秦․漢時代의 ‘庶人’ 再論

Abstract

Recently, Mr. Joong Hyuk Im 任仲爀 defined the Characteristic and the general idea about Shi Wu and Shu Ren that Qin秦 and Han’s 漢 rank of nobility is “the system that was converged into Shi Wu士伍”. However, I felt that we should face this problem from different point of view. Particularly, Mr. Joong Hyuk Im understands the Shu Ren 庶人 by a part of ‘the system’ but I think there is a limitation to grasp of characteristic and its transition by his point of view. To understand the actual condition about Shi Wu from Qin and Han’s dynasties, We should examine the content from Sui Hu Di Qin Bamboo Manuscripts. The similar substance of Shi Wu from the above is existing on the grave which was founded from west side in Qinshihuang. It is written that a person who has noble title is resting there. People were even died because of the hard laboring. There was any chance that a person who has noble title could have reduction. It is very hard to find the character of Shu Ren. Mr. Sinaichikou 椎名一雄 said that Shu Ren 庶人 is similar to the Qi Koe Shi 七科讁 people who were excepted in military service and ｔｈｅ　ｃｏｒｖｅｅ. However, I think that Shu Ren and Qi Ke Shi are different. Actually, I think that Shu Zi 庶子 from Shang Ju Shu Jing Nei 商君書 境內 is more similar to the Shu Ren庶人. From Shang Jun Shu Jing Nei 商君書 境內, we can find out that if someone catches an enemy they get certain amount of farm land, house and also a Shu Zi 庶子. This Shu Zi is different than a slave in private employ because Shu Zi only works for a six days per a month. The legal text of year 2 does not mention about giving a salve to the people of noble title. If the farm land and house land were given by the level of noble title, people need many slaves to work for them. As the noble title was higher, they had more farm land or house so they needed many slave to work for them. I think Shu Zi did not have a noble title and it was a Shu Ren. The thing that they provided a laboring to a person who has noble title was a sign that Shu Ren was the corvee of a person under Jing Tian Zhi. On the book the legal text of year 2 shows us about Shu Ren, they seemed like they were subordinated. From The legal text of year 2 has a example about releasing the slave in private employ and make him as a Shu Ren. This example shows us the characteristic of Shu Ren clearly. His owner makes his slaves to be free, that does not mean that they will be free forever. If they do make a problem or do crime they are going to slave. Therefore even though the owner frees his slave to go and the slave becomes a Si Shu or a Shu Ren, it was conditionally free. The thing is even though the owner let the slave become a Shu Ren 庶人, the slave is still belongs to the owner. More interesting thing is if the slave becomes a Si Shu or a Shu Ren, they were discharged with a laboring and paying head tax. This is same case with that Shu Ren who are excluded from the age law in legal text of year 2 and Shu Ren who was excepted from the corvee and military service.