礼法之间:清水江文书的定性问题

Between Etiquette and Law: The Qualitative Question for Folk Document of Qingshui River

清水江文书是黔东南清水江流域特定经济基础和地域文化的历史产物,具有独特的民族文化特质。深入考察其约束力之来源和作用方式,可知它不同于纯粹法律意义的契约,而是介于礼法之间的一种特殊的文化存在,它在法的外形中包含着传统礼文化的精神。准确而深入地定性清水江文书,对开展相关研究具有根本性指导意义。

The folk document of Qingshui River is a historical product with specific economic base and regional culture in Southeast of Guizhou, which has a unique national cultural characteristic. If we dig into the source and effect way of its binding force, we would discover that it is different from contract of legal meaning, but is a kind of special culture between etiquette and law. In order to carry out relevant research deeply, it is of vital significance to determine the character of the folk document accurately.