宋代士大夫礼法观的演进及其影响——以肉刑论争为视角

The Evolution of the View of Rituals and Laws of the Song Dynasty Scholar-Bureaucrats and Their Influence——Taking the meat penalty controversy as a perspective

两宋时期,随着社会矛盾的激化和阶级斗争的尖锐,肉刑作为一种常见刑罚被广泛运用于司法实践中。与此同时,宋代士大夫围绕肉刑的存废、价值、功能等问题,对建立在“德主刑辅”基础上的礼法关系进行了深入探讨。通过论争,使“明刑弼教”的观念更加深入人心,法律在儒家传统礼法关系中的地位得到提升,刑罚手段及重刑主义在国家治理中获得更大的正义性和合法性。

During the Song dynasty,with the intensification of social conflicts and the sharpness of class struggle,corporal punishment was widely used as a common punishment in judicial practice.At the same time,the Song scholar-bureaucrats discussed in depth the relationship between rituals and laws based on the principle of“rule of morality with its priority to penalty”by focusing on the issues of the existence,value and function of corporal punishment.Through the controversy,the concept of“integrating punishment with education”became more deeply rooted in people’s hearts,the status of law in the relationship between Confucian traditional rites and laws was elevated,and the means of punishment and feloniousness gained greater justice and legitimacy in the governance of the country.