The "Human Sentiment", The "Ethics" And The "Law" In Southern Song Dynasty

This thesis is base on The Collection of Pure and Bright Court Verdict Made by Famous Officials, and I survey the application of the"human sentiment", the"ethics"and the"law"in civil cases in Southern Song Dynasty.The essay is divided into three parts: The first part is the Summary of the"The Collection of Pure and Bright Court Verdict Made by Famous Officials". I summarize the main contents of the book and make a bracket of the cause of the judgments. Through the exposition, the proportion of the"human sentiment", the"ethics"and the"law"can be embodied.The second part is the specific survey about the application of the"human sentiment", the"ethics"and the"law". Based on the specific survey of the judgments, we can find out the implication and the function of the"human sentiment", the"ethics"and the"law". This part consists of two aspects: firstly, the demands of the justice and the attitudes of the judges about the"human sentiment", the"ethics"and the"law"in the official documents. From the contents of the book, it can be classified into official documents and civil judgements. Official documents and part of the civil judgements demand the way how to settle the civil disputes. Concretely it demands the right way to deal with the relationship of the"human sentiment", the"ethics"and the"law". Secondly, after the overall demands, I analysis the application of the"human sentiment", the"ethics"and the"law"concretely. This is the main body of the thesis. After the Serious research, I divide the"human sentiment"into several classifications, they refer to every respect of the lives, including the fact and the truth, the emotions, the human relations, the national conditions, the changed conditions, the family background, the status and so on. I elaborate the concrete"human sentiment"in the case and how the"human sentiment"and the"ethics"affect the final judgements.The third part is the implication of the"human sentiment", the"ethics"and the"law"and the relationship of them in the judgments. The mainly implication of the"human sentiment"in the book is the actual state of affairs what effect the final judgements. The mainly implication of the"ethics"is a set of rules which have specific significances. As the basis of the judgements, the"ethics"play the same role with the law, and in some cases, they are more important. I have probed tentatively into the basis of legal theory, and I think that it is proper to try according to the"human sentiment"and the"ethics". The proper quality comes from people's true life at that time. The character is that taking the"human sentiment"and the ethics"but not national law as the leading factor on legal basis and quantity; the result of a case is within the range of the"human sentiment"and the"ethics". The relationship between the"human sentiment", the"ethics"and the"law"is the"human sentiment"is the root, the"ethics"is the application, and the"law"plays the least role in the civil judgements.Through the discussion above, I point out that the"human sentiment", the"ethics"and the"law"in civil cases in Southern Song Dynasty refers to every respect of the lives. They play an important role in the civil disputes. The existence of the"human sentiment", the"ethics"and the"law"is consistent with the moralities which pass through the ancient society. At last, I think that if the law was so developed that it could contain all the concepts which exist in the society, the"human sentiment", the"ethics"and the"law"could be integrated.