摘要
剧情相似的《铡包勉》和《安蒂纲》表现了中西法律文化在国法、人情关系问题上的不同。从法律的外在视角、内在视角、法律实施的结果、法律的分类以及社会规范的产生和归属等方面分析两部戏剧,在"遵守法律"与"法律的权威"这个问题上,中西法律文化展现了完全不同的特点。在西方法观念中,"法律权威"虽然不断受到挑战和质疑,但"遵守法律即是正义"是毋庸置疑的。而在中国法观念中,"法律权威"虽获得"识别"或"承认",但"遵守法律"却未得到普遍的接受与认可。
By comparing an ancient Chinese drama with an ancient Greek drama, we can see there is an obvious difference between Chinese legal culture and Western legal culture, concerning with the conflicts between love and law. From aspects including the internal perspective of law, the external perspective of law, the practice of law, hierarchy of law and the creation and the role of social norms, we can see different characteristics of Chinese and Western legal cultures. Ancient Chinese law was based on its traditional Family Ethics, which was also the spirit of Chinese law. However, if we compare the classification of Western Family Ethics and Political Ethics, we can see that Chinese law did not differentiate Family Ethics from Political Ethics strictly. Especially on the reason of ＇obedience to law＇ and ＇the authority of law＇, Chinese legal culture and Western legal culture were completely distinct. In Western legal culture, although ＇the authority of law＇ was challenged and questioned, ＇the morality of obedience to law＇ was beyond doubt. On the contrary, in Chinese legal culture, ＇the authority of law＇ was always stressed and recognized, ＇the morality of obedience to law＇, however, was not accepted widely.
出处
《天中学刊》
2014年第5期12-17,共6页
Journal of Tianzhong
基金
教育部人文社科课题(青年项目:13YJC820030)
中央高校基本科研业务费专项资金资助项目(31541310611)
关键词
遵守法律
法律权威
情与法
中西法律文化
比较研究
obedience to law
authority of law
love and law
the Western and Chinese legal cultures
comparative study
