동아시아 범죄소설의 사회사 - 명청시기 公案小說과 조선후기 訟事小說의 비교를 중심으로 -
A social history of crime fiction of East Asia : from a perspective of a comparative study of Ming-Qing gong'an fiction and late Chosŏn court case fiction
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It seems simply unnoticed that the genre of crime fiction enjoyed a wide readership in East Asia long before Western detective fiction gained a sweeping popularity in the nineteenth-century commercial book market. As far as the genre of crime fiction of premodern East Asia is concerned, most widely circulated was Chinese gong'an 公案 fiction, which was produced in commercial printing form during the late Ming period, and afterwards transmitted to Korea and Japan. It seems remarkable that Chinese gong'an fiction was introduced to European audiences as “Chinese detective fiction” by European sinologists in the late nineteenth century. Yet, as a matter of fact, it was nothing but a mediocre popular fiction whose unchanging narrative patterns had been repeatedly reproduced for centuries. Hence, one of the most common attempts in the study of gong'an fiction is to compare it with Western detective fiction or to examine it within the methodological framework of Western narrative theories. This kind of approach, however, tended to neglect the fact that gong'an fiction was developed as part of legal culture under the precondition of its inseparable link with contemporary legal culture, which consequently led to the misconception of gong'an fiction. This article suggests that we should reread gong'an fiction in the very sociocultural context in which the text was produced and consumed. From this point of view, crime fiction may be read as a critical source of Chinese legal history or history of Chinese legal culture, which reveals the hidden truth - for instance, the gap between official representation and actual practice in Chinese law, as contended by Philip C. C. Huang - that the legal code or official legal literature simply ignored. In this respect, a comparative study of Chinese gong'an fiction and late Chosŏn court case (songsa 訟事) fiction might contribute itself to constructing a comparative history of East Asian legal culture as well. In particular, this kind of popular texts may represent the people's point of view of legal rules and their “legal consciousness,” which was completely expunged in official legal literature. This approach will provide a rare opportunity to examine what similarities and differences were made between Ming-Qing legal culture and the Chosŏn counterpart, and furthermore whether or not “arbitrary rule by law” prevailed in premodern East Asian society.
Abstract
It seems simply unnoticed that the genre of crime fiction enjoyed a wide readership in East Asia long before Western detective fiction gained a sweeping popularity in the nineteenth-century commercial book market. As far as the genre of crime fiction of premodern East Asia is concerned, most widely circulated was Chinese gong'an 公案 fiction, which was produced in commercial printing form during the late Ming period, and afterwards transmitted to Korea and Japan. It seems remarkable that Chinese gong'an fiction was introduced to European audiences as “Chinese detective fiction” by European sinologists in the late nineteenth century. Yet, as a matter of fact, it was nothing but a mediocre popular fiction whose unchanging narrative patterns had been repeatedly reproduced for centuries. Hence, one of the most common attempts in the study of gong'an fiction is to compare it with Western detective fiction or to examine it within the methodological framework of Western narrative theories. This kind of approach, however, tended to neglect the fact that gong'an fiction was developed as part of legal culture under the precondition of its inseparable link with contemporary legal culture, which consequently led to the misconception of gong'an fiction. This article suggests that we should reread gong'an fiction in the very sociocultural context in which the text was produced and consumed. From this point of view, crime fiction may be read as a critical source of Chinese legal history or history of Chinese legal culture, which reveals the hidden truth - for instance, the gap between official representation and actual practice in Chinese law, as contended by Philip C. C. Huang - that the legal code or official legal literature simply ignored. In this respect, a comparative study of Chinese gong'an fiction and late Chosŏn court case (songsa 訟事) fiction might contribute itself to constructing a comparative history of East Asian legal culture as well. In particular, this kind of popular texts may represent the people's point of view of legal rules and their “legal consciousness,” which was completely expunged in official legal literature. This approach will provide a rare opportunity to examine what similarities and differences were made between Ming-Qing legal culture and the Chosŏn counterpart, and furthermore whether or not “arbitrary rule by law” prevailed in premodern East Asian society.
