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明律中有“四十无子而妾”的规定,这项律条实际上并没有被严格执行。有明一代这条律法的表达没有变更,但是律法所适用的群体却发生了微妙的变化。明人墓志中有很多纳妾事例。本文通过对明代官绅平民等不同社会阶层墓志的抽样分析,阐述明代法律对纳妾问题的规定及社会实际状况,并解析两者相悖之因。
In the Ming dynasty there is a provision of “forty children without concubines,” which is not in fact strictly enforced. There is no change in the expression of this law from the next generation, but subtle changes have taken place in the groups to which the law applies. There are many cases of concubinage in the epitaphs of Ming people. In this paper, by sampling and analyzing the epitaphs of different social classes such as gentry and civilians in the Ming Dynasty, this article elaborates the regulations on the concubinage in the Ming Dynasty and the actual conditions of the society, and analyzes the reasons for their contradictions.