Comment on “The concept of ritual in Confucian thought and its implications for social order”The relationship between ritual and law has become a significant topic in Chinese philosophical research. Wu and Zhao (2024) This article delves into the issue, drawing on Xunzi’s perspectives on the interplay between ritual and law.
In A Short History of Chinese Philosophy, Mr. Feng Youlan characterizes Mencius as representing “the idealist school of Confucianism” and Xunzi as “the realist school of Confucianism”. Mencius attached great importance to Confucius’s concept of “benevolence” and advocated for the cultivation of one’s inner world. He highlighted the importance of human subjective value and developed a systematic theory of benevolence. Xunzi inherited Confucian ideas of “ritual” and promoted “ritual governance”. He focused on the study of the external world, emphasizing governance through both rituals and law. Xunzi also offered ideological and system designs for national unification and proposed a practical, realist theory of ritual.
As a representative of Confucian realism, Xunzi advocated for the teachings of Confucius, emphasizing the use of both rituals and laws to govern the state. The significance of “rituals” was first highlighted within political systems, where political rituals were seen to have the same effect as laws. Consequently, those who violated rituals were to be punished, signaling that punishments and laws were inter-wined and subordinated to political rituals. Therefore, rituals and laws were unified, with ritual governance inherently including legal (punitive) governance. Law was no longer independent; instead, its development was bound and constrained by rituals. However, during the Spring and Autumn Period, ritual and music system began to collapse, leading to a gradual separation of rituals and laws, with rituals becoming little more than a formality. At this point, laws became independent of rituals and increasingly became the core tools used by politicians. A notable example of this shift was when “Zichan cast the penal code into a bronze tripod”. Although Confucius strongly criticized this act, the rationality behind the existence of law could not be denied. The boundary between rites and laws remained blurred. From the Warring States Period to the unification of the Qin Dynasty, “law” was fully separated from rituals, becoming independent and evolving into law in the true sense. Legalists played a crucial role in reforming and strengthening state laws, elevating law to a central role in national politics and governance. Meanwhile, rituals were gradually abandoned by the ruling class, and the separation between rites and laws was completed.
Confronted with the fluctuations between ritual and law, Xunzi recognized the limitations of Confucian ritual governance and the advantages of Legalist rule. From his perspective, Mencius’s approach to ritual governance, grounded in the goodness of human nature, was too idealistic and difficult to real-world needs. On the other hand, Shang Yang’s emphasis on legal coercion led to utilitarianism and totalitarianism, ignoring human emotions and values. Seeking a middle path, Xunzi drew from both Confucianism and Legalism to develop his own ideas. He maintained “ritual” as the core of governance, but placed more emphasis on “law” compared to earlier Confucian thought. Moreover, he argued that “penal politics” and military regulations should play an irreplaceable role in national governance. While stressing both “ritual” and “law”, Xunzi enhanced the political status of “law” and distinguished its functions from those of ritual. His new understanding of the relationship between ritual and law reflected the unique characteristics of his philosophy.
To adapt to new hierarchical systems, both ritual and law governance systems have their unique characteristics and significance. The two complement each other and are indispensable. In Xunzi’s thought, law serves as a supplement to ritual and has the following characteristics: First, ritual and law target different groups. Rituals are meant for good people and virtuous people, while laws are designed to control those who are bad or unvirtuous. Secondly, Xunzi placed great emphasis on law, advocating for appropriate punishment. He believed that the formulation and enforcement of written laws would help prevent and suppress criminal behavior. At the same time, Xunzi pointed out that the severity of punishment should match the nature of the crime and not be excessive. Only then can crime, violence, and evil be eliminated, thus avoiding the situation where “violence is rewarded and thieves are leniently treated.” The punishment should be balanced--not too severe, nor too lenient-- and must correspond to the nature, circumstances, and consequences of the crime. Xunzi also pointed out that even if a father is evil, it should not harm the goodness of the son, and even if an elder brother is evil, it should not prevent the younger brother from being virtuous, thus avoiding the injustice of punishing someone for the wrongdoings of others (Yan, 2023, p.15).
Finally, from Xunzi’s perspective, “law” serves as an essential safeguard to deal with challenges and difficulties of group life as well as the inherent evil in human nature. Xunzi did not limit law to specific provisions; instead, law was regarded as a means of deterrence and persuasion. In this context, law is divided into two main aspects: punishment and reward. Punishment is for those who violate the rituals and laws, while reward for those who observe them. Violating rituals and laws reflects the embrace of humanity’s evil tendencies and the failure to achieve self-discipline and moral improvement. On the other hand, abiding by rituals and laws represents the transformation of one’s nature, the accumulation of virtue, and the cultivation of goodness. In group life, there are gentlemen who respect Heaven and follow the Way, fear righteousness and be chaste; and there are also villains who are insidious, cunning, and exhibit bad behavior. Gentlemen are naturally inclined to observe rituals and righteousness, and can restrain themselves. Ordinary people, too, have the heart to follow the law and accumulate goodness. However, villains must be regulated by the force of criminal law and punishment.
Xunzi emphasized the unity of ritual and law, while also highlighting their differences. Ritual serves as the overarching framework and guiding principle of law, whereas law acts as a supplement and practical tool to enforce ritual. He stated, “In The Book of Rites, ritual is the foundation of social norms and law, serving as the core principle to maintain order and distinguish between groups and behaviors (Qi, 2022, p.135).” There are also sayings such as, “Only through the guidance and regulation of ritual and righteousness can appropriate laws and systems be established to maintain social order and justice.” This demonstrates that, from Xunzi’s perspective, rituals and righteousness provide moral guidance, while laws are specific rules for action. Therefore, as conceptual categories, the logical progression between “ritual” and “law” is that “ritual” comes first, followed by “law.” In Xunzi’s Wangba chapter, he states, “Be sincere in righteousness in your intentions and will, add righteousness to the measures and standards of law, and apply them to political affairs (Zhang, 2021, p. 165).” This further illustrates the distinction between Xunzi’s view of “ritual and law” and the legalist view of law. While both advocate for a system of concrete and objective laws, the core value underlying each differs. The primary reason Xunzi championed “law” was to ensure the realization of “rule by ritual” and to protect this system through the “rule of law,” rather than pursuing the ideal of “rule of law” alone.
During the Han Dynasty, Xunzi’s ideas on respecting rituals and emphasizing law were fully realized. Confucianism and Legalism merged, and the integration of rituals and laws became the foundation of China’s traditional political system, continuing through to the Qing Dynasty. Liang Qichao even argued that “two thousand years of politics in China all originated from Xunzi.” However, in the late Qing Dynasty, the introduction of Western ideas, new systems, and new cultures led to the breakdown of China’s traditional political system and order. The concept of respecting rituals and laws was increasingly challenged by Western democracy and the rule of law, leading to a renewed separation of rituals and laws. This highlights the profound and lasting impact of Xunzi’s theory of “respecting rituals and emphasizing law” as the cornerstone of China’s political system and social order. His ideas had a far-reaching influence on China’s traditional politics and ideological culture.
Acknowledgements
The study was supported by “The London Missionary Society and Modern Canton, Hong Kong and Marco (Grant No. GD22XSH05)”.
References
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» https://revistas.marilia.unesp.br/index.php/transformacao/article/view/16348 - YAN, C.S. “Ritual” as “Law.” Rule of Law Society, v.4, p.12-26, 2023.
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