摘要
中国古代对灾异有着较为独特的观念认识,同时也形成了一套较为完善的法律应对机制。从理论而言,这套机制可谓入丝入微,入情入理;从实践而言,虽然存在一些难以克服的流弊,但成效却是主流。这套机制得以完善形成和有效运作的始原压力和动力在于:对“天”的敬畏和对“民”的关注。在科学迅速发展而灾异也不甘示弱的今天,古人的灾异观及其对策为我们提供了一面绝好的镜子。当然,古人的法律应对机制绝不仅仅是个具体制度的可否借鉴问题,更重要的是其背后深层的观念文化我们如何面对如何取舍的问题。总之,灾异的降临告诫我们,要尊重自然,并呼唤法律理性和人性的回归。
There was a special knowledge about calamity and abnormal phenomena in ancient China as well as a sort of legal system about how to cope with it. In theory the legal system regulated in details.In practice , although the system had some shortcoming, it had also made a chief success. It is the fear to God and the attention to people that made the system form perfectly and practise efficiently. Today that science has been making much progress but calamity and abnormal phenomena also occurs many, today we also have no efficient way to cope with it, the ancient Chinese knowledge about calamity and abnormal phenomena can provide a best mirror for us . Of course, the legal system is not a reference one from concrete sense but also a cultural one that how to make a choice today. In a word, the calamity and abnormal phenomena told us a lesson that we must make a respect for the nature and call back the law’s rationality and humanity.
出处
《政治与法律》
CSSCI
北大核心
2004年第3期149-153,共5页
Political Science and Law
