略论中国古代社会的"礼治"秩序--一个法社会学的视角

礼是中国传统文化的核心,也是法文化的主要构成部分.从法社会学的视角考察,礼具有宗教性和被上升为国家意识形态的性质.它既表现为复杂的礼仪制度,又是中国古代社会长期存在的、旨在维护宗法血缘关系和宗法等级制度的一系列精神原则和言行规范的总称.礼在中国古代社会控制中的功能表现为,"别贵贱,序尊卑",维护社会的等级秩序;经国家、定社稷,确认王权的特殊地位与权力的合法性;人们日常行为的规范和评判是非的准绳.

A Brief Discuss on the "Rule by Courteous" of Ancient society in China--From the dimension of Legal Sociology

The etiquette was the core of the traditional culture and the main constitutive factors of the Legal culture in China. This paper probes into the etiquette from the angle of Legal sociology. The etiquette had the character of Religions and was run up to the national ideology by the nature of the etiquette. It was not only reflected the complicated constitution of rites, but also the summation of the spiritual principles and the norms of words and deeds which long existed in ancient society and whose goal was to protect the patriarchal clan system , consanguine relationship,hierarchy and so on in China. The etiquette's functions in the control modes of Chinese ancient society were to safeguard the social hierarchy order by differing dignify and humbleness,to affirm the special status of royalty and legalized power and to be the norms of people's words and deeds and standard of deciding the right and wrong. This thesis also expounds that the pasty dynasties rules attached importance to the functions and roles of the etiquette in the social control.