论文部分内容阅读
东汉时期,以经注律之风大兴,经学开始渗透入法学领域,法学受到经学极大的影响。同时,亦有以律注经之现象发生并盛行。所谓以律注经,即援引汉代律令制度来解释儒家经书大义,何休即其代表人物之一,而其所注《公羊传》则为运用这种方法的代表性作品。实际上,汉代社会历来经律并重并用,从某种程度上来看,以经注律与以律注经是二而一、一而二的,两者分别推动了法律儒家化与经义法律化的进程,并共同促进了经律融合。
During the Eastern Han Dynasty, with the style of mind announcing Daxing, the Confucian classics began to infiltrate into the field of jurisprudence. Law was greatly influenced by Confucian classics. At the same time, there are also phenomena that prevail in law and prevail. The so-called law of meridians, that is quoted Han rule system to explain Confucian classics righteousness, where off is one of its representatives, and its Note “Rams Biography” is to use this method of representative works. In fact, the Han society has always been through the law of both the parallel and the use of law, to some extent, through the merit law and the law of the merit is two one and one, one and two, respectively, to promote the legalization of Confucianism and Legalization The process, and jointly promote the integration of the law.