“无私货”与“蓄私财”——宋代女性嫁妆权利的一种解读

From "No Private Properties" to "Saving Private Properties":Dowry Law and Practice in Song Dynasty

儒家伦理要求"子妇无私货,无私畜,无私器,不敢私假,不敢私与。"然而,在大量有关宋代社会生活的文献记载中,我们发现,当时女性的嫁妆权利是受保护的。宋代法律文本兼有对儒家伦理的认可和对女性嫁妆权利的保护,这在司法实践中也得到了印证。在宋代,道德、法律和社会生活之间存在着复杂的关系,女性嫁妆权利作为一种特殊的财产权利获得了张力之下的生存空间,这一结论应该更加接近于客观真实。

Women＇s property rights were limited by Confucian morals.They were not allowed to keep or deal with their private properties,even their dowry.However women＇s property rights were protected by dowry law and the recorded practice confirm it.Contradictories exist in law,practice and people＇s opinions.Women＇s dowry rights were protected due to the existence of the contradictories.That was a metaphor of Chinese traditional law,and shows the real history of Chinese ancient society.