从传统法的“礼”看“母以子为贵”

Reading “Mother Is Prized Because of Her Son” From “Rites” in Traditional Law

一个多世纪以来,传统法(“礼”)在中国被当成法治的绊脚石遭受唾弃。本文试图说明“母以子为贵”是中国传统社会“礼”的表现形式。“礼”要求每个人遵守符合其身份地位的行为规范,从而维系稳定的社会秩序。当代中国农村社会在一定程度上仍然保持着传统农业社会的结构,农村人口的“男孩偏好”具有一定的必然性。无论我们是否承认,传统法的“礼”在中国改革开放二十多年后依然普遍存在。然而,在传统法文化的继承和发展问题上,我们又有必要分清良莠,并根据时代的要求和价值取向重新解释中华传统法文化的精神。

Over the last century, ＂rites＂ in traditional law have been considered in China as obstacles to rule by law and were ditched. This paper holds that the saying ＂mother is prized because of her son＂ is a manifestation of＂rites＂ prevailing in traditional Chinese so- ciety. ＂Rites＂ required everyone to observe behavior codes in accordance with him/her status so as to maintain social stability. Today＇s rural society in China has, to some extent, kept structure of a traditional agricultural society. ＂Preference for son＂ among rural population is inevitable. Whether we admit it or not, ＂rites＂ in traditional law remain in tack in China even after two decades of reforms. On the question of inheritance and development of traditional culture, however, we need to separate merits from flaws and re-explain the gem of Chinese traditional culture based on the demands of the time and value orientation.