论文部分内容阅读
在中国当代文学涉及情法冲突的叙事中,作品展现了人性在面对情法冲突时的不同选择:法不容情、以情悖法、回归人性,同时彰显了国法、天理、人情的力量及情法之间的冲突与博弈。情法冲突古已有之,且并不会随着社会的进步而消失,通过对四部作品的分析,可以看到法治社会背景下人们在二者间的艰难抉择。然而,其内在一致性在于,四部作品都彰显了情的力量:维护社会秩序要依靠法律,但不能仅仅依靠法律,人类正常的感情诉求以及由此所形成的共同道德伦理观念是法律的支撑,它既是天理即自然法则的具体化,又以其柔软弥补了法律的刚性与机械。
In the narration of contemporary Chinese literature involving the conflict of love, the works show the different choices of human nature when confronting the conflict of love: law can not be tolerated, love affair and law return to human nature, at the same time, it shows the strength of national law, Conflict and Game between Emotions. Conflict of law has existed for a long time and will not disappear with the progress of society. Through the analysis of the four works, we can see the difficult choices between the two under the rule of law. However, its internal consistency is that all four works demonstrate the power of love: maintaining social order depends on law, but it can not rely solely on law. The normal human feelings and the common moral ethics formed by it are the legal support. It is not only the embodiment of natural law, ie the law of nature, but also the rigidity and machinery of law with its softness.