多元思想背景下的伦理法制--兼议东晋南朝法律思想的时代特点

东晋南朝时期,玄学成为当时具有时代特色的主流学术和政治思潮.但此时的思想界又呈多元化局面,玄、儒、佛、道各家思想对意识形态及政治领域各个层次的影响和作用并不相同.在统治者治国的实际指导思想方面,儒家学说仍然占据主导地位.这不仅表现在江左君臣们仍以儒家学说作为治国立论的出发点,还表现在儒家思想对当时立法和司法实践产生着直接的影响.在处理具体案件时,司法者主张情、理、法结合,提出了符合伦理人情的原则和方法.这一时期儒家思想的作用和影响推动着封建法律伦理化进入新的阶段.

On Ethical Legality under the Background of Plural Thoughts

In the times of Dong Jin and Nan Chao, Metaphysics was the mainstream learning and political thought which was of epoch characteristic at that time.However,thoughts was plural at that time,all sorts of thoughts including Metaphysics,Confucianism,Buddhism,Taoism played deferent roles in the ideological field and political field.But as far as instructional thought for managing state affairs is concerned,Confucianism was still in the most important position.Because it was still the principle of argumentations on theory,and it exerted direct influence on the legislation and judicatory in practice.When justice dealt with specific cases,they combined emotion,reason with law,and put up some principles and methods fit the current ethics.