On Xun Zi's Thought Of The Rules

Xunzi's thought on rituals and laws, the formation of which resulted from an agglomeration of great achievements of philosophers before Qin dynasty, had exerted a great influence on the formation of the ancient Chinese tradition of mutual dependence of morality and legality, still is a great doctrine for us to draw ideas from to construct a socialist political and legal system with Chinese characteristics today. Therefore, it has great theoretical and practical importance to study xunzi's thought.The emergence of thoughts on rituals and laws, retrospectively can be traced back to the Primitive Society of tribes. The Chinese ritual system originated from the practices of sacrifices to Tian and ancestors in prehistory clan and tribe society, came into its upheaval in west zhou dynasty in order to vindicate political legality and maintain social stability. In the spring and autumn period and the warring states period, the Confucian school found by Confucius and Mencius, theorize the traditional ritual practices to reveal its metaphysical nature. Meanwhile, in the process of emergence of penal code from its matrix in ritual system, the law school came forth, which accomplished unprecedented theorization of legal practice. From an agglomeration of great achievements of philosophers, especially of those in Confucian school and law school, Xunzi created his peculiar thought on rituals and laws by fusion of the preceding ritual and law theories.Xunzi founded "the separation of Tian and Human being theory" and "bad human nature" theory as the rationale of his thought on rituals and laws. The former, namely the separation of Tian and human being theory, by denial of divinity of heaven, set store by subjective initiative of human being, to assert normalization of rituals and laws. The later, namely the"bad human nature" theory advocated by Xunzi, gives rise to the importance of the morality cultivation, therewith bad man converted to sage eventually by normalization of rituals and complementary laws. Comparatively different to Mencius" doctrine, but continuity between thoughts of Mencius and Xunzi still can be found by scrupulous study.Xunzi's ritual and law thought is inclusively rich, and comprises of ritual dogmas, relations between rituals and laws, political policy of "emphasis on Li and Fa", etc. Xunzi's ritual doctrine is a complete system which explicitly articulates the origin, essence and principles of rituals. As a successor of Confucian school. Xunzi attaches importance to the moral edification of ritual practice and recognize its primary in political measures. Therefore, legal resort can provide supplementary only, insofar as it can generate temporary solution. Whereas, in contrast to Confucius and Mencius's debasement of legality. Xunzi thinks highly of governmental law. insofar as that several scholars excavate from Xunzi's writings the identity of ritual and law. Exhibited in his political proposal of emphasis on rituals and laws. Xunzi's thought on rituals and laws exerts great influence on subsequent convergence of Confucian school and legal school in the history of Chinese ancient thought since Han dynasty.The expounding of relation between rituals and laws is a critical and controversial part of Xunzi's thought. Several disputation of modern scholars occurred on the assertion of relation of rituals and laws to decide who is right between advocates of primary rituals and complementary laws and advocates of identity of rituals and laws. We take stand by the former school after meticulous study on Xunzi's doctrine.The historical perspective of this article exhibited itself in explanation of Xunzi's doctrine in the process of transformation and development of philosophy of ancient China, especially pre-Qin period. Under this historical perspective, disputations on the origin, content, nature and its historical role of Xunzi's thought on rituals and laws can be articulated freshly. In as much as it affected the development of political and legal system in ancient Chinese history, and revealed its influence in the transformation of modern China. Therefore, the study on Xunzi's thought of rituals and laws, will be contributive to our understanding and enhancement of current political and legal system in contemporary China.