本文从《名公书判清明集》出发,考察宋代司法官员在处理案件,主要是民事案件时提到的“法”“人情”“理”及“情”“情理”等词的含义和功用,意在揭橥这些关键词语在司法推理中所扮演的角色。其主要功用大致有三:一是对当事人提交的证据或其他法官所作的审判行为进行评价;二是对当事人的行为进行批评谴责;三是作为定谳的部分依据。法官在判决中经常会批评当事人的行为悖理或不近人情,这不仅表明判决书实为道德教谕文,且表明法官用法意在教育当事人明白“正确行为之道”。 This article starts from “Ming Ming Ji Gong Qing Ming Ji”, examines the judicial officials in the Song Dynasty in dealing with the case, mainly civil cases mentioned in the “law” “human ” “” and The meaning and function of the words such as “reason” are intended to reveal the role played by these key words in judicial reasoning. Its main functions are roughly three: First, the parties to submit evidence or other judges to judge the conduct of the trial; second is to criticize the behavior of the parties condemned; Third, as part of the fixed basis. Judges often criticize the parties in their judgments for their behavior being unpleasant or unacceptable. This not only shows that the verdict is actually a moral teaching, but also indicates that the judge should use the law to educate the parties to understand “the proper way of doing things.”