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Journal of Chinese Legal Studies (JCLS) Vol.1 No.1.jpg
학술저널

Why He Killed Her as a Lover : A Feminist Analysis of the “Xiang Gong Murder Case” in the Northern Song Dynasty

“爱”她为何杀她:北宋“向拱杀妇案”的女性主义分析

DOI : 10.62989/JCLS.2024.1.1.35
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In the case of Xiang Gong's murder of his mistress during the interim period from the Tang to the Song Dynasty, the logic behind the actions of the various characters is a question worth exploring. Through the methods of literature review and case analysis, combined with feminist theoretical tools, this study provides a detailed analysis of the unequal characteristics of sexual behavior norms during the Tang-Song period, the background era of the case. The research finds that, from the perspective of status differences, the law provides less protection and fewer constraints on the sexual behavior of women of low status, while offering more protection and constraints for women of good status. From the perspective of gender differences, men of good status enjoy a broader range of sexual freedom compared to women of good status. In summary, the desires of women of good status were greatly suppressed during this period. Against this backdrop, although Xiang Gong's action of killing his mistress was given a relatively positive evaluation by Xiang Gong himself and the patrol officer, in fact, it was merely a display of male hegemony and performativity of phallocentrism, rather than a just act. In conclusion, Xiang Gong's action of killing his mistress is a manifestation of misogyny, while the mistress’s act of killing her husband is a form of destructive resistance. This tragedy, which resolved violence with violence, still holds a warning for people of the present day.

在唐宋之交的向拱杀妇案中,各个人物背后的行动逻辑为何,是值得探究的问题。通过文献资料分析法和案例分析法,结合女性主义的理论工具,详细解析了在案件的背景年代唐宋时期,性行为规范的不平等特征。研究发现,从身份差异的角度看,法律对贱民妇女的性行为保护较少,约束较少;对良民妇女的性行为保护较多,约束也较多。从性别差异的角度看,良民男性比良民女性享有更广泛的性自由。总之,良民妇女的情欲在该时期受到极大压制。在此背景下,向拱杀妇的行动虽然被向拱本人、警巡者赋予了较为正面的评价,但事实上,这仅仅是一场男性霸权行动与阴茎中心主义的性别的展演,而非正义之举。总之,向拱杀妇的行动是厌女的表现,潞之妇女的杀夫行动则是一种毁灭式的反抗。这场以暴制暴的惨剧,对今世之人仍具有警示意义。

1 引言:“向拱杀妇案”及其所引思考

2 案件法律背景:唐宋时期不平等的性行为规范

3 “向拱杀妇案”案例分析:以女性主义的视角展开

4 结语:从压迫走向自由

参考文献

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