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Research On The Marriage Institution Of The Tang Dynasty

Posted on:2008-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y J ShaoFull Text:PDF
GTID:2155360215952252Subject:Legal History
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The Tang Dynasty, built upon the Bei Dynasty, a historical period when the cultures of the minorities and Han's were mutually fertilized, inevitably absorbed a lot from the customs of the minorities, which was showed in its cultural characteristics. For example, people in Tang Dynasty seem to us lively, bold and uncontrolled. Marriage was an important aspect of the social relation. In this paper, in order to study marriage institution of Tang Dynasty, the author probed into the expression of law of etiquette in the marriage from the institutional level.The first part of the paper dealt with the scope of marriage, that is, factors to be considered in deciding a marriage, for example, blood relationship and social position. This part centered on the problem of"the same surname not to marry","relatives of the wife's family of high position and low position not to marry","officials and common people not to marry". To the same clan marriages, a legal requirement to judge the same surname as her husband's name or the father's name or standards. Their names were in addition to its scope, including a woman and had to marry into the national voice of the character differences with the surname has ranged over the same ancestors. But there are differences in sentencing. Since the ceremony along by the spirit of the same surname is not the idea of marriage. Examples of names for marriage, there have been very few, often with the mother's family in the Royal. Not paying itself on the outside marriage, regardless of service itself without outside service, all touch hierarchy, to ban marriage, that marriage is between them outside the system. Brother and sister to marriage but allow foreign expressed itself on this point, well within the marriage between them. Can be seen especially heavy hierarchy and a blood sub. This law provides for an orderly hierarchy theory obviously affected by such factors. But foreign examples in order to create a hierarchy of marriage, the royal family and wife's family was not, we can see that those who violate the law. Royal mother's family is still so privileged; Most people are still required to comply with this community. Scholar on marriages, the nature of the Tang Dynasty scholar, and Wei is different. Shandong Nobles brother's macho society and the door to competing with the imagined marriage, until the late Tang Xuanzong, still exists. Since the marriage is not on good terms, the law provides that in addition to Tang Dynasty and the steps often voice links with the sins of wedlock, the remaining female passengers untouchables, Zakko, Official households and households for music, both the official and private servants, etc. against intermarriage. However, the maid, the woman into the cut-off limits, it may be inclined to turn serious. Not good marriage is not only cheap, even the untouchables can not each other more with each other, for the marriage of the Tang Dynasty dancer, is severe. Although this system is derived from Rite, but strengthened even more. Example, has good low intermarriage with the Royal officials -- including, but not many, and the community does not agree with the concept, Obviously good cheap marry them and only individual factors. On the public not to marry, the law prohibits local people marry with subordinates, but allow the awarding of officials before, in the Department's first marriage, After the official delegation managed to marriage. In addition, officials from the central government, as long as the patriarch also considerable reluctance, the law is not prohibited intermarriage, we can see good people on the cheap is not married, The official position is not entirely to be there, the door seems to have been affected by the slightest idea about. Therefore, the opportunity to do wedding system, although Han-called "princes marry States" theory, But like any other social factors. Based on strong to prevent or bribe officials to marry. Tang Scholar never married, though marriage is not cheap, officials and the public not to marry, can be said to be within the capacity of marriage, from the legal requirements and examples of it, In addition to engaging in Shandong literati emperor banned marriage was not successful, low-married, the opportunity to do more to comply with the implementation of marriage. reflect the prevailing social system still attaches importance to the status of marriage.The second part, starting from the establishment of a marriage, by discussing the marriage time in the marriage process, including such marriage customs as marriage age, forbidden marriage during special period, offer of marriage and getting married etc, inquires into the condition of marriage conforming to etiquette regulation in the Tang Dynasty. Tang age of marriage for women, men, 15 to 20, women between 13 to 15 years. Tang to maintain ethical require a special mourning period shall not be for marriage : marriage; Habitat grandparents, parents imprisoned period not to marry. Although marriage is not derived from the mourning ceremony on the noble, but more stringent, the Tang rulers to show mourning extra attention. And the grandparents, parents in jail, where grandparents, parents ordered to marriage can still show the grandparents. Marriage rights of parents in the position. The betrothal and marriage in the proposed stage, Tang required to have a matchmaker, the officiating, but also about smuggling, marriage certificate, financial and other important appointment. One can possess. Since the marriage law can not be altered.The third part introduced the etiquette and law request between husband and wife and divorce. With regard to the reasons of divorce, the Law of the Tang Dynasty formulated that husband could request to divorce only with"seven out","mutual affection breaking off","dissension"etc. These reasons for divorce all have their origin in the ancient classics about etiquette. But the Law of Tang Dynasty formulated that malignant disease and licentious in"seven out"do not apply to"three not to go". This kind of legal logic centered on patriarchal clan more serious than these classics. At the same time the Law of the Tang Dynasty detailed the items of the crime of"mutual affection breaking off", and included them in the reasons for compulsive divorce. The fourth part probes into the problem of wife and concubine through discussing men's re-married; and women's open mind towards chastity in Tang Dynasty by discussing their re-married. As to the problem of women's re-married, the Law of the Tang Dynasty followed the legal logic of"keeping chastity as the principle while not regarding re-married as wrong". This legal logic was consistent with the spirit of the pre-Qin Dynasty. And the consequences of divorce, the couple is divorced, the couple's freedom, property, children, relatives and relations with the settlement. The disposal of property after the divorce, Tang is not stipulated. After the divorce, their relations with their children, their children's Tang Although no specific attribution, But legal text, we can see from this section couples divorce, their children principle attributable to the husband. The relationship after the divorce, although relatives abatement, but divorced wife, the husband's favor and is not allowed to marry more than free relatives.The fifth part summarized the follows: the organic integration of ethics and law, the effective balance of social interests and clan interests and the proper control of the scope and degree of the government intervention. So I think the guiding thoughts of Tang Dynasty is"managing a family in order to govern a country"which in the legislation and regulation to marriage relation.
Keywords/Search Tags:Institution
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