家作为方法:理解中国法律史课程内涵的进路之一

Using Family as a Method:An Approach to Comprehending the Implications of the Course “Legal History of China”

因近代法制与社会变革之故,传统法律的适用基础、体例内容与现代法律皆不同。如何讲透课程精神,让学生理解课程体系,是课堂教学的主题。实践中,可以将家作为方法梳理课程内容,即礼产生于对家族祖先的祭祀,家国同构是古代王朝的治理基础,士人治家与官僚治民有相同的理路,家族成员的人伦关系决定刑罚原则和亲人间的责任义务,情理与国法有共同的价值目标与适用基础。尝试由家切入,有助于学生融入情境,更好地感受和理解课程内涵。

Because of the changes in the legal system and society in modern times,the application basis and style of traditional law were different from those of modern laws.How to explain thoroughly the spirit of the course “Legal History of China” and enable students to understand the course is the theme of classroom teaching.In practice,the family can be sued as an approach to sort out the main content of the course:rites arose from sacrifices to the ancestors of the family,the isomorphism of the family and the state was the governance basis of ancient dynasties,the same logic applied to scholar-officials governing their family and the bureaucrats governing the people,the human relations between the family members determined the principle of punishment and the responsibilities and obligations between family members,and human feelings and the national laws had the same value goal and application basis.Beginning from the family is helpful for students to blend into the situation and better feel and understand the connotation of the course.