宋代法意之殇

法意是古代法制中的一个重要概念。宋代是法意这一概念特别受到重视的历史时期,它对于缓和司法过程中法律与人情的冲突,达到法律与人情的平衡,起了重要作用。在宋代,法意概念本来为法学的发展提供了契机,却没有被后人所把握,其湮没无闻的原因令人深思。

On the Law Spirit in Song Dynasty

Law spirit is an important concept in ancient legal system. The concept of law spirit was paid atten- tion to very much in Song dynasty. It played an important role to ease the conflict of law and human feeling, achieving the balance of law and human feeling. The concept of law spirit provided the chance for the development of jurisprudence in Song dynasty, but ignored by posterity. The reason of disappearing of the concept of law spirit is worth thinking.