조선·명·청 소설규제의 법률적 근거 고찰 - ‘明律’을 중심으로

Abstract

As a feudal state of Confucianism, The Chosun, Ming, and Qing dynasty shared the terms of ‘a vulgar book Vulgar words(造祅書祅言)’and ‘magic prohibition(禁止師巫邪術)’ clauses and as legal grounds for rejecting the novel. However, despite these common denominators, these three Dynasties implemented different forms of novel regulation because of the different ethnicities. Starting from this problem, the study adopted a comparative and literary methodology called cultural anthropology methodology and cross-comparison. In this study, I analyzed as an objective data, Chosun, Myeong and Qing’s law and referenced ‘silok(實錄)’. First, we looked at the succession relationship between ‘Law of Xieshu(挾書)’, ‘Law of Ming(明律)’ and ‘Law of Qing(淸律)’, which were legal sources that prohibited novels. Next, we looked at whether ‘a vulgar book Vulgar words’ clause in the ‘Law of Tang(唐律)’ was passed down to the ‘a vulgar book Vulgar words’ and ‘magic prohibition’ clauses in the ‘Law of Ming’ and ‘Law of Qing’, and how it was accepted into Chosun Dynasty. Finally, we examined the characteristics of the ‘legalization’ of the Qing dynasty, in relation to the regulation law of fiction. As a result of these considerations, the reasoning that all novels in the three dynasties of ‘Chosun’, ‘Ming’ and ‘Qing’ would have been uniformly forbidden was wrong. Next, the three dynasties shared confucian governance ideologies, but cultural and emotional differences allowed them to regulate novels in different ways. It also confirmed that the law and silok can be used as important sources in the study of ‘pollution’ and ‘resistance’ of novels that emerged by regulating novels.