張家山漢簡≪二年律令≫解題

Abstract

In this paper, the author discusses a few problems to be resolved or, at least, to be recognized when we utilize Ernian lüling as a source for historical research. There is no proof to know the name and status of the dead who was buried in Tomb 247 in Zhangjiashan, from which Ernian lüling was unearthed. What we know is only the fact that he had been a official, and left his job because of sickness in 194 B.C.. Comparing with other nearby tombs in the size and the buried articles, it is similar with Tomb 10 in Fenghuangshan 鳳凰山. Many scholars believe that this tomb 10 is that of a chief of ward. Although the principle they followed to arrange the slips is not written clearly, it is easy to understand that each bamboo slip was arranged according to its excavated point and its content. In some cases, slips are placed without considering their excavated points, that makes their restoration incomplete. The author notices a few points of misarrangement. Ernian lüling is sometimes regarded as a copy of the Han code, but we must not forget that this is only a group of bamboo slips unearthed from a tomb. There is a possibility that this text was not a part of the national code but a personal note on the Han statutes and ordinances which was referred for fulfilling his duties. It is true that some provisions have no relationship with Hubei province, and therefore they could not have been referred by a official there, but we still cannot assure that this is the extract from the Han national code which had become widespread all over the empire. "Ernian"--second year--is thought to mean the "second year" of the reign of Empress Dowager Lu 呂, i.e.-186 B.C.. There are various provisions enacted in different years in Ernian lüling, but no provision that was enacted after 186 B.C. can be found. Therefore, the author also agrees with this accepted theory, and insists that Ernian lüling is the compilation of the statutes and ordinances valid in 186 B.C., not the code which was enacted in that year.