法之来源探究：以霍布斯对柯克的批判为视角

在霍布斯死后发表的著作《一位哲学家与英格兰普通法学者的对话》中，霍布斯站在哲学家的立场与以柯克爵士为代表的普通法学家展开了激烈的交锋，在他们的交锋中有关法律来源的问题无疑是全书的重心。法律来源于对正义的追求和捍卫，这是两者共同认可并遵循的，但是柯克认为，正义应该服从亚里士多德的定义，即正义就是“给每个人属于他自己的一份”，而霍布斯则批判柯克的正义观趋于抽象，容易导致实际上的不正义；针对法律最高权威来源问题，柯克认为法律最高权威来源于法学者，而霍布斯则认为国王才是最高法律权威；关于习俗是否具有等同于法律的效力，柯克本人持肯定态度，霍布斯则持否定意见。     

神奇母题的历史根源

关于民间口头流传的神奇幻想故事同原始文化、传统宗教信仰之间的关联 ,素为中外学人所关注。本文作为“中国民间故事类型与传承研究”这个重大课题的一个侧面 ,对此做出了较有新意的阐释     

论三重文化空间中祥林嫂的意义——对《祝福》的文本还原

理解祥林嫂意义时,现代性价值立场的确立使得封建意识形态作为具有标出意味的整体被区隔出来.这种视域将祥林嫂身处其中的三重文化空间理解为封建意识形态与现代性的二元对立,并导致祥林嫂与"我"之间对称性的叙事一直未被言及.事实上,祥林嫂意义的复杂结构正表现为发生于山里文化空间与鲁镇文化空间之间的悲剧命运,由来自外面即第三重文化空间的"我"所讲述.从这个文本现场出发,我们或许能获得祥林嫂出走的现代性启示,还原祥林嫂悲剧命运的内在意义.     

