法谚:法律生活道理与经验的民间形态——汉语谚语的法文化分析

法谚是生成并通行于大众中的有关法律的民间用语形态,属于俗文化范畴。在文化或观念的传承上,法谚比同属俗语的歇后语、惯用语要深入或深刻,比雅语的成语要细微。法谚之民间形态的根基,是大众法律生活道理与经验的总结和传授的需要。法谚所反映的法律生活的范围是比较宽广而全面的,囊括了当时社会法律生活的基本领域和主要的法律现象。法谚与法律的关系密切。它们基本上渊源于法律的规定、原则和精神,至少是与其密切相关。法谚与其他谚语关联甚紧,后者对其起支撑、加固或强化作用;法谚有时也衍化为外围谚语,进一步表达一种日常生活道理或经验。从法学、语言学、文化学、历史学的学科交叉角度,对法谚进行研究是有重要意义的。

Legal Proverb:the Popular Form of Reasoning and Experience in Chinese Legal Life:Analysis of Legal Culture in Chinese Proverb

Legal proverbs,a form of folk language related to law,produced and commonly used by folk,falls within folk culture category.As judged by the way in which culture or mentality has been inherited,legal proverbs are more profound or intensive compared with those two-part allegorical sayings and idiomatic expressions that fall inside the limits of same kind of folk adage as legal proverbs do,and they appear to be more meticulous compared with those idioms that belong to elegant language.The basis,of which popular forms that legal proverbs show,lies in the needs as to summarizing and passing on truth and experiences of daily legal life.The legal life,which is reflected by legal proverbs,ranges broadly from main areas of social legal life to main legal phenomena.Legal proverbs have close relationship with law,since both of them originate in legal regulations and principles as well as essence of law.They also have close relationship with regular proverbs.On one hand,regular proverbs affect legal proverbs by means of supporting and reinforcing or enhancing legal proverbs.On the other hand,legal proverbs are transformed into peripheral proverbs sometime so that they may go a step further in expressing a kind of truth or experiences in daily life.In short,it is significant to research on legal proverbs from interdisciplinary view of jurisprudence,linguistics,cultural science,and historiography.