摘要
和「平」可說是法制（尤其是律）的最高境界，所以有「天下平」之說。就法制而言，「平」的境界如何可得？《四庫提要》說：「論者謂唐律一準乎禮，以為出入得古今之平。」實是最簡短而具體的說明。其提示律、禮、平三者是《唐律疏議》的基本內涵，而「平」就是禮、律所要達成的目標。這個目標，是建立在群體身分等差秩序下的和諧社會，也是中華法系（或曰東亞法文化圈）的特質之一，而不是西方所強調重視個人權利的人人平等社會。但東西方有一共通的地方，就是在傳統法文化之下，都重視某種程度的公平、正義。
“Fairness-leading- to- Peace”could be said to be the highest ideal of Chinese traditional legal system. There is an old Chinese saying to confirm this: “peace and harmony achieved under the Heaven is the highest achievement of the human beings”. As far as the legal system was concerned, how could we reach this ideal of fairness? The Summaries of the Four Treasures mentioned:“It is said that since the constitution of Tang legal code was based on“rituals”, when the judgments were delivered, the justice and fairness was served.” This is in fact a very profound analysis. It implies that “legal codes”,“rituals” and“fairness”were core content of The Tang Legal Codes and Their Accompanying Regulations”. And “fairness” was the object of both the“legal codes” and “Rituals” were intended to achieve. This objective was to establish a harmonious society based on a hierarchy of status and was also a characteristic feature of Chinese Legal System (also known as East Asian Sphere of Law Culture). This was very different from those of Western societies which has been based on the individual equal rights. However, there is one common ground shared by
both the East and West. That is: fairness and justice were,
to some extent, taken very seriously both by traditional
East Asian and modern West.
關鍵詞
和平、正義、禮律、中華法系、身分等差秩序
Peace、justice、rituals、legal codes、Chinese Legal Systems、a hierarchy of status