Cognitive Basis and Significance of Xuntzu's Legal Philosophy
Intellectuality is the foundational element of Xuntzu's philosophy on rites and law.Xuntzu diverged from Mencius by discarding the theory of innate knowledge and goodness and divided human nature into emotional and intellectual dimensions.He further proposed a cognitive model where humans are the subjects of intellectuality and all things are the objects of cognition.Based on this,he articulated a unique legal philosophy:the sage-king maximizes the development of intellectuality to transform nature and establish laws,while ordinary people use their intellectuality to understand the objective reality and effectiveness of rites and laws,thereby comprehending and adhering to norms.This approach aligns with Voegelin's transition from a compact cosmological rationale to a differentiated existential philosophy,where Xuntzu and his sage-kings cultivated intellectuality as a response to divine manifestation.To defend the differentiated existential reality,they set"knowing to stop is goodness"as the cognitive goal and limit,maintaining a balance between the adherence to and openness of rites and laws.Xuntzu advocated for both the steadfast adherence to rites,laws,and penal designations,and the timely creation of new legal terms,fully utilizing intellectuality in judicial practice to apply the law.Xuntzu's epistemology significantly shaped his thoughts on rites and law,marking an important node in the formation of traditional Chinese legal philosophy.
Xuntzucognitionrites and lawlegal developmentVoegelin
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