干名犯义

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《红楼梦》中的女性悲剧,源于清朝哪些法律制度?|书摘
Di Yi Cai Jing· 2025-08-27 07:47
Core Viewpoint - The book "命若朝霜: 〈红楼梦〉里的法律、社会与女性" by Professor Ke Lan analyzes the legal and social conditions of women in the Qing Dynasty as depicted in "Dream of the Red Chamber," highlighting the systemic legal flaws that contributed to women's low status and the despair of the author Cao Xueqin [1][12]. Group 1: Legal Context and Women's Status - The book consists of 12 chapters, each focusing on the fate of a female character in "Dream of the Red Chamber," such as Qin Keqing and Lin Daiyu, and examines how events like collusion, abduction, childbirth, and family property distribution led them into legal predicaments [1]. - The analysis reveals deep-seated structural issues in Qing Dynasty law, including feudal hierarchy and the systemic disempowerment of women, which were not only the roots of the novel's tragedies but also the broader societal issues of the time [1][3]. Group 2: Case Studies and Legal Implications - Qin Keqing's death is often misunderstood in modern interpretations, but understanding the legal context of the Qing Dynasty reveals a more terrifying reality regarding her situation [1][3]. - Traditional Chinese law severely punished incestuous relationships, categorizing them as one of the "ten evils," with harsh penalties for those involved [3][4]. - The legal framework of the Qing Dynasty was family-centric, with strict penalties for crimes that disrupted family order, particularly regarding sexual offenses among relatives [4][8]. Group 3: Gender Dynamics and Legal Outcomes - The power dynamics in Qing families were heavily skewed in favor of patriarchs, who had significant judicial and enforcement powers over their family members, leading to a legal environment that often favored male perpetrators [8][10]. - The law provided minimal protection for women, particularly in cases of sexual assault by family members, where the legal repercussions for the aggressor were often lighter compared to the victim's potential consequences for self-defense [9][10]. - The book highlights that the legal system did not offer effective remedies for women facing sexual violence within the family, making them vulnerable to exploitation and abuse [9][10].