法家以前 : 春秋期における刑と秩序

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書誌事項

タイトル別名
  • BEFORE THE LEGALISTS Punishment and Order in the Ch'un-ch'iu Period
  • ホウカ イゼン シュンシュウキ ニ オケル ケイ ト チツジョ

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抄録

The majority of the acts of physical injury which appear in sources of the Ch'un-ch'iu 春秋 period, were not punishments in the sense of measures of Rechtszwang. They were sanctions to display power to hostile persons, and their main purpose was to threaten them by fear of physical suffering. The social order in times of peace was protected by traditional norms, and even if, rarely, punishments were pronounced, then the reason for it was the violation of these norms. However, within the military groups the situation was different. The punishments in times of war were pronounced by a Zwangsapparat which possessed a law that was proclaimed beforehand to the whole army, enforced with military strength ; these were obviously measures for preserving the military order. During the Ch'un ch'iu period, these two principles of order existed parallel to each other. However, the social changes which started in the middle Ch'un-ch'iu period caused the old tradition gradually to collapse. The public announcement of written laws which were carried out in Cheng 鄭and Chin 晋 (the hsing-ting, penal tripods 刑鼎) was an effort to respond to such a situation, to cope with the new social norms. The proclamation was to the effect that the law, which until then had only been applied to military groups in times of war, was now to be applied in peace-time, and to include the general public. But a new problem arose. The proclamation of the written law had a result that people were given opportunities for quarrels. Thus, law and punishment in the Ch'un-ch'iu period were not completed as measures of control. Consequently, discussion of measures to increase the rulers' authority, while preserving the principle of public proclamation, continued within the Warring States 戦國. The people who produced a scheme of solution for this problem, by (i) a philosophy of control and the perfection of the bureaucratic system, (ii) the strengthening of the economic forces of the ruler, and (iii) the military reorganization of society, were the same politicians-philosophers who were later called the "legalists" (fa-chia 法家).

収録刊行物

  • 東洋史研究

    東洋史研究 39 (2), 249-285, 1980-09-30

    東洋史研究會

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