摘要
中国自古以来法家就有轻视儒士文人甚至视之为"蠹"的传统。鼓吹评"法"批"儒"的时代把是"法"非"文"推向了极端。这些都与特定时代的统治权力之争有极大的关联。如今要想打着加强统治权的旗号行褒"法"贬"文"之实已无可能,是"法"非"文"由思想层面转向了语言形式层面,也就是以法律语言规范文学语言,以至文学语言尤其诗歌语言在某些法律学者的眼里"逻辑混乱,语言拉杂,病句连篇",其中刘大生教授的名文《病句走大运——从海子的自杀说起》很有代表性。文学语言与法律语言差异很大,对二者进行辨析有助于消除人们对文学语言尤其诗歌语言的偏见和误解。
The legalist school looked down upon the Confucian scholar even regarded the one as the moth since ancient times.The comment from the legalist school to the Confucian school had the greatest esteem for the legalist school and defamed the Confucian school exceedingly in the Great Culture Revolution.These were all related to fight for the sovereignty of the particular times.With the influence of these opinions,some legal experts think the literary language should comfort to the standard of the legal language now.Otherwise,the literary language should be too bad to be understood.For example,Pro.Liu Dasheng considered the poetry language of Haizi had been very disorder and ill-organized in ＂the ill-chosen sentences in good luck ： reviewed from the suicide of Haizi ＂.We should distinguish carefully between the literary language and the legal language in order to clear up people＇s prejudice and misunderstanding against the literary language.
关键词
是“法”非“文”
刘大生
海子
文学语言
法律语言
Legalist School
Confucian School
Liu Dasheng
Haizi
Literary Language
Legal Language
