从神话角度比较中西法律文化的价值取向

To Compare the Value Orientation of Chinese and Western Legal Cultures from the Perspective of Mythology

费孝通先生曾提出我们要有“各美其美,美人之美,美美与共,天下大同”的文化自觉意识。正如中西文化共生,差异繁多,其在法律文化的价值取向上也有所区别,各有优点长处,互相学习借鉴即可美美与共。本文旨在从神话角度出发,看其呈现出的中西法律文化的价值取向,这不仅有利于我们读懂中西先民的文化底色,也有利于我们建构新时代的法律文化。

Fei Xiaotong once proposed that we should have the cultural consciousness of “Should each treasure what of its own and what of others is beautiful, what is different but beautiful can be shared, and all under Heaven can be at peace”. Just as Chinese and Western cultures coexist and have many differences, their value orientations in legal culture are also different, each with its own advantages and strengths, and learning from each other can lead to the same beauty. The purpose of this article is to look at the value orientation of Chinese and Western legal culture from the perspective of mythology, which is not only conducive to our understanding of the cultural background of Chinese, but also conducive to constructing a new era of legal culture.