels.  If they really want to serve the people, then best to divide and disperse power.

Boat

      UPDATE: Charlie’s been reading the same book

Sam Crane Avatar

Published by

3 responses to “No Angels”

  1. The Cloudwalking Owl Avatar

    What a sad situation. It strikes me that there are problems to Western legalism too—.
    In North America we are increasingly selecting all our positions based on technocratic criteria to the exclusion of anything else and then robbing the people selected of any ability to think creatively or use common sense. I’m a community activist who has worked for decades on substantive issues and am constantly appalled at the way various officials have become little more than robots that apply idiotic rules and regulations that sometimes make no sense whatsoever in our changing world. When anyone attempts to appeal to “common sense” or raise substantive issues that are outside of the extremely limited terms of reference for a specific administrative body, they get instantly shut down.
    It is true that in China people can bribe corrupt officials. In North America the wealthy hire expensive lawyers who then play “gotcha” and use the letter of the law to jerk around the public. I suspect that it is impossible to create a exam system to select for honour and morality, but I do think that I can be at least used as a criteria for selecting officials. More importantly, I think that there is something very bad in our educational system in that it seems that public administration, political science and business schools seem to teach young people that ethics is a lot of “bull” and that all that counts is the “bottom line”.

    Like

  2. Sam Crane Avatar

    Owl,
    You are right, of course. I agree that we should not banish all considerations of character from our assessments of political leadership. And I agree that overly bureaucratic practices can become absurd at times. But we should not design political institutions in the expectation that the virtuous will actually rule. That requires a certain amount of bureaucratization but might be a barrier against tyranny. Imagine if the US system was not as divided and dispersed as it is: Bush would have wrought even more damage than he has…

    Like

  3. Charlie Avatar

    I think what made the book have such an impact was that it was very well-written: everyone loves a happy ending. Not all the stories ended happily, but the one (I can’t remember names of places and people off the top of my head) where the Party secretary was removed from his post after the villagers’ repeated Beijing expeditions couldn’t help but put a smile on my face.
    Thing is to us Westerners, the fact that it took such extremes for them to get ‘justice’ is a damning verdict on the system, and proof of a greater injustice. But maybe to many ordinary Chinese (and the book was written in Chinese first), with their more limited knowledge of the law and a grounding in Confucian thought and tales of justice coming down from on high, perhaps they still saw justice being served, and ultimately that is all that matters?
    Perhaps I’m underestimating the general awareness of Western law among ordinary Chinese.

    Like

Leave a reply to The Cloudwalking Owl Cancel reply