秦ㆍ漢律의 庶人 -庶人泛稱說에 對한 批判-

Abstract

Through the Sui HuDi Qin Bamboo Manuscripts睡虎地秦簡 which was exhibited on late 1970s, we could find out a lot about the characteristic of Qin Dynastics’s slave and a person who have the noble title. From the book, we found about Shi Wu士伍 and also the actual condition of subordinate people which I will talk about on my dissertation. By the legal text of year 2, newly unearthed at Zhangjia-shan, Jiangling江陵張家山漢簡二年律令 we could research about Sui Hu Di Qin Bamboo Manuscrpts 睡虎地秦簡 more precisely. The research was based on Qin legal text秦律. It described about Shi Wu士伍 that they were treated very importantly but by the legal text of year 2二年律令, we could find more about them. Especially, On the legal text of year2 has contents about ShyRen庶人. The legal text of year 2二年律令 call the common people as Gong Zu公卒, Shi Wu士伍 or Shu Ren庶人. Common people did not have noble title. Gong Zu公卒, Shi Wu士伍 and Shu Ren 庶人were part of common people but they had difference by the law. Shu Ren 庶人people were lower class than Gong Zu公卒 and Shi Wu士伍. On the legal text of year 2 二年律令, it says that there is big difference between Gong Zu公卒, Shi Wu士伍 and Shu Ren庶人. For instance, on the book it mentions about Gong Zu公卒 and Shi Wu士伍 getting Yu Mi 鬻米. ShuRen庶人 had not been offered Yu Mi 鬻米at all. Gong Zu公卒 and Shi Wu士伍 even got Shou Zhang受杖 which is a symbol of power and wealth. Shu Ren 庶人did not get this either. The obvious differences between Gong Zu公卒, Shi Wu士伍 and ShuRen庶人 can also be found in The Bamboo Slips of the Qin Dynasty Collected in Yuelu Academy嶽麓秦簡. Gong Zu公卒 and Shi Wu士伍 may be appointed to LiDian里典 and Fulao父老, but ShyRen庶人 was excluded from the list of candidates for the appointment. From this point of view, even the a man of no title can see that there is a clear difference between the Gong Zu公卒, Shi Wu士伍 and ShuRen庶人. Except for Qin and Han's legal秦漢律, no case can be found that nothing is defined as Gong Zu公卒, Shi Wu士伍 and Shu Ren庶人. In that respect, The Shu Ren庶人 of Qin and Han's legal秦漢律 was clearly different from Shu Ren庶人 of the previous era. The Shu Ren庶人 of Qin and Han's legal秦漢律 is a special name. The Shu Ren庶人 of Qin and Han's legal秦漢律 is hard to grasp by the people's concept. Regardless of the times, the general concept of the Shu Ren庶人 we speak of is closer than a Shi Wu士伍 in Qin and Han's legal秦漢律. Why does Unearthed bamboo slips of Liya里耶秦簡 have the word "Shi Wu士伍" instead of "Shu Ren庶人" in the terms of a universal identity?