从"法"看中国司法的兴起及理念

关于中国早期"法"的含义,已有很多解释.该文利用古代文献资料和现代学术成果,试图论证两个核心问题:一是,许慎<说文解字>对"法"的解释基本可靠,也比较合理;二是,早期中国"法"与西方法(Jus)的内涵大致相同,也是通过司法审判获得的"正义"的结果,而不仅仅是指刑罚.

A Perspective on "Fa": The Rise and the Notion of Justice in China

There are plenty of explanations of "Fa" in ancient China. This article takes advantage of the ancient literatures combined with achievements of modern academic studies and seeks to demonstrate two basic points of view. Firstly, it tries to demonstrate that Xu Shen's explanation to "Fa" in the Notes on Language and Characters (Shuo Wen Jie Zi) is not only reliable but also reasonable. Secondly, it believes that the connotation of "Fa" in early China is largely the same as "Jus" of Western law, which also means result of "justice" achieved through judicial adjudication, but not solely penalty.