그들이 범죄소설을 읽은 까닭은? : 공안소설과 명청시기 중국의 법률문화
Why Did They Read Crime Fiction?: Gong'an Collections and Legal Culture in Late Imperial China
0
조회
0
다운로드
10
인용
0
참고문헌
키워드
초록
What I intend to do in this paper is to search for an answer to the question “why they (those ordinary readers in late imperial China) did read a crime fiction called gong'an.” Assessing the literary values of this unique genre of Chinese crime fiction within the modern system of a linear literary history, however, may not be the right way to find that answer. The very historical context in which the Ming-Qing gong'an collections were reproduced, circulated, and consumed has often been neglected in the previous studies of Chinese literary history, or in a comparative study of the modern detective novel. What we should reconstruct in the study of gong'an collections is not the linear course of evolution of the genre, but the genealogy of the genre: that is, a cultural history beyond the boundaries of the genre. From this point of view, what calls for our attention is the fact that a great variety of genres related to the law, aiming at different classes of consumers, were produced in Ming-Qing society, which was filled with a social, cultural desire for narrativizing the law. We should realize the limitations of reading a genre of gong'an in terms of literary standards without reconsidering the historical context that gong'an was a product of a kind of “litigious society. In fact, a genre of gong'an should be taken as a law story whose affinities with a wide variety of legal literature from case history to secret texts for pettifoggers should also be reconsidered. In this sense, my main attempt in this paper is to read a genre of gong'an as a law story and to reconstruct a genealogy of the genre. To do so, firstly I will examine the Ming-Qing legal system and legal culture, and secondly focus on the genres of legal literature associated with gong'an: in particular, secret texts for pettifoggers. Lastly, I will focus on one of the Ming-Qing gong'an collections as a prominent example that illustrates a strong tendency for a law story.
Abstract
What I intend to do in this paper is to search for an answer to the question “why they (those ordinary readers in late imperial China) did read a crime fiction called gong'an.” Assessing the literary values of this unique genre of Chinese crime fiction within the modern system of a linear literary history, however, may not be the right way to find that answer. The very historical context in which the Ming-Qing gong'an collections were reproduced, circulated, and consumed has often been neglected in the previous studies of Chinese literary history, or in a comparative study of the modern detective novel. What we should reconstruct in the study of gong'an collections is not the linear course of evolution of the genre, but the genealogy of the genre: that is, a cultural history beyond the boundaries of the genre. From this point of view, what calls for our attention is the fact that a great variety of genres related to the law, aiming at different classes of consumers, were produced in Ming-Qing society, which was filled with a social, cultural desire for narrativizing the law. We should realize the limitations of reading a genre of gong'an in terms of literary standards without reconsidering the historical context that gong'an was a product of a kind of “litigious society. In fact, a genre of gong'an should be taken as a law story whose affinities with a wide variety of legal literature from case history to secret texts for pettifoggers should also be reconsidered. In this sense, my main attempt in this paper is to read a genre of gong'an as a law story and to reconstruct a genealogy of the genre. To do so, firstly I will examine the Ming-Qing legal system and legal culture, and secondly focus on the genres of legal literature associated with gong'an: in particular, secret texts for pettifoggers. Lastly, I will focus on one of the Ming-Qing gong'an collections as a prominent example that illustrates a strong tendency for a law story.
참고문헌 (38)
- 桂萬榮, "棠陰比事", ~, 歷代判例判牘 Vol. 1.
