属辞比事:判例法与《春秋》义例学

Composition Style and Distinguishing Skill: Case Law and the Way to Understand the Doctrine of Spring and Autumn

《春秋》学在汉代政治法律中发挥巨大经世作用,与判例法实践的关系尤为紧密。《春秋》的"比事"之教,与判例法中的"比"有密切联系,《春秋》义例学是以"比事"为基础,总结归纳圣人的裁断原则,体现出"无达例"的灵活面貌。《春秋》的"属辞",即书法、笔法,是"比事"的体现。不能简单类比史书修撰体例理解《春秋》义例。董仲舒对《春秋》比事智慧做了深入的阐发,对《春秋》义例学做出重要贡献。

The Spring and Autumn had played an important role in the judicial practice, especially the Case law in Han dynasty. The way to understand the differences of the historical records by which to interpret the great meaning of the Confucius was sort of like the distinguishing technique in Case Law. The Doctrine of the Spring and Autumn was open to diversified interpretation. The composition style of Spring and Autumn was based on the distinguishing skill by which to interpret the historical records. It was more complicated than the writing style of usual historical works. Dong Zhongshu did a lot to show the distinguishing skill by which to understand the Doctrine of Spring and Autumn.