从收继婚风俗看明代的律例

明代的律例严格禁止收继婚，可是，严厉的法律不但没有根除收继婚，收继婚反而作为社会一种风俗习惯而普遍存在。为什么法律严格禁止却根除不了收继婚?为什么收继婚普遍存在而法律却显得苍白无力?这其中有政府对法律推行不力的原因，也有传统风俗习惯沉积的原因，更有伦理道德方面的因素。用法律去禁止近乎人情和社会基本认同的事情，固然有移风易俗方面的功效，但法律的公正性和严肃性必然要受到挑战，而有禁不止所带来的副作用，更合使法律的尊严受到破坏。

Looking at the Codex of Ming Dynasty from the Levirate Custom

Though strictly prohibited by laws and regulations, accompanying marriage in the Ming Dynasty not only had not been eradicated but had prevailed as a social custom. This had been caused jointly by the ineffectiveness of government's implementation of laws, the influence of traditional customs and ethnics. It sure functions in transforming customs and conventions to prohibit with laws things virtually accepted by the society, whereas the impartiality and solemnity of laws would inevitably be challenged, and furthermore, the sanctity of laws would be spoiled as a result of the ineffectiveness of the execution of laws.