从《神圣约法》到《大宪章》——以“肚子寓言”的流播为线索

From “leges sacratae ”to “Carta magna”——By clue of the spread of fable of belly

《神圣约法》和《大宪章》都是在统治者与屈从者产生根本矛盾时,以和平的商议手段解决此等矛盾的宪法性文件,故两者都表现了共同体内部对立集团的妥协精神。《神圣约法》和《大宪章》都根本改变了此前的政治体制。在《神圣约法》之前,贵族官僚的权力没有制约,之后,保民官开始以自己的否决权制约执政官的权力,平民会开始制约百人团大会的权力,达成了制衡。《大宪章》之前的王比法大,之后,法比王大,由此开启了英国的法治之路。《神圣约法》和《大宪章》都具有宗教性。可以说,宗教因素促进和解,加强人们对协议得到履行的信心,减少社会变革成本。

Both "leges sacratae " and "Carta magna" are constitutional documents those that generated when the rulers and subjects have fundamental contradiction for resolving above-said contradiction through peaceful mean, so both of them have demonstrated a spirit of compromise between internal opposition groups of a political community. Both " leges sacratae " and " Carta magna " have fundamentally changed the previous political system. Before the leges sacratae, the powers of aristocratic bureaucracy has non any restrict, after these documents, The tribune began to restrict the power of consul by means of his power of veto, mentre the consilium of plebis begin to check powers of the Comitia Centuriata, and reached a checks and balances. Before the " Carta Magna ", the king was above laws, after this document, the king has became to be below the laws, by this change, it was open the way to the English rule of laws. Both " leges sacratae" and " Carta magna " have religiosity. We can say that the religiosity promots a reconciliation, strengthening people's confidence in the fulfillment of the agreement, reducing the costs of social changes.