《白鹿原》中的礼法、乡约与治理转型

On the Ritual Law,Countryside Ordinances and the Transformation of Governance in White Deer Plain

小说《白鹿原》是一部清末至20世纪七八十年代的民族变迁史,也是探索乡村治理的典型文学范本.宗族与礼法奠定了白鹿村的治理基础.族长白嘉轩是传统宗法文化的典型代表,其艺术形象鲜明地体现了传统乡村治理体系的优长与困局.《白鹿原》的《乡约》包括行为引导、过失警戒、礼俗维护等综合内容,堪称白鹿村道德准则法律化的“法典”,族长身兼行政与司法双重功能,祠堂是自治机构场所,《白鹿原》的故事展现了封建礼法走向现代法律的交缠.在新时代浪潮的冲击下,白鹿村乡约松弛,礼治废弃,有着时代转型,但也有了阵痛撕裂甚至流血悲剧.彻底背离《乡约》、摈弃传统的极端做法需要反思,传统乡村治理秩序与现代法治需要辩证融合.

The novel White deer plain is a history of ethnic change from the late Qing dynasty to the 1970 s and 1980 s,and also is a typical literary model for exploring rural governance. The clan and the law laid the foundation of the village. The patriarch Bai Jiaxuan is a typical representative of the traditional patriarchal culture,whose artistic image vividly embodies the superior and the difficulty of the traditional rural management system. White deer’s conventions, including behavior guided and custom maintenance,fault alarm,comprehensive content,which is regarded as the white deer village ethics legalization "code". The patriarch also has both administrative and judicial functions. The ancestral hall is a venue for self-governing institutions,and the story of the white deer shows the interplay of the feudal law towards modern law. Under the shock of the new age,the village of white deer’s local rules and regulations of a village is relaxed,the treatment is abandoned,and experienced the transformation of the times,at the same time this transformation also mixed with the painful tear and the tragedy of bloodshed. It is necessary to reflect on the radical departure of the local rules and regulations of a village,and the traditional rural governance order and the modern rule of law should be dialectic fusion.