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|Title: ||明人判牘中的婦女姦事研究;A Study on Women Adulteries in Judicial Documents in the Ming Dynasty|
|Authors: ||楊惠君;YANG, HUEI -JYUN|
|Keywords: ||明代判牘;法司判決;犯姦律令;明代讞詞;婦女姦事;Judicial Collections of the Ming Dynasty;Judicial Judgment;Law for Sexual Offense;Ming Dynasty Verdicts;Women Ravishment|
|Issue Date: ||2019-09-03 16:58:18 (UTC+8)|
The judicial collections with abundant and gorgeous language are mostly in the topics of serious and critical judicial cases. However, they are usually included in the officials’ collected works to implicate the underlying meaning of mind expression or prisoner education and conversion. Even for the biographies or funeral orations in the collection, scholars usually classify them in sequence of various attributes; generally speaking, those who are with higher position will be listed first before those who are with lower position or without position. Men will be placed before women, and seniority will only be considered between the same genders. On the contrary, officials who supervise law execution do not classify various cases in such attributes. The female offenders listed in the judicial collection are shown irregularly and lively. Their experiences in the judicial collection represent their trails of nimble movement as well as the history of striving for survival. Picking up of the cases related to ravishment, exploring the context and judgment description from civil officials, and empathizing women’s interests consideration and survival mode highlight the “huge” and “fast” changes in the society, economy, and ideas after Mid Ming Dynasty. The research on the judicial collection in Ming Dynasty reveals the rulers’ response or compromises towards people and lower level of society as well as further generates linking and more flexible treatment in the aspects of system and means. It is not outstanding and easy to identify, nor does it happen in a short period of time; instead, it is the enlightenment of ideological trend in a long and slow current.
The argument between reason and sentiment is not necessarily at the opposite side of the balance; the extreme is also moving towards the middle of the reasoning. The central government and the law definitely prefer high standard and fixed regulation for right behavior, but the local officials and common people often have to compromise with the circumstance and the reality due to the current situation and their own survival. Women are part of society, and their ideas and actions are shown in the judicial collection; their desire and courage are never covered up after being refined, deleted, and modified by the civil officials. Whether they are proactive or forced to make the choice, actively or passively resist and cooperate, or act violently and commit adultery for seeking profits or love, they, after all, own not only lust and covetous thoughts but also wisdom and decision-making capability. They are not afraid of other people’s attention and value judgment even though they often embarrassed themselves due to the disclosure of adultery. Sometimes, they are determined to pursue the circumstance that benefits them or people that please them without worrying ethical fetters and handcuffs and economic difficulty. Occasionally, they make wrong choices and put themselves in the death sentence but women still move towards the unknown situation without fear. Manners and praises cannot maintain the life demand in the lower level of the society; the aforementioned are only the ideal from the ruling class. The glory that is going to be put on the general people is far away and unrealistic from the people who live on nothing. The life goal of the common people is the practical money and affection support. It will be replied on governments to design more effective feedback system and establish a supporting system that is able to observe people’s suffering before the common people can be guided rationally for being well-mannered and compliance with the law.
|Appears in Collections:||[歷史研究所] 博碩士論文|
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