韩国全罗南道岁时风俗研究

Seasonal customs, also called“performances that take place within a one year cycle”, refer to a series of customs, patterns or norms practiced periodically and habitually on spe-cific days within the regular cycle of the four sea-sons. Seasonal customs are found in every month, such as the Spring Festival in the first month, Laborers’ Day in the second month, The 3rd day in the third month, the birthday of Sakyamuni in the fourth month, the Dano Festival in the fifth month, etc. ( all dates mentioned in this paper are in the lunar calendar) . As the years go by, the seasonal customs change constantly. Many of them have been faded as society has changed, and they have been replaced by National Holidays or other legal holidays which regulate people’s lives. In addition, as western and other cultures filter in, holidays like Valentine’s Day, and Christmas have stepped into people’s lives. Because these festivals are no longer linked with traditional religious meanings found in the old customs, and place more emphasis on entertainment, they have been accepted almost instantly, taking up social space, and changing people’s activities and behaviors. Apart from these, festivals in some particular areas became popular and spread nationwide as the result of na-tional policies. As an important constituent, seasonal customs can reveal the cultural state and spiritual world of a country or region. Jeollanam-do in South Korea, known as the treasure house of customs, possesses rich customs and heritage and various annual cus-toms can be seen here. This paper, by making a general investigation of the customs in Jeollanam-do, can help us further understand the state of this region’s history and ideology, and the cultural im-plications hidden within it. In the first month of the lunar calendar, the primary festivals are the Spring Festival, the First Day of the First Lunar Month, and the Fifteenth Day of the First Lunar Month. 1 ) In the Spring Festival, the most important activities are offering sacrifices to gods and ancestors, sweeping tombs, and paying New Year’s visits. People also believe that this is the proper time to avoid the“three dis-asters”, keep away night ghosts, burn hair, and go to fortune tellers, etc. There are also games played in this period, such as the see-saw and board-turning. 2) the First Day of the First Lunar Month cannot be counted as a traditional festival. However, a day’s rest is taken in the countryside when every house sticks spring couplets on their doors or pillars. These are pairs of long strips of paper on which auspicious words or sayings are written. 3 ) In traditional society, when farming dominated, people observed the Fifteenth Day of the First Lunar Month with grand ceremony, main-ly through engaging in entertaining activities. In Jeollanam-do, the festival atmosphere is warmly created by playing folk or peasant music, flying kites, playing tug-of-war games, or Gohssaum, and so on. In addition to the group activities, indi-vidual families might offer sacrifices in their hou-ses. Each village also offers sacrifices together, known as the Tangshan Sacrifice and Dragon King Sacrifice. There are various superstitions related to this day. For example, many people will buy a strainer and hang it at home, believing that it will bring blessings. Or, on the eve of this day people might set fires on field ridges, believing that this will bring a good harvest. People might also set up Changsheng or Changganzi, along the borders or milestones separating villages from each other, which are known as the patron gods protecting their territory. On this day the staple food is supposed to be“Wugufan”, literally“Rice with Five Grains”, which actually includes more than five kinds of va-rious grains. It is so-called because all the main grains are collectively called “five grains”. In ad-dition, people also cook the“Eight Treasures Rice Soup” which contains glutinous rice, Chinese dates, chestnut, honey, pine nuts, an beans, etc. In the second lunar month, there are the Laborers’ Day and the Yongdung Festival. On the 1st of the second month, Laborers’ Day, laborers used to be given a day’s rest when people made a kind of dessert known as “Agecake”. However, because no one hires laborers nowadays, this cus-tom has actually disappeared. It is said that on 1st day of the second month, Yongdung Halmoni de-scends from the sky, and returns there on the 15th or 20th day. Yongdung Halmoni is said to be the goddess in charge of wind, so, in fishing areas where wind matters a lot, people will offer sacri-fices to her. It is said that if Yongdung Halmoni descends with her daughter-in-law, the wind throughout the whole year will be too strong to guarantee a good harvest, but good sailings can be counted on if she descends with her daughter. On the 3rd day of the third month, women in Jeollanam-do bring simple cooking equipment to the riverside, and pass a pleasant day there. They mix glutinous rice powder with rhododendron petals to make pancakes which they call “flower pan-cakes”. While they eat, they sing songs about flower pancakes or other folk songs. Around 3 rd day of the third month, butterflies start to appear and “dance”. It is believed that if yellow butter-flies are seen first, the coming year will be smooth, but if white butterflies are seen first, there will be many funerals or other inauspicious things. On the 8 th day of the fourth month the birthday of Sakyamuni, many people go to the temples and hang Buddhist lanterns. The display of lanterns on that day is truly grand. It is attended mainly by women who pray for happiness, safety, good health, success and prosperity for their family members. In the temples, people perform the ritu-al of“circumambulating the stupas”, spending the entire night sleepless walking around the stupas, praising gods’ merits and credits, and repeating their wishes in their hearts. While circling the stu-pas, people usually listen to Buddhist chants,some places may play the traditional music with tradi-fional instrument. On the 5th day of the fifth month, on the Dano Festival, the following activities are found in Jeol-lanam-do. 1 ) wrestling, a competitive game played mainly by males; 2 ) swinging, played mainly by females; 3 ) washing hair with acorus calamus. It is believed that hair becomes smooth and shiny if washed with water boiled with acorus calamus. Therefore, many women wash their hair in this way on the 5th day of the fifth month. 