中华法学大辞典︱《中华法学大辞典》法律史学卷编撰人员名单

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《中华法学大辞典》法律史学卷编撰人员名单

主编： 张晋藩 副主编：李铁 编委： (以姓氏笔画为序) 皮继增 吕世伦 刘海年 朱勇 李铁 谷春德 张晋藩 林中 潘华仿 撰稿人： (以姓氏笔画为序) 丁露 于莉华 孔林山 王云霞 王宏治 付金莲 丛卓立 叶长良 田涛 田小梅 皮继增 吕世伦 刘广安 刘全德 刘俊文 刘海年 孙理波 成亚平 朱勇 朱继 江兴国 米健 何敏 何戍中 陈丽君 陈景良 吴兴怀 怀效锋 李青 李铁 李宁婴 李祝怀 李存捧 李曙光 杜纲建 沈致和 沈国锋 谷春德 尚昌顺 郑秦 郑话发 周树显 张彩凤 张希坡 张培田 张晋藩 张筑训 林中 范瑜 范中信 夏家骏 赛吉拉夫 相自成 赵洪石 赵昆坡 赵晓耕 贺卫方 陶广峰 郭成伟 鄂振辉 高恒 高浣月 高鸿钧 曾尔恕 董璠舆 程延国 杨堪 杨少南 杨鹤皋 赖修桂 潘华仿 薛天祥 薛梅卿

