中国古代的义利关系在不同阶段受具体历史背景的影响而呈现出极富时代特色的特点,南宋时期的义利之辩主要分为两个学派,即理学派和浙东事功学派。该时期的商品经济发展迅速,民事纠纷案件数量激增,尤其是田宅类交易。本文将对判牍典范之...中国古代的义利关系在不同阶段受具体历史背景的影响而呈现出极富时代特色的特点,南宋时期的义利之辩主要分为两个学派,即理学派和浙东事功学派。该时期的商品经济发展迅速,民事纠纷案件数量激增,尤其是田宅类交易。本文将对判牍典范之作《名公书判清明集》卷四至卷六户婚门中与争业纠纷相关的书判进行研究,对该类案件进行类型化分析,探究书判中的义利取向,尽管表达与实践相背离,但名公处理案件时准法援情据理,形成了以“义”为核心,“义利并行”的裁判路径,从而实现个案正义、法律正义与社会正义的衡平。The relationship between righteousness and profit in ancient China was influenced by specific historical backgrounds at different stages and presented extremely characteristic features of the times. The defense of righteousness and profit in the Southern Song Dynasty was mainly divided into two schools, namely the School of Science and the School of Zhedong Matters. The commodity economy developed rapidly in that period, and the number of civil dispute cases had a surge, especially in field and house type transactions. This paper will study the book judgments related to disputes over land and property in Volume 4 to Volume 6 of “Collection of Court Verdicts”, which is an exemplary work of judgments, and will analyze the typology of such cases to explore the orientation of righteousness and benefit in the book judgments. Although the expression is different from the practice, Minggong dealt with the cases in a quasi-legal manner, based on reasoning, and formed the “righteousness” as the core, and “righteousness and benefit go hand in hand”, so as to realize the balance between individual justice, legal justice and social justice.展开更多
文摘中国古代的义利关系在不同阶段受具体历史背景的影响而呈现出极富时代特色的特点,南宋时期的义利之辩主要分为两个学派,即理学派和浙东事功学派。该时期的商品经济发展迅速,民事纠纷案件数量激增,尤其是田宅类交易。本文将对判牍典范之作《名公书判清明集》卷四至卷六户婚门中与争业纠纷相关的书判进行研究,对该类案件进行类型化分析,探究书判中的义利取向,尽管表达与实践相背离,但名公处理案件时准法援情据理,形成了以“义”为核心,“义利并行”的裁判路径,从而实现个案正义、法律正义与社会正义的衡平。The relationship between righteousness and profit in ancient China was influenced by specific historical backgrounds at different stages and presented extremely characteristic features of the times. The defense of righteousness and profit in the Southern Song Dynasty was mainly divided into two schools, namely the School of Science and the School of Zhedong Matters. The commodity economy developed rapidly in that period, and the number of civil dispute cases had a surge, especially in field and house type transactions. This paper will study the book judgments related to disputes over land and property in Volume 4 to Volume 6 of “Collection of Court Verdicts”, which is an exemplary work of judgments, and will analyze the typology of such cases to explore the orientation of righteousness and benefit in the book judgments. Although the expression is different from the practice, Minggong dealt with the cases in a quasi-legal manner, based on reasoning, and formed the “righteousness” as the core, and “righteousness and benefit go hand in hand”, so as to realize the balance between individual justice, legal justice and social justice.