참고문헌 (49)
- "審理錄 上ㆍ下篇", 법제처, ~ (1968)
- 장효현, "우언우화소설" (2002), 고려대학교 민족문화연구원
- 張應兪, "鼎刻江湖歷覽杜騙新書" (1994), 上海古籍出版社
- 桂萬榮, "당음비사" (2013), 세창출판사
- 金九, "김구자서전 白凡逸志" (2002), 나남출판
- 김용흠, "牧民攷ㆍ牧民大方" (2012), 혜안
- 김재환, "와사옥안연구", 동남어문논집, 7 (1997), 동남어문학회
- 박명진, "≪杜騙新書≫의 제재 유형과 저널리즘적 글쓰기", 동아인문학, (20), pp.305~342 (2011), 동아인문학회
- 박소현, "그들이 범죄소설을 읽은 까닭은? : 공안소설과 명청시기 중국의 법률문화", 중국소설논총, (31), pp.281~305 (2010), 한국중국소설학회
- 박소현, "소송과 사회-두편신서(杜騙新書)를 통해 본 명말 소송사회의 실상", 정신문화연구, 37(1), pp.125~156 (2014), 한국학중앙연구원
- 박소현, "법률 속의 이야기, 이야기 속의 법률 - 『欽欽新書』와 중국 판례", 대동문화연구, (77), pp.413~450 (2012), 대동문화연구원[DOI]
- 백승철, "新編 牧民攷" (2014), 혜안
- 李鈺, "완역이옥전집 2" (2009), 휴머니스트
- 신해진, "서류 송사형 우화소설" (2008), 보고사
- 심재우, "조선후기 소송을 통해 본 법과 사회", 동양사학연구, (123), pp.87~119 (2013), 동양사학회
- 심희기, "한국법제사강의" (1997), 삼영사
- 안정복, "臨官政要" (2012), 혜안
- 왕여, "신주무원록" (2003), 사계절
- 이대형, "要覽" (2012), 보고사
- 이헌홍, "한국송사소설연구" (1997), 삼지원
- 전경목, "조선후기에 서당 학동들이 읽은 탄원서", 古文書硏究, 48, pp.257~286 (2016), 한국고문서학회
- 전경목, "유서필지" (2006), 사계절
- 丁若鏞, "牧民心書 4" (1988), 창작과 비평사
- 조윤선, "조선후기 소송 연구" (2002), 국학자료원
- 최종고, "막스 베버가 본 동양법-비교법사의 기초를 위하여", 법사학연구, 6, pp.247~284 (1981), 법사학회
- 郭建, "中國史新論-法律史分冊"
- 邱彭生, "明淸法律運作中的權力與文化" (2009), 中央硏究院
- 魯迅, "中國小說史略" (1973), 人民文學出版社
- 黨江舟, "中國訟師文化 - 古代律師現象解讀" (2005), 北京大學出版社
- 夫馬進, "明淸時期的民事審判與民間契約"
- 夫馬進, "明淸法律運作中的權力與文化"
- 夫馬進, "中國訴訟社會史の硏究" (2011), 京都大學學術出版社
- 柳立言, "中國史新論-法律史分冊" (2008), 中央硏究院
- 滋賀秀三, "明淸時期的民事審判與民間契約" (1998), 法律出版社
- 足立啓二, "明末の流通構造: 『杜騙新書』の世界", 文學部論叢, 41, pp.31~57 (1993), 熊本大學文學會
- 黃霖, "『杜騙新書』與晩明世風", 文學遺産, (1), pp.92~102 (1995)
- Alford, William P, "The Limits of the Rule of Law in China"
- Furth, Charlotte, "Thinking with Cases: Specialist Knowledge in Chinese Cultural History" (2007), University of Hawai'i Press
- Hahm, Pyong-Choon, "The Korean Political Tradition and Law: Essays in Korean Law and Legal History" (1971), Royal Asiatic Society Korea Branch
- Hanan, Patrick, "Judge Bao's Hundred Cases Reconstructed", Harvard Journal of Asiatic Studies, 40, pp.301~323 (1980)
- Huang, Philip C. C., "Civil Justice in China: Representation and Practice in the Qing" (1996), Stanford University Press
- Hung, Eva, "Translation and Creation: Readings of Western Literature in Early Modern China, 1840-1918"
- Idema, Wilt L., "The Mystery of the Halved Judge Dee Novel: The Anonymous Wu Tse-t'ien ssu-ta ch'i-an and its Partial Translation by R. H. Van Gulik", Tamkang Review, 8(1), pp.155~169 (1977)
- Jiang Yonlin, "Thinking with Cases: Specialist Knowledge in Chinese Cultural History"
- Kim, Marie Seong-Hak, "Law and Custom in Korea: Comparative Legal History" (2012), Cambridge University Press
- Lieberman, Jethro K., "The Litigious Society" (1983), Basic Book
- Ma, Y. W., "The Pao-kung Tradition in Chinese Popular Literature", Ph.D., pp.1971
- Pollard, David, "Translation and Creation: Readings of Western Literature in Early Modern China, 1840-1918" (1994), John Benjamin's Publishing Company
- Turner, Karen G., "The Limits of the Rule of Law in China" (2000), University of Washington Press