汉代道德与法律的关系研究——以汉代“劫质”案例考察为中心

Study on the Relationship between Morality and Law in the Han Dynasty——Emphasized on Judicial Cases of hijacking in the Han Dynasty

道德与法律作为调节社会关系、维护社会秩序、规范人们思想行为的重要手段倍受汉代统治阶级重视。在汉代道德与法律两者之间并非是一种简单的并存关系,其中在汉代道德观念中体现着深刻的法律思想,而在汉代法律思想和司法实践中同样体现着厚重的道德观念,而汉代道德与法律的关系也处在不断变化与发展的汉代社会之中。而本文通过对汉代"劫质"案的考察就集中体现了笔者对汉代道德与法律关系问题的一种诠释。

Ethics and law as important means of the regulator of social relations and the maintaining power of social order, concurrently means of modifying people＇s thought and behaviours were seriously noticed by the ruling class of the Han Dynasty. In the Han Dynasty, the relationship between morality and law is not a simple one the moral concept embodied a kind of profoundly legal thinking, and vice versa. Still more, the relationship between morality and law was continuously changeable and developing in the equally evolutionary society of the Han Dynasty. The thesis on ＂hijacking＂ cases shows the author＇s new viewpoint about the relationship between morality and Law .