明清民间的法律启蒙教育——以《幼学琼林·讼狱篇》为例

对礼法观念的承载和传播是传统社会法律启蒙教育所具有的特质与功能。《幼学琼林》是明清以降蒙学的重要教材,其《讼狱篇》炼词精整、广搜众采,皆传统法律文化之名物掌故,颇为博瞻。其对＂无讼＂、＂贬讼＂的宣扬,对德教与刑罚并施的主张等,虽可说是编者对礼法观念的体认,实为对明清之际明刑弼教的迎合,也是当时法律知识宣讲渠道之一。作为道德教化下的情理关怀与教育,《讼狱篇》注重教育方法的采用,以典释礼律,事理并举,正反教育,堪比跨越识字阶段到阅读典籍阶段鸿沟的桥梁,是儿童从认字学故走向读经识礼的过渡。

On the Folk Elementary Education of Law in Ming and Qing Dynasties——A Case Study of ＂Children＇s Enlightened Primer / Chapter of Lawsuit＂

The carrying-on and spreading of the ideas of courtesy and law is one of the characteristics and functions of the traditional society in the elementary education of the law.＂Children＇s Enlightened Primer（Youxue Qionglin）＂ was one of the important teaching materials in Ming and Qing dynasties.Its ＂Chapter of Lawsuit＂ had a vast outlook with its precise diction,filled with numerous data of traditionally legal and cultural anecdotes.Its publicity of ＂non-lawsuit＂ and ＂de-lawsuit＂,its proposition of conducting both moral education and criminal penalty not only embodied the acceptance of the compilers to the ideas of courtesy and law,but also showed their pandering to the criminal penalty of the Ming Dynasty during Ming and Qing dynasties.This was one of the channels to transmit the lawful knowledge.As an emotional concern and education under the moral cultivation,＂Chapter of Lawsuit＂ stressed on the adoption of teaching methods,explained courtesy and law with anecdotes,combined stories with reasons,and educated children with positive and negative attitudes,which was equal to a bridge ranging over the big gap between the period of literacy to that of reading the classics.So,it was a transition for the children from learning to read to reading classics and knowing courtesy.