传统司法裁判中的女性因素考量——以清代司法判牍档案为中心

Female as a Factor in the Traditional Justice System: Based on the Archives of Judicial Verdicts in Qing Dynasty

清代司法判牍档案中,女性的性别身份、社会角色是司法裁判予以考量的重要因素。珍视名节操守的未婚女、守节孀居之寡妇、年迈笃疾的母亲等女性形象得到了司法裁判者的关注,并影响了司法裁判结局,而嚣悍之妇的撒泼逞刁无一例外遭到司法裁判者的严厉打压。传统司法裁判对涉讼女性身份、角色的考量,其本质是男权社会对女性角色的选择性塑造。对女性符合角色期待的行为予以肯定,而对不符合角色期待的行为予以打压,以塑造服从男性统治的合格女性。

In the Qing archives of judicial verdicts, the females and their social roles were an important factor to be considered in the justice system. Judges paid high attention to unmarried women who held highly their virtuoso, widows who remained loyal to their deceased husbands and refused to remarry, and the elderly mothers and such attention often influenced the outcome of their judgments. Yet, women who were strong and argued for their defense were severely suppressed and harshly punished by judges. The essence of these different judgments of women who were involved in judicial procedures in Qing was a consideration of women and their roles that were influenced by the choice of the male dominated society. Women who met the expected roles were affirmed, while others who did not were suppressed in order to enforce the ideal women who were obedient to male’s domination.