试析近代早期英格兰乡村纠纷解决

The Phenomena of “Compounding” in the Disputes Resolution of Village in Early Modern England

近代早期英格兰乡村纠纷往往按照当地习俗解决,当事人很少诉诸法律解决渠道,看在邻居、同乡的情面上,要么放过侵害者,要么采取私罚、调解、排斥等民间惯用的处理方式,只有那些被社区普遍认定为道德败坏者才被起诉到法院。近代早期英格兰"乡土社会"的民间心理土壤和"国家-社会"结构这两个基础性条件相辅相成,共同塑造了英格兰乡村纠纷解决的模式,使得传统得以保留,这与英格兰总体法治化进程并不矛盾。

The rural disputes in early modern England had always been compounded according to the local customs. To begin with, the due party had hardly taken legal approach. For the sake of fellowship and neighborhood, they often excused misfeasors or allowed many informal actions to be taken, such as private punishments, mediation and exclusion. Only those who had been identifi ed as degenerate persons were prosecuted in a court. The pattern of disputes resolution which was shaped by the popular mentalities in the rural society and 'state-society' structure in early modern England not only led the 'compounding' to be reserved, but also was consistent with the whole process of rule of law in England.