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The Research On The Contradiction Between The Law Of Marriage And The Customs Of Marriage In The Tang Dynasty

Posted on:2008-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:B J ZhangFull Text:PDF
GTID:2166360215452259Subject:Legal History
Abstract/Summary:PDF Full Text Request
In this article, the author takes the marriage as an object of study. In the field of marriage, the actions were regulated mainly by civil law. But in the society of ancient China it's not only a kind of civil affairs, but also an important thing connected with the patriarchal clan system and the domination of country. The marriage in ancient china be mainly regulated by criminal law. Selecting Tang Dynasty and taking The Tang Law as the sample of legal system, the author make a analysis of history, biography, legend and fiction comparing with the research of the law of marriage in the Tang Dynasty, which stands for the top levels of legal system in the feudal society. To integrate all of the analysis of contradiction between the law and customs in the Tang Dynasty, we can draw a conclusion that it reflects the truth of marriage practice in the Tang Dynasty, which have lots of values on the legal practice of law of marriage in modern times.The first part is the basic stage of research, which is collecting information and making a comparison with two aspects. Firstly, author take the research of legal system as an aspect, which is Tang Law considering as top statue book in feudal society. In the Tang Law and other legal documents like the Tang Order, there is a lot of articles about marriage of law, such as marriage, divorce, taboo, remarriage and etc. In detail, Six Rites includes to receive present, to ask name, to divine, to receive wealthy, to date, and to get bride back. Forbidden regulations of marriage includes that forbid to marry somebody who have a same first name, that forbid to marry when have a funeral, that forbid to marry a people of different class, that forbid to marry a monk or a Taoist, that forbid to marry two wife in the same time, that forbid to marry a citizen in one's own town, that forbid to marry a escaped woman, that forbid to threaten women, that forbid to purchase wife, that forbid to have sex before marriage, that forbid to marry by oneself. The constrain of women's rights in marriage, including that divorce, remarriage, encourage virtue. Secondly, the author takes the truth running in the society as another aspect. Through analysis of history and reality, the author makes an analysis of history, biography, legend and fiction comparing with the research of the law of marriage in the Tang Dynasty. In the real life, there is a lot of phenomenon which opposite to the marriage law, such as marriage with relatives ,marriage while a funeral happens, marriage with a monk or Taoist, to marry two wife at the same time, freedom of marriage, purchase a wife, freedom of divorce and remarriage, ignore virtue, and so on. The author attempt to give a describe of the contradiction between two aspects.The second part is explaining the reason of the contradiction between law and reality by there ways that including economics, politics and culture. In the sum, there exist four causes. Firstly, Tang governments communicated with other countries closely and be influenced by foreigner deeply. Secondly, the old nobles in opposition to the new ruler of nobles, so does in the field of marriage. Thirdly, the Confucian's rule of manners and law is degenerating and the civilization of law is developing. Fourth, the reasons of economies, politics, culture and etc. By the four reasons, we come to the conclusion that when the law opposite to the reality, the judge will avoid to face the problem, and judge in bounce. With time flow, the law and the reality come to integrate into the same thing in the last years of Tang Dynasty. The third part, the influence of the marriage law and customs in the Tang Dynasty was assessed. First, the law of marriage in the Tang Dynasty became a model of the following dynasty. Second, an abundance of values exist in the running process of the law of marriage in the Tang Dynasty. To think highly of contract of marriage. To think highly of fair, freedom, honest in the marriage process. Solve the contradiction between law and customs, and go ahead in a manner of no opposition.In the sum, the author think that we should have a method of analysis of reality and history in detail in order to restore the real landscape of the marriage in the Tang Dynasty. Law in the practice is the true law in the history. The marriage condition in detail in practice was a tradition customs of China, which we should know clearly in the day life. The law in the ancient china is not a substitute of pressure, constrain, backward, however, there is a lot of ideas which be worth to study by ourselves. We must go forward in the way of advancement suit for customs of China.
Keywords/Search Tags:Contradiction
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