『주역』에 담긴 ‘옥(獄)’의 의미와 해석 특징

Abstract

This paper is a study on ‘yu(獄)’ expressed in gua(卦). It is a dissertation that discourses on three major problems replicated in the characteristics and meaning of guaxiang(卦象) and the sentences of Zhouyi(周易). Firstly, the study pursuits the characteristics of ‘yu’ expressed in guaxiang and the sentences of Zhouyi. Secondly, considering the contrasting creation period of Yijing(易經)과 Yichuan(易傳), the study seeks to find out the difference between the meaning and interpretation of ‘yu’ expressed on each gua. Thirdly, from the method of interpretation, the study hypotheses with a prospect for the existence of features in guaxiang which expresses ‘yu’, and therefore the study gives an explanation that classifies ‘yu’ documented in Yijing과 Yichuan. In Zhouyi, there are five guas that express ‘yu’—shikegua(噬嗑卦), bigua(賁卦), fenggua(豐卦), lugua(旅卦) and zhongfugua(中孚卦). In the Yijing, the guas that refer to ‘yu’ are bigua(賁卦), fenggua(豐卦), lugua(旅卦) and zhongfugua(中孚卦). The five guas of Zhouyi possess the meaning and characteristics of ‘yu’ expressed in the five guas of gua xiang and the sentences of Zhouyi are as follows. Firstly, the concept ‘yu’ means prison(監獄), imprisonment(投獄), lawsuit(獄訟), and administration of the major criminal cases such as murder and high treason(獄事). These concepts deeply relates to a variety of punishments(刑罰). Likewise, there are characteristics connected to the enactment and execution of the politics and criminal law. Secondly, the concept of ‘yu’ expressed in Yijing and Yichuan differs in actions and judgments of the late[preceding] king(先王) and the man of virtue(君子). In detail, the administration of the major criminal cases such as murder and high treason is significant in ancient kingdom with its basis in shikegua. Furthermore, the remaining four guas comprise actions and judgments of the military rulers to determine ‘yu’ as well as the decision of the prisoner and the delay of the death penalty. In other words, gua safeguarded and roused over control of the speed and the importance of judgment. This upholds the emphasis on the Confucian respect for human life and prudence and the discernment to punishment decisions rather than strict legal enforcement. Thirdly, the word ‘yu’ expressed in the five guas includes the xiangli(象理) of lihuo(離火). The shikegua, bigua, lugua and fenggua include lihuo of xiaochenggua(小成卦). In the zhongfugua, the gua xiang itself develops a big liguagua(大離卦). In addition, guaxiang(卦象), which expresses ‘yu’, develops into guaxiang of fanyi(反易) and gua of daodian(倒顚卦) in terms of interpretation methodology. With exception to zhongfugua, gua of jiaoyì(交易) and zenggua(綜卦) are identical in terms of the inclusion of ‘yu’.