《抱冲斋诗集》所见清代刑官生涯志业
作者简介:陈灵海,华东政法大学法律学院教授(上海 200042)
关键词:
- 斌良 /
- 刑部 /
- 刑官 /
- 清代 /
- 以诗证史
摘要: 清代官员斌良是一位长期在刑部任郎中、侍郎的诗人,一生写了八千多首日记体诗歌,由其弟辑为《抱冲斋诗集》传世。他的诗中包含不少对刑部工作经历和同僚交游唱酬的描写,可以作为研究刑官职业生涯、追求志趣和日常生活的样本,管窥清代刑事审判机制的运作形态。与此前论者的看法不同,作者认为清代以诗文、经学作为科举选拔的核心,律学受到的重视远不能与诗文相比,因而刑官律学素养的平均水准不宜高估;官员日常公务之后以交游唱酬为主要志趣,生活空间被诗歌、宴饮、书法、金石、收藏、游览、佛道等占据。文章指出,运用特殊样本法证明清代刑部官员律学水平较高是缺乏说服力的,是一种具有误导性的“阳春白雪化”的浪漫想象。
Legal History inside Poetry: The life and Career of Qing Judges in Poetry Collection of Baochongzhai
- Available Online:
2018-11-01
Abstract: Ben Liang (1771−1847) was a Manchu official who lived through the reigns of Jiaqing (1796−1820) and Daoguang (1820−1850). Throughout his life, he had authored more than 8, 000 poems that had been edited and published in the title ofPoetry Collection of Baochongzhai by his brother. Because Ben Liang had served as both a supervisory official and a vice minister in the Board of Punishment for a long time and his poetry was more akin to diary that contained quite a few poems pertaining to communications with his colleagues, the poetry could be an excellent source for studying the careers, personal pursuits, and daily lives of Qing judges. In addition, the poetry will help us understand the function of the Qing criminal justice. This paper intends to argue that in the Qing, with the exception of legal experts, most officials tended to pay little attention to law due to the overwhelming importance of civil service examination. In their spare times, aside from their primary interests in writing poems and drinking wines, officials in the Ministry of Punishment would also be intrigued by calligraphy, stone and metal carving, collection, gathering, and travel. Therefore, their knowledge on law could not be overestimated. The assertions of some scholars that Qing legal experts had high professional capabilities and enjoyed a promising life of reading statutes are merely a romantic imagination.