“真理”与法兰西近代国家--以路易九世法律形象建构为中心  

“Truth” and the French Modern State:Observations Based on the Medieval Construction of the Legal Image of Saint Louis

作　　者：沈坚[1] 董子云 Shen Jian;Dong Ziyun(Department of History,Zhejiang University,Hangzhou 310028,China)

机构地区：[1]浙江大学人文学院,浙江杭州310028

出　　处：《浙江大学学报（人文社会科学版）》2019年第6期196-207,共12页Journal of Zhejiang University:Humanities and Social Sciences

基　　金：国家社科基金重大项目(12&ZD187)。

摘　　要：中世纪法国圣徒国王路易九世的法律形象以追求"真理"为主,其实质是将基督教理想移植到世俗王国的统治并用以规范法律实践。圣路易超越法条主义的法官形象背后,蕴含着中世纪神学家和法学家对司法中如何认识真相的思索。国王统治所需履行的宗教义务让世俗政权得以借用教会的"真理意识形态",吸收罗马-教会法的资源,以调查和习惯法改造等手段改革法律秩序。圣路易时代的法国,法律制度迅猛发展,而他在其中扮演了积极的角色。这标志着"真理"与王国治理的结合,奠定了法兰西近代国家的精神和制度框架。Recent French scholarship has begun to examine some of the fundamental concepts that helped to build the French modern state.In his newly edited collective work,Jean-Philippe Genet does not hesitate to call″truth″one of the vecteurs de l’idéel in this grand historical process,and various scholars have discussed about different aspects of the growing Foucaultian″truth regime″in late medieval France.It is,however,to be admitted that precedent studies did not pay much attention to how exactly this″truth regime″was established in the medieval French Kingdom.In fact,as we shall argue,the ideology of truth,originated from the ecclesiastical discourse of reform as a result of Gregory VII’s″papal revolution″,was officially recognized and absorbed into the ideology of monarchical governance during the reign of Louis IX(Saint Louis)and was further amplified in the process of his canonization.To capture the concrete path of this intellectual and institutional evolution,this article proposes to examine the legal aspect of the advent of this″truth regime″.Constantly seeking″truth″is an important element in the making of Louis IX’s sanctity and constitutes the essential part of his legal image.Echoing the Church’s opposition of the truth against the custom(″Dominus,Ego sum,inquit,veritas.Non dixit,Ego sum consuetudo″.)and its call for abolishing evil customs,the saintly king was portrayed by various historical sources as an earthly promoter of ideal justice and a reforming legislator who was resolute enough in his fight against the chaotic legal order.All his actions and policies drew their inspiration and legitimacy from the idea of pursuing″truth″.In this sense,″truth″is the key concept which bridges the Church ideology and its secular communication and implementation,and Saint Louis is a key figure in the building of the ruling ideology of the French modern state,as it is through him that Christian ideals were fully transplanted to the secular practice of rule and justice.An exam

关 键 词：中世纪法国 近代国家 圣路易 “真理” 司法伦理 法律形象 

分 类 号：K565.3[历史地理—历史学] B978[历史地理—世界史] D909.565[哲学宗教—宗教学]