法制·传媒·性别的合力:从“周小大案”说起

Law, Media and Gender: A Case Study of Zhou Xiaoda

"周小大案"是在晚清上海特殊的社会环境下发生的一起公共法制事件,虽是女性涉足公众领域并发酵成公共法制的个案,但在当时却有普遍意义。官方以维护传统公序良俗为旨,予以行政与司法合一的施政,使之成为法制事件;商业传媒《申报》对此类事件给予法制化叙事,表达传统报人的道德立场,成为官方法制举措的推手;传统的性别观念则成为官方与媒体共同言说的价值基础与结点。在官方的法制实践、传媒的法制言说与传统性别规训的共同合力下,促成了对以周小大为代表的涉足公共生活领域的女性的成功禁止。

The＂Zhou Xiaoda Case＂was a public legal event that happened in the special social environment of the late Qing Dynasty（1644-1912）. Although it was a case that was part of the public legal system related to women involved in the public domain, however it had universal significance at that time. The purpose of Shanghai government was to maintain the traditional culture and customs of the country, and to combine the administration of government with the justice, so as to establish the legal affairs of the country. The commercial media also give legal narration to such events, providing the expression of a traditional moral stance, with the goal of creating official legal measures. The traditional concept of gender gave the basis for the value and had become an important node for officials and the media. Under the joint efforts of the official legal practice of law, the legalization of the media and the traditional concept of gender, it has led to the successful prohibition of＂forbidden women＂represented by Zhou Xiaoda.