宋人诗文中的法观念

The Sense of Law in the Poetry and the Prose of Song Dynasty

在中华法制文明史上,两宋不仅立法详备,司法井然,而且在宋人诗词酬酢中,也浸润着深厚的法观念和法文化。其诗文中每每出现关于法的讨论和评判,有不少言论直指现实,切中肯綮,发散出耀眼的思想光芒。通过发掘宋人诗文中的法观念,我们可以直观感受到这一时期法制的律动,从而深化对宋朝法制的理解。在法律史学的研究中,以诗文证法史应该是一条蹊径,但我们在运用诗文材料时,必得明白作者是在何时、何地、何种境遇之下而作。只有既知人又论世,才有可能凭借个性化的诗文求得客观的历史真实。

In the history of Chinese legal civilization, it not only had the detailed legislation and orderly judicature, but also infiltrated the profound ideas of law and legal culture in the poems and the proses of Song Dynasty. The discussions and evaluations of law were often appeared in the poems and the proses. Many spee- ches pointed out that the judicial reality directly, hit the nail on the head, held and radiated the dazzling light of thought. Through excavating the sense of law from the poetry and the prose of Song Dynasty, we can intui- tively feel the rhythm of the legal system in this age, so as to deepen the understanding of the legal system of Song Dynasty. In the study of legal history, using the research of the poems and proses to explore the legal systems or legal thoughts is a path ; We shall understand the background of the creation in the use of poetry and prosaic materials. Only if we fully consider the writers and their historical situation, can we obtain an objective historical truth by virtue of the personalized poems and the proses.