표지로서의 虛辭 ― 秦漢시기 법률 속 ‘及’의 어법적 기능 ―

Abstract

This paper focused on the character ‘及’, which repeatedly appeared in Qin-Han legal code. It had its own important role in terms of dividing phrases. I found three functional principles of the character ‘及’. First, there were equal sentence structures between the former side and latter side of the character ‘及’. Second, while many elements of any side of the character ‘及’ formed a certain category by themselves, the other side also formed different category. Third, it was possible to make a very complicated legal codes using many sets of ‘及’ clauses. However long and complicated, the legal code could be dissolved into a series of sets made of ‘及’ clauses made of two categories. In a newly discovered legal codes of Yuelu Qin strips, we may find exceptional phenomena which does not cope with these principles. In the period of Qin-Han, the lower officials made abridged edition or classified into some work-related kinds for the purpose of efficiency to deal with legal activities. They also put some related some codes into one code of ordinance using many functional particles. The character ‘及’ is one of these. However, this operation could not be fully and strictly completed because it was done in the level of lower administration. That is the reason what we found some examples which does not keep the principles of the character ‘及’ in Yuelu Qin strips especially in the ordinance. Besides, I would like to point out some tendency of the previous studies not to follow functional principles of the particles but to translate the code according to their own understanding of the text. It might lead us misconception of the text, especially legal codes which need universality and consistency to maintain whole empire’s oneness.