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法律思想术语:法

发布时间:2019-06-23 10:14:33 作者:本站编辑 来源:本站原创 浏览次数:

Law

法律和法律制度。在古代,都是对人行为的规范;即礼教,旨在扬善;即刑罚,旨在惩恶。字古代写作,字形本身即体现着法的根本精神:即解廌(xiè-zhì),是传说中一种类似山牛的神兽,能辨别曲直善恶,在审理案件时能用角把不法、不正之人顶倒,象征法律的正义和威严;即水,则表示法如水一样平,喻示法律的公平。古人认为,虽由制定和颁布,但是和天下人都必须共同遵守,这实际体现了法律的正义性与平等性。大约在商朝时期中国就已经有了成文法。公元前536年,郑国执政子产将郑国的法律条文铸在象征诸侯权力的鼎上,史称铸刑书。这是中国历史上第一次向社会公布成文法,对推动国家法律的普及与执行有着重要意义。

 

This term fa (法) refers to both laws and the legal system. In ancient times, fa (law) and li (rites) were both used to regulate human behavior. The purpose of li was to encourage virtuous behavior; fa refers to punitive laws, the purpose of which was to punish evil action. The graph of the archaic form of the word fa () reflects the fundamental spirit of law. It consists of two elements. The right part of the character, which reads zhi, denotes a unicorn-like legendary animal that could distinguish right from wrong. It had the ability to determine guilt and innocence in law court by using its horn to pin down the wrongdoer and his crimes. The left part representing water signifies the fairness of law as being level as water. Ancient people believed that although laws were made and promulgated by the sovereign both he himself as well as the general public should abide by them, which really does embody the justice and equality of the law. China had written laws as far back as the Shang Dynasty. In 536 BC, Zichan, prime minister of the State of Zheng, ordered the law of his state to be cast onto a bronze vessel, a symbol of the king’s power. This is known in history as the “metal cast book of law.” As the first written law ever in Chinese history promulgated to the public, this law has critical significance in the public promotion and implementation of the laws of the state.

 

引例 Citations

法者,刑罚也,所以禁强暴也。(桓宽《盐铁论·诏圣》)    

(法就是刑罚,是用来禁止强暴的。

Laws mean punishments for the purpose of prohibiting violence and crime. (Huan Kuan: Discourses on Salt and Iron)

夫礼禁未然之前法施已然之后。《史记·太史公自序》      

礼的作用是阻止作恶之事发生法则是在作恶之事发生之后进行惩罚。

Rites are practiced before crimes are committed, while laws as punishments are enforced afterwards. (Records of the Historian)

法者天子所与天下公共也。《史记·张释之冯唐列传》      

法律是天子和天下人都应该共同遵守的。

Laws should be observed by the sovereign as well as his subjects. (Records of the Historian)


来源:中华思想文化术语传播工程

 


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