4) imbibing herbal medicine. During the Dano Festi-val, all things on the earth are said to be suitable for medicine. There are drinkable herbal juices made from Leonurus heterophyllus, or Ay Tsao. People pluck all kinds of herbs and dry them for future use. The 15 th day of the sixth lunar month is Yudu Day. It is believed that if you wash your hair with clear stream water on this day, bad luck is kept a-way and you will not suffer heatstroke in summer. According to local folklore, the Dragon God and God of the field ditches check on the crops on this day, so no fieldwork is allowed, and a day’s rest is required. If people insist on going to work, it is said they will not have a good harvest. Rice cakes are also prepared on this day and placed in the crop fields as simple offerings to the Dragon God for a good harvest. In June, which has the hottest days in the year, the month is divided into the ini-tial, middle and final hottest days. In order to build up their health, people cook delicious gin-seng chicken soup by putting ginseng, jujubes and glutinous rice into the chicken’s abdomen. Or, for the sake of vitality, some men may drink a body-protecting soup, the so-called dog meat soup. The 7 th day of the seventh month is the Chilseok Festival. Since Chilseok is closely con-nected with the Chilseok God, every family will pray to the Chilseok God for blessings, or go to temples to offer sacrifices. In this festival some families may offer sacrifices to Chengzhu God as in other festivals, but not many offerings are required except for some rice and vegetable dishes. On the 15th day, the Baekjung Day, all kinds of fortune-telling activities prevail. All fieldwork stops and a day’s rest is taken. On this day people also prepare food to offer to the ancestors. The 15th day of the eight month, the Mid-Au-tumn Festival, is characterized by harvest and thanks-giving. Various activities can be seen in Je-ollanam-do, among which offering sacrifices and sweeping tombs are given priority, even more than during the Spring Festival. During the mid-autumn days everyone, rich or poor, makes Songbing, which is very much like a Chinese moon cake, and it is still the most representative festival food for the Mid-Autumn Festival Day. After finishing mak-ing the Songbing with newly harvested rice, people will carry them together with many fruits to offer sacrifices in the early morning and sweep tombs. Some people may go to the cemetery to pull weeds before sweeping tombs. At night, during the full moon, in order to liven up atmosphere, women will perform traditional dance . There is also a custom observed on the Mid-autumn day—married daugh-ters will meet with their own parents and relatives in a place located mid-way between the two homes. Sometimes, female neighbors may agree to meet with each other at a certain appointed place and bring food along to spend a pleasant day to-gether. The 9 th day of the ninth month is the Jungu Festival. It is no longer regarded as a particular festival, but it is still considered a lucky day. In the past, on this day, people would make wine, rice cakes and even medicine, out of chrysanthe-mums. Moreover, literati would appreciate poems as well as maple leaves, which were quite scenic. There are no special festivals during the 10 th lunar month, though this is considered a lucky month because many things forbidden in other months are permissible during this month. The 15th day is a day for some families to offer sacrifices to ancestors or drive away disasters. In rural areas, one of the family customs is for women to bathe and change their clothes before replacing the old rice in ancestor pot with newly harvested rice. This is re-garded as a recommended ritual to domestic gods of new rice. In the 11th lunar month, at the winter sol-stice, it is customary to have red bean soup, which is cooked with glutinous rice powder and red beans mixed together. Its red color is believed to protect people against evil spirits. People offer the red bean soup to their ancestors, and, splash it in front of doors, on walls, around the kitchen, and in their yards. This is all done in order to keep ghosts outside. The 30th day of the 12th month, New Year’s Eve, is the time to stay up late to see in the New Year. So, every house has lights on overnight. It is customary to visit elderly people and inquire a-bout their physical condition and to show care on this eve. This is called “paying an old year’s call”. In olden times, snow which fell in the 12 th month was put into bottles, and when the snow melted the water was believed to be a good medi-cine for curing heatstroke in summer. To sum up, seasonal customs in Jeollanam-do are multi-functional, including the following five aspects:1 ) worshipping the ancestors;2 ) praying for a good harvest and good fishing;3 ) keeping a-way bad luck and calling for blessings;4 ) sharing happiness and improving harmony;5 ) hygiene and health care. Folk customs in Jeollanam-do are diversified. While taken as the concrete outward representa-tions of seasonal customs, these folk scenarios car-ry distinctive features of local customs: 1 ) rural music is the most important factor constituting these seasonal customs by enriching the functions and connotations; 2 ) With its keen local charac-teristics, distinctive quality of including spells, and carrying a religious sensibility, games are part and parcel to seasonal customs; 3 ) Different cul-tural circles are accompanied by different customs and habits. So there are differences between inland and coastal or island areas, and even within the coastal area, differences can occur among particu-lar sea areas.     

