莎剧《奥瑟罗》的法律之维
发布时间：2018-09-17 19:21
【摘要】：作为一项跨学科研究,“法律与文学”在国内外均取得了长足的发展。从早期探索走向学术自觉,从零散、片断性研究走向系统、成规模论说,并进而形成观点的交锋,学理的探讨,这一过程展示了“法律与文学”这一交叉研究的生命力,同时也表明这一研究具备获得进一步推进、深化的可能。 莎士比亚是英国文艺复兴时期杰出的剧作家与诗人,是人类文明史上最重要的作家之一。“莎士比亚”甚至就是伟大作家的代名词。莎翁的不朽名著《奥瑟罗》位列“四大悲剧”之一,讲述了一位英雄人物如何受到奸人的唆使而杀害了他忠贞的妻子的故事。 本文将从“法律与文学”的视角对《奥瑟罗》进行全新阐释,以期廓清《奥瑟罗》一剧中的法律维度,并以法律的思维对剧中主要人物的行为性质与心理动机做进一步探讨,从而分析这出悲剧里各人物冲突与错位的深层原因,进而还原造成这种断裂的过程,找寻这出悲剧的根源。 本文的第一章将分析《奥瑟罗》中法律世界的结构组成。《奥瑟罗》一剧存在两个地理场景——威尼斯与塞浦路斯。这两个地点及其所蕴含的法律象征是《奥瑟罗》法世界的重要构成。从威尼斯到塞浦路斯,是秩序向混乱的过渡,是法律有效运作到渐趋失势的历程。这一过程同奥瑟罗杀妻一案紧密结合在一起,有助于回答一个重要问题,英雄的奥瑟罗究竟有没有堕落。从威尼斯法律的支持者转变为残忍的凶犯,尽管最后的悔悟与自刎让人们看到了这位昔日英雄的残影,但他突破法律底线,犯下杀人重罪,己经无法带给他道德上的豁免。通过法律伦理的角度,将很容易看清这一点。 第二章将关注的重点放在全剧最邪恶的人物伊阿古身上。通过引入刑事法律有关犯罪动机、犯罪目的以及犯罪故意的理论,对伊阿古的所作所为逐一进行梳理,对他行为的性质给出判断。作为罪恶的原始发动者,利用刑事法律理论对其犯罪行为进行探究有比较明显的优势。最关键的一条在于刑法一直都将罪视作唯一的研究重心,在查明罪的方面,刑法最追求真相,也最直接、最单纯、最不受其他边缘因素的影响。 第三章试图还原奥瑟罗内心确证妻子苔丝狄蒙娜存在通奸行为的过程。在这一过程中,奥瑟罗将自己视作唯一的裁判者,他所依凭的“证据”在法律上难以获得效力,但却让他自己深信不疑。分析这种错位能使我们获得对程序正义价值的认同,并促使我们反思个人的偏见与社会的压力如何影响了我们的决策,造成了我们选择的不自由。 第四章将试图回答全文最后一个问题,奥瑟罗为什么最终抛弃了法律信条,走向毁灭之路。法律的确存在局限,不仅表现在它的滞后、僵化以及暴力上,更重要的是它与人世的爱之间存在相互的误解,存在价值联系的不当割裂。奥瑟罗感受到了这种错位,他将脱离这种困厄的希望寄托于苔丝狄蒙娜一人身上,在他的爱人那里他还原为人,而非仅仅是一架战争机器,这恰恰成为了他的软肋而被伊阿古利用。他将法律与爱统一的理想无法在苔丝狄蒙娜那里实现,因此他不但抛弃了法律,还毁灭了他的爱。可是事实上,法律与爱共享着同样的价值追求,奥瑟罗无视这一点,《奥瑟罗》的法世界只能崩溃。
[Abstract]:As an interdisciplinary study, Law and Literature has made great progress both at home and abroad. From early exploration to academic consciousness, from fragmentary and fragmentary research to systematic, scaled theory, and then formed a confrontation of views, academic discussion. This process demonstrates the vitality of the cross-study of Law and Literature. At the same time, it shows that this research has the possibility of further advancing and deepening.
Shakespeare is one of the outstanding playwrights and poets of the Renaissance in England and one of the most important writers in the history of human civilization. The story of his faithful wife.
This article will make a new interpretation of Othello from the perspective of "law and literature" in order to clarify the legal dimension of Othello's play, and make a further study of the main characters'behavioral nature and psychological motivation with legal thinking, so as to analyze the underlying causes of the conflicts and dislocations of the characters in the tragedy, and then restore the causes. This process of fracture seeks the root of this tragedy.
The first chapter of this paper will analyze the structure of the legal world in Othello. The play "Othello" has two geographical scenes - Venice and Cyprus. These two locations and their legal symbols are the important components of the legal world in Othello. From Venice to Cyprus, it is the transition from order to chaos and the effective transportation of law. This process, closely linked to Othello's murder of his wife, helps answer an important question: Has the hero Othello ever degenerated? Breaking the law's bottom line and committing a felony homicide has not brought him moral immunity. From the perspective of legal ethics, it will be easy to see this point.