- "光緖欽定大淸會典‧事例", ~
- 杜家驥, "淸嘉慶朝刑科題本社會史科叢刊" (2008), 天津古籍出版社
- "崇禎外風志", ~ (1961), 上海史料叢編
- 楊一凡, "歷代判例判牘vols. 12" (2005), 中國社會科學出版社
- 王有孚, "一得偶談", ~ (1860)
- 竹林浪叟, "新鍥蕭曹遺筆", ~
- 陳玉秀, "新刻湯海若先生彙集古今律條公案" (1990), 上海古籍出版社
- 루쉰, "중국소설사" (2004), 소명출판
- 박소현, "권력, 이미지, 텍스트―明淸代 公案 삽화를 중심으로", 대동문화연구, (61), pp.267~318 (2008), 대동문화연구원
- 朴昭賢, "텍스트의 생산과 인쇄, 그리고 독서 관습의 관계에 대하여 -包公 이야기를 중심으로", 중국소설논총, (21), pp.255~274 (2005), 한국중국소설학회
- 오금성, "명청시대사회경제사" (2007), 이산
- 夫馬進, "明淸時代的訟師與訴訟制度", ~, 明淸時期的民事審判與民間契約
- 夫馬進, "訟師秘本 蕭曹遺筆 的出現", ~, 中國法制史考證 丙編‧第4卷
- 黃巖伯, "中國公案小說史" (1991), 遼寧人民出版社
- 滋賀秀三, "明淸時期的民事審判與民間契約" (1998), 法律出版社
- 滋賀秀三, "淸代中國の法と裁判" (1984), 創文社
- 楊一凡, "中國法制史考證" (2003), 中國社會科學出版社
- Bauer, Wolfgang, "The Tradition of the ‘Criminal Cases of Master Pao’: Pao Kung-an (Lung-t’u Kung-an)", Oriens, 23 (1974)
- Bodde, Derk, "Law in Imperial China Exemplified by 190 Ch'ing Dynasty Cases with Historical, Social, and Juridical Commentaries" (1967), Harvard University Press
- Brokaw, Cynthia J, "Printing and Book Culture in Late Imperial China" (2005), University of California Press
- Buoye, Thomas, "Suddenly Murderous Intent Arose: Bureaucratization and Benevolence in Eighteenth-Century Homicide Reports", Late Imperial China, 16(2) (1995)
- Eco, Umberto, "The Sign of Three" (1983), Indiana University Press
- Epstein, Maram, "Making a Case: Characterizing the Filial Son", Writing and Law in Imperial China, ~
- Furth, Charlotte, "Thinking with Cases: Specialist Knowledge in Chinese Cultural History" (2007), University of Hawai'i Press
- Ginzburg, Carlo, "Morelli, Freud, and Sherlock Holmes: Clues and Scientific Method", The Sign of Three., ~
- Hanan, Patrick, "Judge Bao's Hundred Cases Reconstructed", Harvard Journal of Asiatic Studies, 40 (1980)
- Hegel, Robert E, "Niche Marketing for Late Imperial Fiction", Printing and Book Culture in Late Imperial China., ~
- Hegel, Robert E, "The Art of Persuasion in Literature and Law", Writing and Law in Late Imperial China., ~
- Hegel, Robert E, "Writing and Law in Late Imperial China: Crime, Conflict, and Judgement" (2007), University of Washington Press
- Huang, Philip C. C, "Civil Justice in China: Representation and Practice in the Qing" (1996), Stanford University Press
- Jiang, Yonglin, "Satisfying Both Sentiment and Law: Fairness-Centered Judicial Reasoning as Seen in Late Ming Casebooks", Thinking with Cases., ~
- Kinkley, Jeffrey C, "Chinese Justice, the Fiction" (2000), Stanford University Press
- Ma, Y. W, "Kung-an Fiction: A Historical and Critical Introduction", T'oung Pao, 64(4) (1979)
- Nussbaum, Martha C, "Poetic Justice: The Literary Imagination and Public Life" (1995), Beacon Press
- Theiss, Janet, "Explaining the Shrew: Narratives of Spousal Violence and the Critique of Masculinity in Eighteenth-Century Criminal Cases", Writing and Law in Imperial China., ~
- Van Gulik, "Celebrated Cases of Judge Dee" (1976), Dover
- Waltner,Ann, "From Casebook to Fiction - Kung-an in Late Imperial China", The Journal of the American Oriental Society, 110(2) (1990)
