魏晋法律体例的变化与学术风气之关系

魏晋法律在形式即体例方面具有浓重的名理学化、玄学化色彩。当时舍具体、重抽象的学术风气,名理学“循名责实”的特点,玄学重视理论辨析、抽象思维的风格,对法律制定产生了深刻影响。具有刑法总则性质的《刑名律》、《法例律》的出现,以及对律目篇章的调整和析分,更是当时学术风气的直接产物。因此,名理学和玄学是推动魏晋法律新体例确立的主要动力。

The Relationship between the Legal Stylistic Changes and Academic Atmosphere of Wei and Jin Dynasties

In the aspect of the form or style,laws during Wei and Jin Dynasties had a strong propensity close to the school of Logicians and Metaphysics.At that time,many factors had a profound effect on legislation,such as the academic culture of stressing abstract objects instead of concrete objects,the characteristic of the school of Logicians,which is"according to the concept to get the actual content",the feature of metaphysics that stressed theoretical analysis and abstract thinking.The emergence of"law of punishment"and"law of example",which is the nature of general principles of criminal law and the adjustment of the chapters of the law,was particularly the direct result of the academic atmosphere at that time.Therefore,the school of Logicians and Metaphysics were the main driving forces of the establishment of a new style of the law during Wei and Jin Dynasties.