土家族的鼓习俗及其文化内涵

鼓本身是一种民俗事象,土家族的信仰、礼仪、生产和生活习俗、节庆、娱乐等等,无不涵蕴着鼓文化的内容。鼓与土家人的生产、生活和生命紧密地联系在一起,具有丰富的民族文化内涵,具有强大的社会功能。本文通过对鼓文化事象的研究,试图深化对土家族传统文化的认识和理解。     

辛亥革命后杭州的社会变迁

杭州光复给城市的发展带来了新气象。革命党人推翻了清王朝在杭州的统治,建立了军政府,日趋合理的行政区划有利于政治的稳定,各种经济措施的实施为日后杭州经济的繁荣奠定了基础,近代杭州文化教育事业的发展对城市进步发挥了重要作用,社会风俗的一系列变化使古老的杭州城呈现出生机勃勃的新景象。辛亥革命后杭州城市在政治、经济、文教、社会生活等各方面的变迁给社会面貌带来的重大变化。有利于人们了解近代杭州的现代化进程。     

原始宗教对达斡尔族风俗习惯的影响

本文在田野作业和文献资料的基础上,运用民俗学的理论知识,主要从达斡尔族信仰习俗、礼仪习俗、丧葬习俗、禁忌习俗、原始医术这五个方面着手分析研究,探讨达斡尔族原始宗教思想对达斡尔族的风俗习惯的影响。可以说在达斡尔族的许多风俗习惯中体现出其原始宗教的印迹,达斡尔族原始宗教对当时的达斡尔族民众的生活产生了深远影响。此论题的研究,对于我们进一步认识、研究达斡尔族历史文化有积极意义,并能为此研究提供一个新的研究视角。     

明清之际启蒙思想家论风俗、教化和国运兴衰

中国历代的英明统治者和有识之士都重视风俗和教化在国家治理和社会控制中的作用,并有大量论述。顾炎武、王夫之和唐甄等明清之际的启蒙思想家深刻反思和总结明亡的惨痛教训,认为明代、特别是明末风俗和教化衰坏和士习窳败是其中的重要原因。他们在全面考察中国历代风习变迁、教化行废与国运兴衰关系的基础上,继承和发展中国儒家重视以风教治国的思想,从不同角度和层面对风俗(气)变迁与国家兴衰、行教化与正风俗、振士风与兴国运等问题进行了新的理论思考与阐发。他们的思想不仅具有重要理论价值,也有积极的现实借鉴意义。     

庐陵婚嫁的“礼仪”程式及其民俗底蕴

庐陵婚嫁的礼仪程式有四个阶段：说亲，相亲，娶亲，回门。其中贯穿了周朝以来的“六礼”习俗。庐陵婚俗的礼仪程式体现了三个最基本的区域民俗特点：一是举乐，二是隆礼，三是尚物。这三大民俗特．拽的形成是缘于庐陵独有的自然地理条件和各民族文化的不断融合。     

蔗糖和糯稻的扩散及端午节习俗的地理界线

在近年对蔗糖史的研究基础上,阐明了古代中国南方丰富的物产对端午节习俗的深刻影响。南方端午节的习俗正是在蔗糖贸易和糯稻扩散的时代背景中发展起来的,它不仅是唐宋以后工商业和城市发展的产物,也是政治教化、文化传承和经济地域分工共同作用的结果。重要的地理事件包括：晋至两宋领土边界和政治中心的改变造成的人口南迁,以及明清以来海疆的拓展和东南沿海经济中心的确立。蔗糖和糯稻的地理扩散粘合了唐宋之际习俗演变的南北地理界线。