《圣经·士师记》中的法官伦理与英国普通法法官精神——从柯克爵士到曼斯菲尔德伯爵

The Judicial Ethics of “Judges” in the Bible and the Spirits of Common Law Judges——From Lord Coke to Earl of Mansfield

《圣经·士师记》记载了以色列法官时代的一系列正面法官形象,他们既是以色列的拯救者、部落首领,也是裁判案件、维护社会秩序的法官。他们虔诚、公正、正义、怜悯、正直的形象和勇于挑战王权、着眼社会秩序、注重价值关怀的事迹构成了《圣经》对于法官伦理的丰富遗产。英国普通法法官制度本源自圣职,在普通法初步形成和工业化初期的16世纪至18世纪,出现了柯克、黑尔、霍尔特、曼斯菲尔德等多位秉承着《士师记》法官精神的伟大法官,他们在著作、审判和社会活动中确定了英国的普通法之路,奠定了英国普通法发展的基础和信条,在法律创新与继受、法学研究和法律哲学等多个层面取得了成就。论文着重探讨上古法官精神对普通法法官的直接影响,及其对普通法的间接影响。

In the chapter named "udges" of the Holy Bible,a series of great judges were recorded. They were savors and leaders of Israel on the one hand, while judges of daily trial on the other hand. A lasting legacy for judicial ethic was left to all the human kind by their piety, fairness justice, mercy, integrity, and by their bravery in challenging the power of the crown, their emphasis of the social order, as well as their concern of humanity. The English judiciary originated from priest, and during the formation of common law between 16th century and 18th century, many great judges were deeply influenced by the spirits of "Judges" , and make their endeavor in their judgments, works, social activities in order to pave ways for the common law, which efforts also lay the foundations and beliefs of common law. Their achievements are comprehensive among legal creativity and adoption, legal study, and jurisprudence,etc. This paper try to clarify the direct influence of spirits of "Judges?on the common law judges, and their indirect influence on the common law.