徘徊于现实与理想的空地上——从《汉漠拉比法典》看古代女性的婚姻及其命运

Wandering Between Reality and Dream: Discussion on Ancient Female’ s Marriage and Fate

俄罗斯学者特洛伊茨基将人类思想史上关于婚姻状态的理论分为理想主义和现实主义。在深入考察人类史前文明时期女性的婚姻状况的基础上,重点通过对《汉漠拉比法典》的解读详细分析了这一时期女性的婚姻状况。以此一管之见窥视整个人类古代社会女性婚姻状况。在此基础上,可以看出,从古至今,人类的婚姻制度都是建立在现实主义基础之上的,经济地位的不平等是造成男女婚姻地位不平等的最直接原因,女性婚姻平等观念上的自觉必须以女性追求经济上的独立为前提。

adopting the standpoint of a Russian scholar, the author of this article divided the theory of marital status in human ideological history into idealism and realism. He carefully investigated the marital status of women in the pre-historical period. In the meanwhile, the author focused on the marital system in Code of Hammurabi, and analyzed the marital status of women during that period in details, thus he intended to present the marital status of women in the whole ancient society of human beings. Conforming to it, the author viewed that from ancient time to the present age, the marital status of all people were based on the realism, that the direct reason for the inequality of men and women in their marital status was that they were unequal in the economic status, and that women’s consciousness of the equality in marriage must derive from their own pursuing of independence in economy.