幽冥法文化视野下的明清民间法律意识——以游冥宝卷为中心的考察

On the Folk Legal Consciousness of Ming and Qing Dynasties from the Perspective of Law Culture of the Netherworld——An Investigation Centered on the Travelling Stories of the Hades in the Baojuan

明清时期的游冥宝卷作为兼具宗教性与文学性的说唱俗文学,从阴间律法、冥府审判、地狱刑罚等方面集中全面地展现了幽冥法文化,一定程度上反映出民间社会的法律意识:首先,庶民寄意于自己所信仰的阴司审判体系,满足其对终极正义的幻想;其次,冥律中混入大量世俗道德和宗教道德,体现出庶民法德含混的法制观念;最后,冥律以多种针对女性的地狱刑罚,配合阳世法律,完成对女性的规训。作为幽冥法文化的重要载体,游冥宝卷彰显出俗文学对底层民众法律知识构成和意识形态教化的重要作用。

In the Ming and Qing dynasties,the Travelling Stories of the Hades in the Baojuan,as a rap literature with both religious and literary characteristics,comprehensively demonstrated the law culture of the netherworld from the aspects of the underworld law,the trial of the underworld,and the punishment of hell,which reflects the legal consciousness of civil society to a certain extent.Firstly,the common people consigned to their belief in the justice system of the underworld to satisfy their fantasy of ultimate justice.Secondly,a large number of secular morality and religious morality were mixed into the underworld law,which reflected the common people’s vague legal concept of law and morality.Finally,the law of the underworld completed the discipline of women with a variety of hell punishments for women,in conjunction with the laws of the world.As an important carrier of underworld law culture,the Travelling Stories of the Hades in the Baojuan reveals that the popular literature plays an important role in the formation of legal knowledge and ideological education of the people at the bottom.