《大清律例》视野下“宝玉挨打”之法律解读

Legal interpretation of "Bao Yu's being beaten" in the vision of The Codex of Qing Dynasty

关于《红楼梦》中"宝玉挨打"一事,诸多红学家有不同的解读,但均忽视其法律意义。以《大清律例》为视角,对贾宝玉"违反教令"的行为予以法律考察,可以发现贾政杖责贾宝玉有明确的法律依据,而《清律》对家长权的规制是这一事件的合法性和合理性的基石。由此可以管窥《红楼梦》塑造的法律世界。

Many specialists have different interpretations about the plot of ＂Bao Yu＇s being beaten＂ in A Dream of Red Mansion, but they all ignore the legal meaning. From the angle of Qing Code, by investigating Bao Yu＇s behavior of ＂violating feudal ethics＂, it is found that Jia Zhengg punishment on Baoyu is in accordance with the law and the patriarchal leadership in Qing Code is the base of its legality and reasonability. From this, we can have a restricted view on the law world shaped in A Dream of Red Mansion.