Constraining the Ruler: On Escaping Han Fei's Criticism of Confucian Virtue Politics

One of Han Fei's most trenchant criticisms against the early Confucian political tradition is that, insofar as its decision-making process revolves around the ruler, rather than a codified set of laws, this process is the arbitrary rule of a single individual. Han Fei argues that there will be disastrous results due to ad hoc decision-making, relationship-based decision-making, and decision-making based on prior moral commitments. I lay out Han Fei's arguments while demonstrating how Xunzi can successfully counter them. In doing so, I argue that Xunzi lays out a political theory restricting the actions of the ruler through both the use of ritual and law, which allows him to develop a theory that legitimizes government while at the same time constraining itself. Xunzi's political theory makes important strides in its attempt to recognize the importance of the ruler as a moral exemplar while also restricting his control in the political process.