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GENERAL INTRODUCTION　I. WILLIAM SHAKESPEARE:LIFE AND WORK

The facts of Shakespeare’s life come down tous from three sources: church and legal records,folk traditions, and the comments of his contemporaries. The church and legal records con-tain a series of dates and facts concerning hisbirth, marriage, business transactions and hisdeath. These give us the merest sketch of hislife, and far from being complete. Of some val-ue are the traditions that were current amongthe old residents of his native town and London, who knew Shakespeare personally. They serveto reconstruct some pages of the poet’s biogra-phy when written records are lacking. Mean-while there are many comments upon Shake-speare’s plays and poems in the works of hiscontemporaries that help us to restore his imageand estimate his influence upon his time. 　William Shakespeare was born on April 23,1564, in Stratford-on-Avon, a charming littletown in Warwickshire. His father, John Shakespeare, was a well-to-do trader in wool, hidesand leathern articles, and once held the office of chief alderman, equivalent to mayor. 　At the age of seven William was sent to thelocal grammar school which he attended for sixyears. He read widely in the books current in hisday and picked up “small Latin and less Greek”. 　When Shakespeare was fourteen, his fatherfell into debt, and the boy probably left schooland became a country schoolmaster, to help sup-port his family. 　In 1582 Shakespeare was married to AnneHathaway, a farmer’s daughter, who was eightyears older than her boy husband. They hadthree children: Susanna and the twins, Judithand Hamnet.There is the traditional saying that Shake-speare had poached on the lands of a certain SirThomas Lucy, a rich landlord. But the poet"was much given to all unluckiness in stealingvenison and rabbits." He was caught by Lucy’skeepers and severely punished (whipped and im-prisoned, it was said). Shakespeare avengedhimself by composing a satirical ballad. Verysoon it became so popular throughout the coun-tryside that wherever Sir Thomas went he wasmet with the strains of the ballad. He was enraged and redoubled his persecution to such a de-gree that Shakespeare was compelled to leaveStratford and seek refuge in London. 　Shakespeare arrived in London in 1586 or1587. At that time the drama was rapidly gai-ning popularity among the people. He was saidto have kept horses for the gentlemen outsidethe play-houses. He must have gone throughmany hardships and undertaken many odd jobsbefore he became acquainted with certain theat-rical companies. Then he became an actor ofsome dramatic troupe, playing minor parts. Hedid not seem to have distinguished himself as anactor; but he must have learned much of thetechnique of dramatic art from his personal ex-perience with the stage. 　Shakespeare lived in an age when the old feu-dal social and economic order was being de-stroyed and a new capitalist society was beingborn and when London took a leading part inthat destruction and that new birth. The theatrical companies actively participated in all thecurrent affairs of London and by their perform-ances helped to propagate new ideas. Whateverforeign country or whatever historic era thedramatists depicted in their plays, the audienceunderstood that contemporary England wasmeant. This is a key to the correct understand-ing of the Elizabethan plays. 　While leading the busy life of an actor,Shakespeare worked hard with his pen. He re-vised old plays and wrote new ones at the rate ofabout two a year. In his plays he was alwayskeenly alive to the events of contemporary life.This, together with his rapidly improved crafts-manship, made his plays extremely popular.There is ample evidence testifying to his greatsuccess . As early as in 1590,Edmund Spenserpraised Shakespeare in one of his poems, andRobert Greene, one of the “university wits”，warned other playwrights, in a letter in 1592, ofthe rise and success of “an upstart crow”， allu-ding to Shakespeare. 　In 1593 and 1594, Shakespeare published histwo narrative poems “Venus and Adonis” and“The Rape of Lucrece”. His “Sonnets”， circu-lating first privately in manuscript, were printedin 1609. His genius as a poet won recognitionfrom his contemporaries. In 1598 a young schol-ar, Francis Meres (1565～1647),published“Palladis Tamia, Wit’s Treasury”(“A Compara-tive Discourse of Our English Poets with theGreek, Latin and Italian Poets“). In this he 　spoke of Shakespeare as one of the leading writ-ers of the time and “the most excellent” in both 　comedy and tragedy, listing 12 of his plays andmentioning his sonnets then circulating private-ly. 　Shakespeare was “a handsome, well-shapedman, very good company, and of a very readyand pleasant smooth wit”. He was called the“gentle Shakespeare”， “gentle Will” among hisfriends. Here is a description of Shakespeare’scharacter by the contemporary poet and drama-tist Ben Jonson : 　“I remember, the players have often men-tioned it as an honour to Shakespeare, that inhis writing (whatsoever he penned) he neverblotted out a line. My answer hath been，‘Would he had blotted a thousand!’ which theythought a malevolent speech. I had not told pos-terity this, but for their ignorance, who chosethat circumstance to commend their friend by,wherein he most faulted; and to justify my owncandour; for I loved the man, and do honour hismemory, on this side idolatry, as much as any.He was (indeed) honest, and of an open andfree nature; had an excellent fantasy, brave no-tions, and gentle expressions, wherein heflowed with that facility, that sometimes it wasnecessary he should be stopped ... His wit wasin his own power; would the rule of it had beenso too! Many times he fell into those things,could not escape laughter: as when he said in theperson of Caesar, one speaking to him, ‘Cae-sar, thou dost me wrong!’ He replied, ‘Caesardid never wrong but with just cause’， and suchlike; which were ridiculous. But he redeemedhis vices with his virtues. There was ever morein him to be praised than to be pardoned.” 　(“Discoveries”) 　This may serve as a clue to the manner ofwriting and the personality of Shakespeare. 　As a playwright, he was much beloved by theactors. In a comedy of the time. “The Returnfrom Parnassus”(1600), one actor says, “Few ofthe university pen plays well；” another answers，“Why, here's our fellow Shakespeare (who)puts them all down, ay, and Ben Jonson too.”What with the industrious authorship, contin-ual rehearsals and performances of his own andother plays, his life must have been very busy.But somehow, he retired to his native town a- 　bout 1611, though still in the prime of life.There seems to be some connection between his 　retirement and the decline of the stage. Afterreturning to his native town, he took a great in-terest in its affairs.But he paid frequent visits toLondon till 1614, and continued his relationswith actors and poets. 　Shakespeare died on April 23, the anniversaryof his birth, in 1616, and was buried in Strat-ford Church. He bequeathed in his will a sum ofmoney for rings as souvenirs to “my fellows,John Herminge, Richard Burbage and HenryCondell.” In his life-time, Shakespeare seems tohave made no attempt to collect and publish hisplays, or even to save his manuscripts, whichwere carelessly left to the stage managers of thetheatres. After his death, two of his above-men- 　tioned fellow-actors, Herminge and Condell,collected and published Shakespeare's plays in1623. To this edition, which has been known as 　the First Folio, Ben Jonson dedicated a poem inpraise of the author: 　“... Soul of the Age! 　The applause! delight! the wonder of ourstage! 　Triumph, my Britain, thou hast one to show 　To whom all scenes of Europe homage owe. 　He was not of an age.but for all time!”