| the idea that the state is purely a construct of laws enforced by threat of violence is closer to legalism and not something xunzi favors. he sees law and punishment as a last resort for eliminating the minority of people who can't be handled any other way, but trying to rule principally on the basis of coercion is doomed to failure. one of his essays is an extended lecture on why the qin state (to become the qin dynasty) will be overthrown unless they stop trying to govern this way for xunzi the main tool to run the state is that nebulous word "ritual." roughly this means the government should behave virtuously to inspire civic duty and pride, encourage people to cultivate themselves and behave properly in the context of their personal relationships, and use the tools of civic religion (in his time sacrifical rites, sumptuary laws, military ceremonies) to impress people with majesty rather than instill fear. on the mundane end it should make punishments light, lower taxes, handle natural disasters, and maintain a military that mostly fights defensive or just wars. through this he believes people will mostly act virtuously through a felt sense of obligation to and appreciation for each other, ie social trust and social responsibility there are legitimate points of criticism though, I think the main ones from a western individualist democratic perspective would be that he considers a hierarchical (albeit strictly meritocratic) social structure to be absolutely essential, and that the confucian social network style behavior regulation may depend inherently on social shame, which tends to be smothering xunzi's dim view of human nature is superficially similar to hobbes (and both came from similar times of brutal civil war) but while hobbes says "and the people have to agree to give absolute power to a dictator" xunzi says "and the people need a model for how to be better" any confucian system is necessarily grounded in virtue, so you still have the classic problem of "what if the ruler isn't virtuous." I do think this is fundamentally unsolvable though. at the end of the day no clever government structure can work around the fact that whoever holds the final say is ultimately sovereign. checks and balances evaporate in times of crisis and we've just been lucky most of the presidents so far who got that supreme authority (lincoln and fdr being the most notable) were relatively virtuous |