<論説>ある女性の告発をめぐって : 岳麓書院蔵秦簡「識劫𡟰案」に現れたる奴隷および「舎人」「里単」 (特集 : 家族)

Abstract

本稿では「識劫𡟰案」と称される秦王政時代の「奏讞文書」を取り上げて、主に家族史・親族史の観点から考察を加えた。第一・第二節でまず案例全体の考釈を試みた後、以後の節で本案例に現れる奴隷、及び「舎人」・「里単」に関して専論した。第三節では、奴隷の解放という問題を通じて、秦代・漢初の「奴隷主―奴隷」関係について検討を行い、その結びつきが当該期「父―子」の絆に強く仮託されていたと推論した。第四節では、張家山漢簡の奏讞書・案例二二に対する分析をもふまえて、「主―舎人」といった擬制的家族関係が秦代の商人社会においては強固で安定した関係を築くための基盤として尊ばれていたと指摘した。更に第五節・終節では、本案件が生起した当時「里単」(地縁組織) が葬送に関わる相互支援機能を担っていたが、後漢後期になるとそれは「同宗」集団の負うべき一役割と目されるに至り、父系同姓関係を重視する風潮の顕在化がここに読み取れると論じた。

In 2013 Shanghai Lexicographical Publishing House published volume three of Qin Bamboo Slips Kept in the Yue Lu Academy 岳麓書院蔵秦簡 and the legal work titled Wei yu deng zhuang si zhong 為獄等状四種 thereby became public. This article addresses the "Shi jie Wan an" 識劫娩案one of the zou yan shu奏識書 (varieties of legal precedents) that appears among them and examines it from the standpoint of family history and familial relations. In this document, it is possible to confirm the date "Qinwang Zheng 18" (BCE 229). Thereby, we understand that the trial occurred just prior to the establishment of the Qin empire. The plaintiff was a woman named Wan 娩, a former slave, who claimed that she had been threatened by someone named Shi 識. The reason for the threat was that Wan had misreported the family assets. When she was still a slave, Wan gave birth to the master's children and she was later freed from servitude, becoming the wife of her former master. Because her husband had died, when Wan reported the family finances in place of the young children, she did not report the debts owed by her husband's she ren舎人as family assets. Shi knew this fact and threatened Wan. Wan thereafter destroyed the documentary evidence, cancelling their debts, and moreover initiated a suit against Shi for threatening her. Then, when the investigatory process began, it was discovered that Wan, who should been the wife of her former master, did not appear in the household record as his wife. The people who appear in this case are extremely diverse. The plaintiff Wan and the accused Shi were both freed slaves, as was her former husband. Moreover, in this legal case, there also appear the four children born of the union of Wan and her former lord, the former she ren of the husband who were in his debt, as well as the relatives who lived in the same village as the husband, and the village officials who managed the household records. In addition, it can be confirmed that the mutual-help organization called a li dan 里単, which was composed of people from the same village, also appear in the records. It can be affirmed that this legal case is an excellent source in attempting to comprehend concrete examples in of the relationships among people in civil society of the day. In the first and second sections of this article I attempted a comprehensive interpretation of the Shi jie Wan an case. Then in the third and later sections, I argue in regard to the slaves, she ren, and li dan who appear in this case. In the third section, I consider the slaves, and especially their liberation. The purpose of this section is to elucidate the concrete aspects of the relationship between master and slave during the period in question. As a result of this analysis, I hypothesized the following. In some cases during the Qin and early Han periods masters of slaves provided land to slaves and gave them independence, just as they might help their own children become independent, and it is probable that the master-slave relationship was conceived as close to the parent-child relationship. In the fourth section, I consider the relationship between the master and she ren. Heretofore, she ren have been considered lower-ranking officials who served under feudal lords or high-ranking officials. However, the she ren who appear in this legal case are unlike those. The master-she ren relationship seen in this document is a relationship between civilian people. The same type of she ren can be seen in case 22 of the zou yan shu in the Han bamboo slips from Zhang jia shan 張家山, and, intriguingly, this case and the relationship between master and servant seen in "Shi jie Wan an" are both examples of hierarchical relations within a merchant group. The author surmises from these examples that the master-she ren relationship among merchants of the Qin period was probably stressed on the principle of unity based on strong bonds of mutual ties based on pseudo-family relationships. In the fifth section, I consider the li dan. This local mutual aid organization seen in "Shi jie Wan an" was formed with the aim of lessening the financial burden associated with a funeral when someone died in a family. However, this function came to be fulfilled by the lineage group. This change can be confirmed in the Latter-Han Si min yue ling 四民月令 cited in the final section. We can hypothesize that there was a gradual increase in the importance of patrilineal relationships as time passed.