The second chapter focuses on Iago, the most evil character in the whole play. By introducing the theory of criminal law about criminal motive, criminal purpose and criminal intent, the author sorts out Iago's actions one by one, and judges the nature of his actions. As the original initiator of crime, he uses the theory of criminal law to judge him. The most important thing is that the criminal law always regards crime as the only research focus. In the aspect of finding out the crime, the criminal law pursues the truth most directly, the simplest and the least affected by other marginal factors.
In the third chapter, the author tries to restore Othello's inner process of confirming his wife Desdemona's adultery. In this process, Othello regards himself as the sole judge. The "evidence" on which he relies is not legally valid, but convinces himself. Analyzing this dislocation can make us gain the value of procedural justice. Recognition, and encourages us to reflect on how individual prejudices and social pressures affect our decision-making, resulting in our choice not to be free.
Chapter Four will try to answer the last question in the full text, why Othello finally abandoned the legal doctrine and went to the road of destruction. The limitations of law are not only manifested in its lag, rigidity and violence, but more importantly, there are misunderstandings between it and the love of the world, and there is an improper separation of value relations. In this dislocation, he placed his hope of escape on Desdemona, who was a man, not just a war machine, with his lover, who had become his weakness and had been exploited by Iago. He abandoned the law and destroyed his love. But in fact, law and love shared the same pursuit of value. Othello ignored this, and the legal world of Othello could only collapse.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：I561.073;D90-059
本文编号：2246855
[Abstract]:As an interdisciplinary study, Law and Literature has made great progress both at home and abroad. From early exploration to academic consciousness, from fragmentary and fragmentary research to systematic, scaled theory, and then formed a confrontation of views, academic discussion. This process demonstrates the vitality of the cross-study of Law and Literature. At the same time, it shows that this research has the possibility of further advancing and deepening.
Shakespeare is one of the outstanding playwrights and poets of the Renaissance in England and one of the most important writers in the history of human civilization. The story of his faithful wife.
This article will make a new interpretation of Othello from the perspective of "law and literature" in order to clarify the legal dimension of Othello's play, and make a further study of the main characters'behavioral nature and psychological motivation with legal thinking, so as to analyze the underlying causes of the conflicts and dislocations of the characters in the tragedy, and then restore the causes. This process of fracture seeks the root of this tragedy.
The first chapter of this paper will analyze the structure of the legal world in Othello. The play "Othello" has two geographical scenes - Venice and Cyprus. These two locations and their legal symbols are the important components of the legal world in Othello. From Venice to Cyprus, it is the transition from order to chaos and the effective transportation of law. This process, closely linked to Othello's murder of his wife, helps answer an important question: Has the hero Othello ever degenerated? Breaking the law's bottom line and committing a felony homicide has not brought him moral immunity. From the perspective of legal ethics, it will be easy to see this point.
The second chapter focuses on Iago, the most evil character in the whole play. By introducing the theory of criminal law about criminal motive, criminal purpose and criminal intent, the author sorts out Iago's actions one by one, and judges the nature of his actions. As the original initiator of crime, he uses the theory of criminal law to judge him. The most important thing is that the criminal law always regards crime as the only research focus. In the aspect of finding out the crime, the criminal law pursues the truth most directly, the simplest and the least affected by other marginal factors.
In the third chapter, the author tries to restore Othello's inner process of confirming his wife Desdemona's adultery. In this process, Othello regards himself as the sole judge. The "evidence" on which he relies is not legally valid, but convinces himself. Analyzing this dislocation can make us gain the value of procedural justice. Recognition, and encourages us to reflect on how individual prejudices and social pressures affect our decision-making, resulting in our choice not to be free.
Chapter Four will try to answer the last question in the full text, why Othello finally abandoned the legal doctrine and went to the road of destruction. The limitations of law are not only manifested in its lag, rigidity and violence, but more importantly, there are misunderstandings between it and the love of the world, and there is an improper separation of value relations. In this dislocation, he placed his hope of escape on Desdemona, who was a man, not just a war machine, with his lover, who had become his weakness and had been exploited by Iago. He abandoned the law and destroyed his love. But in fact, law and love shared the same pursuit of value. Othello ignored this, and the legal world of Othello could only collapse.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：I561.073;D90-059
【参考文献】
相关期刊论文 前10条
1 张立新;;莎士比亚剧作法律观探析[J];法制与社会;2009年26期
2 Gavin MacKenzie;;莎士比亚与法律[J];法制资讯;2009年12期
3 方军,刘少萍;一种悖论:莎士比亚的法律观[J];四川外语学院学报;2005年05期
4 李伟民;;艰难的进展与希望——近年来中国莎士比亚研究述评[J];四川外语学院学报;2006年01期
5 李伟民;二十世纪末中国莎学研究综述[J];四川戏剧;2001年04期
6 李清春;;诠释法律与社会的关系——莎士比亚《一报还一报》的法理解读[J];世界文学评论;2009年02期
7 李毅;奥赛罗的文化认同[J];外国文学评论;1998年02期
8 王忠祥,杜娟;《外国文学研究》与莎士比亚情结——兼及中国莎士比亚研究[J];外国文学研究;2004年05期
9 陈兴良;共同犯罪论[J];现代法学;2001年03期
10 王化学;;谁是《奥瑟罗》的主人公?[J];聊城师范学院学报(哲学社会科学版);1990年01期
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