繼承 속의 變化 ― 『宋刑統』 譯注를 위한 導論 ―
Changes in Successions: Introduction to an Annotated Translation of Songxingtong
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Songxingtong seems like Tanglüshuyi, because the penal code of Tang and its commentary take the major part of this book. Modelling after Zhouxingtong, it was very much related with the traditional law consciousness that the penal code was too authoritative to be amended. But Songxingtong, as a basic code of Song Dynasty, could not be only composed of laws in the first half of Tang Dynasty. Besides various notes, many statutes, ordinances, regulations, decrees and proposals were supplemented and had legal force associated with the penal code. This formation of code could include the new changes up to its date as well as the successions to legal tradition, which suggests the characteristics of the judicial system and its ideology in Song Dynasty. Nearly all of the decrees and proposals in Songxingtong are explicitly published after the second half of Tang Dynasty. But most of statutes, ordinances, regulations without clear issue date were generally regarded as those of Kaiyuan Period, the first part of Tang. Nevertheless, all of them were still legally valid in early Song, and there are a few convincing evidences to show that some of them were revised or made after the Rebellion of An Lushan. No one can confirm that all of them are free from the new trends in the so-called ‘Tang-Song Transition’ since then. Moreover, the revisions were concentrated on the laws deeply related with the daily life of common people, so the changes found in them more deserve our investigation. Even though the statutes can not be the proofs of the Kaiyuan Statutes, many significant historical facts may be derived from them. This is why we need an annotated translation of Songxingtong.
Abstract
Songxingtong seems like Tanglüshuyi, because the penal code of Tang and its commentary take the major part of this book. Modelling after Zhouxingtong, it was very much related with the traditional law consciousness that the penal code was too authoritative to be amended. But Songxingtong, as a basic code of Song Dynasty, could not be only composed of laws in the first half of Tang Dynasty. Besides various notes, many statutes, ordinances, regulations, decrees and proposals were supplemented and had legal force associated with the penal code. This formation of code could include the new changes up to its date as well as the successions to legal tradition, which suggests the characteristics of the judicial system and its ideology in Song Dynasty. Nearly all of the decrees and proposals in Songxingtong are explicitly published after the second half of Tang Dynasty. But most of statutes, ordinances, regulations without clear issue date were generally regarded as those of Kaiyuan Period, the first part of Tang. Nevertheless, all of them were still legally valid in early Song, and there are a few convincing evidences to show that some of them were revised or made after the Rebellion of An Lushan. No one can confirm that all of them are free from the new trends in the so-called ‘Tang-Song Transition’ since then. Moreover, the revisions were concentrated on the laws deeply related with the daily life of common people, so the changes found in them more deserve our investigation. Even though the statutes can not be the proofs of the Kaiyuan Statutes, many significant historical facts may be derived from them. This is why we need an annotated translation of Songxingtong.
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