茶店“劈公道”与地方社会自治——基于江南何母水乡地方史料的采集

“Judge in Teahouses” and Local Social Autonomy: Based on Local Historical Data from Hemu Watery Region

基于口述史的采集,以及地方史料的挖掘,本文关注江南何母水乡传统社会中,地方人物在茶店"劈公道"以处理乡邻纠纷。地方人物的社会担当与民众的认可是绅权施展以实现地方自治的社会基础。近代以来,绅权收缩,茶店没落,但茶店"劈公道"作为典型的礼治实践,仍能发挥其维持社会秩序的规范性力量。在当下法治社会的语境下,追述茶店"劈公道"之旧闻仍有重要的现实意义。

Based on the collection of oral history and the excavation of local historical data, this paper focuses on thetraditional society of Hemu watery region in northern Zhejiang Province, where gentry dealt with disputes for rural neighborsin teahouses. The social responsibility from gentry and the recognition from the masses were the social base for local gentry toachieve local autonomy. Since modern times, the power of the gentry had weakened and the number of teahouses decreased.Asa typical practice of ritual rule,＂judges in teahouses＂ still plays a normative role in maintaining the social order. In thecurrent social context ruled by law, it is still of great practical significance to restate the practice of ＂judges in teahouses＂.