历史语境中的宽容(一)——12世纪西欧教会法论异端和绝罚

TOLERANCE IN A PARTICULAR HISTORICAL CONTEXT: 12TH CENTURY CANON LAW AND THE TREATMENT OF HERETICS

中世纪西欧教会曾严厉镇压异端运动 ,同时又有一系列宽容的思想和举措。这是逻辑混乱或虚伪吗 ?教会法对异端分子的处理展现了基督教宽容在特定历史语境中的存在和运作 ,也说明这一宽容的渊源不是对真理的怀疑和冷漠 ,而是出自对神恩的信心、对他人良知的尊重。真理只能在历史进程中得以认知 ,而对宽容的评价也只能在特定的历史语境中进行。按照 1 2世纪教会法学家格兰西的理解 ,处分异端分子的方式和举措典型地展示了正义和仁慈统合于爱 ,而爱就是关怀人类的拯救。不论是对罪犯处以绝罚还是鼓励他们与上帝和教会和解 ,相应的教会法规范都应该遵循 ,但是解释和应用法律必须考虑时间、地点、案件和当事人的特殊情形 ,据此减免刑罚或停止律法的施行。有时教会宽恕异端分子 ,期望他们能因此更快地纠正谬误。宽恕 ,不应该是神职人员渎职的借口 ;严格执法 ,也不应该蜕变成贪图和炫耀个人权威的机会。教会法对株连的批评尤其值得借鉴。教会法关于宽容的原则在律法的解释和施行中并未得到完全贯彻 ,迫害和滥用权威的现象时有发生 ,可知在寻求真理的同时又怀抱宽仁之心何其难也 !

Medieval churchmen know that tolerance ought not to lead people to indifference to truth, but should be based on Christian love into which justice and mercy are to be reconciled. They believe that heresy is a grave crime and the church has a pastoral duty to separate the wicked from the good, not only for the sake of Catholics who could be contaminated but also for the benefit of heretics who may be corrected through a sentence of excommunication. Although excommunication is a legal sanction with severe religious and social consequences, its purpose is medicinal. Not all crimes are punished in this world. Some are judged only by God. As a spirituale supplicium, excommunication is not to be inflicted upon innocent family members of heretics. While in reconciliation as well as in excommunication relevant canonical norms are to be observed, the rigor of law ought to be mitigated according to time, place and person. Exceptions and accommodations under certain circumstances are necessary in the interpretation and application of canons regarding heretics in order that their illness of soul may be better cured. Such is the tolerance in the historical context of medieval church. And deal principles embodied in this tolerance are not always practiced. Abuses of authority and law in the treatment of heretics are common in the Middle Ages, unfortunate but real.