论唐律对孝德培养的法律化

On the legalization of the cultivation of the virtue of filial piety in the Tang Lu

唐律的孝德培养机制体现为"家国分工,各司其职,互相配合"的特点。首先,是由"国法"为"家庭"规定了"服从"的价值导向以及"同居共财"的"大家庭"的生活环境;其次,是"家庭功能"的发挥;在"服从"的价值导向以及传统"礼俗"文化的双重作用下,通过"大家庭"特有的生活环境机制实现对"顺从"习惯的养成;最后,当父祖离世时,"国法"再次介入"家庭",为子孙规定了"过渡期"的家庭生活环境及相应的行为原则。唐律以"同居共财"的"大家庭"为基础,以"服从"为价值导向,围绕"大家庭"这个媒介为子孙的成长设置了一系列的有针对性的生活环境条件,最终实现了以"顺德"为核心的"孝德"的培养。

This paper is to reveal the mechanism of the cultivation of the ＂virtue of filial piety＂ in the Tang Lu.The cultivation mechanism of＂the virtue of filial piety＂in the Tang Lu was characterised by the division between family and nation, which are functioning respectively and cooperating mutually. Firstly, the ＂national law＂ prescribed ＂subjection＂ as the value orientation and created the environment for ＂cohabiting extended family with common property＂. Secondly, with the orientation of the value of ＂subjection＂ and the working of the ＂traditional rites＂, it was the specific environment set up by the Tang Lu for the ＂family＂ that played a critical role in the cultivation of the ＂obedience＂. Lastly, when fathers and grandfathers passed away, the ＂national law＂ intervened in ＂family affairs＂ again, prescribing the relative regulations for the family lives in the ＂transitional period＂, which provided conditions for the training and strenthening of the ＂virtue of obedience＂.In short, based on ＂cohabiting extended family with common property＂, oriented by the value of ＂subjection＂, The Tang Lu set up the comprehensive and specific environment where the descendants were brought up. Then the ＂virtue of filial piety＂ with the ＂virtue of obedience＂ as its central part was finally cultivated.