清代的丧娶、收继及其法律实践

Marrying during a Period of Mourning, Marrying a Brother's Widow and Legal Practices in the Late Qing Dynasty

本文以清代非礼制婚俗中的丧娶和收继习惯为考察对象 ,试图探讨其分布状况及其与国家法的关系。各种方志和其它相关史料显示 ,这两种习俗尽管在各地表现形式略有差别 ,但当时普遍存在于全国范围内。以此为基础 ,通过对案例的考察 ,文章进一步指出 ,国家各级权力机构及民间社会对习惯的态度以各自的实际利益和现实条件为基础 ,既存在阶层性差别 。

The author examines the prevalence of the practice of getting married during a period of mourning and marrying a brother's widow in relation to the laws of the state. Local gazetteers and related historical sources show that the practices were widespread throughout the country, although conditions differed slightly from place to place. On the basis of investigations into individual cases, the author suggests that the authorities at all levels and the communities based their actions on their own interests and on realistic conditions. Different social strata therefore adopted different attitudes, which nevertheless influenced one another.