“空镜子”:宋代文法隔离现象及其反思

“Empty Mirror”:On the Isolation between Literature and Law in Song Dynasty and Its Reflection

掌管刑狱事务是宋代绝大多数亲民官的重要职责,但是以诗词为主体的文人文学很少反映司法内容。宋代文人的法律意识深受重德轻刑的儒家文化的影响,作为文学家的文人普遍存在对自己司法官员身份的疏离甚至抗拒态度,而党争的非理性也加剧了这一文化风气。同时,传统文人文学的教化功能、抒情功能和审美功能都或多或少地与实用、理性以及追求效率的法律思维相左。从根本上来说,文法隔离现象来自于"法"就是"刑"的狭隘观念。

Judicature was an important duty of most local officials in the Song Dynasty,but the content of judicial activities was seldom seen in their poetry.The legal consciousness of the literati in the Song Dynasty was deeply influenced by the Confucian culture of emphasizing moral and light punishment.As a litterateur,there was a widespread alienation and even resistance to the identity of his own judicial officials,and the non rationality of the party's dispute intensified the cultural atmosphere.At the same time,the function of traditional literati literature,such as enlightenment,lyric and aesthetic,was contrary to legal thinking,Showing practicality,rationality,and efficiency.Fundamentally,the isolation of literature and law came from a narrow understanding of the law as equating punishment.