问题 问答题

酒泉庞淯母者,赵氏之女也,字娥。父为同县人所杀,而娥兄妹三人,时俱病物故,仇乃喜而自贺,以为莫己报也。娥阴怀感愤,乃潜备刀兵,常帷车以候仇家。十余年不能得。后遇于都亭,刺杀之。因诣县自首。曰:“父仇已报,请就刑戮。”禄福长尹嘉义之,解印绶欲与俱亡。娥不肯去。曰:“怨塞身死,妾之分明;结罪理狱,君之常理。何敢苟生,以枉公法!”后遇赦得免。州郡表其闾。太常张奂嘉叹,以束帛礼之。 ——《后汉书 列女传》 请运用中国法制史的知识和理论,分析上述材料并回答下列问题:

该案反映出中国古代怎样的礼法关系?

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参考答案:

古代自首制度的设立在于鼓励犯罪分子自动投案,改过自新,从而减免其罪责。自首制度体现了统治阶级对“改过”者的宽宥及儒家道德教化、宽缓慎刑的法律理念。汉朝时期,汉武帝采纳董仲舒“罢黜百家,独尊儒术”主张,将儒家思想定为至尊。董仲舒以先秦儒家思想为主体,同时吸收了阴阳、法、道等诸家学说,建构了新的儒学思想体系。“君为臣纲,父为子纲,夫为妻纲”成为封建法律制度的核心。儒家思想要求“德主刑辅”,推行教化,反对“不教而诛”。以集中体现儒家思想的“礼”为指导思想和灵魂的自首制度贯彻着儒家思想的精神要义,从而形成了“德礼为政教之本,刑罚为政教之用”的礼法关系。    

问答题

(46) Globalization might be welcomed on many grounds—the economic, political, communicational, and even linguistic ones come readily to mind but it also has some unfortunate side effects that might prove deadly to the very future of mankind. This is no mere surmise of congenital misanthropes, but the expressed fear of some who are otherwise well disposed to it. Thus Thomas Friedman, in an otherwise optimistically minded book, nevertheless, writes as follows:
(47) The more I observed the system of globalization at work, the more obvious it was that it had unleashed forest-crushing forces of development, which if left unchecked had the potential to destroy the environment and uproot culture...
(48) And because globalization as a culturally homogenizing and environment-devouring force is coming on so fast, there is real danger that in just a few decades it will wipe out the ecological and cultural diversity that took millions of years of human and biological forces to produce.
Something is as ominous as all that is a real threat indeed. (49) And yet, despite such apprehensions, Friedman and others who think like him believe that effects of this magnitude can somehow be sidestepped without interfering with the technicizing sweep of globalization. Is that merely wishful thinking or an inability to take in the full import of his own words
As Friedman points out, the globalization threat is at once to nature and to culture: to the environment and the whole ecological variety of plants and animals, as well as to the quality of human life and the cultural diversity on which it depends. Damage to nature eventually translates itself as damage to culture, and vice versa. The fate of many ancient civilizations that collapsed because they outgrew their natural resources is historical proof of that fact. Our modern civilization is subject to the same self-limiting conditions. (50) Thus, if all agriculture is reduced to an agribusiness industry, then the diversified countryside landscape that humans have created since the Neolithic revolution will become a monocultural ecological desert, for with it will disappear a host of animal and plant species as well as a whole rural way of life with its myriad varieties of folk cultures that have been carried on for millennia. The loss of natural species through the destruction of their natural habitat is paralleled step by step by the loss of cultural "species" through the elimination of their social habitat, which is rooted in a natural environment. The clearing of jungles does not merely exterminate the animals living there, but also the native people whose homes have been there for countless generations.

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